TDS on partners remuneration

1047 views 3 replies

TAN registration mandatory for partnership firm for deducting tds on partners remuneration. 

From which AY it will be applicable 

Replies (3)
Quick Summary
The discussion covers TAN registration requirements for partnership firms deducting TDS on partner remuneration, its applicability, and whether a partner can apply for a lower or nil TDS certificate through Form 13, subject to eligibility and approval by the tax authorities.

As per the Income-tax Act, 1961, a partnership firm is required to deduct Tax Deducted at Source (TDS) on partner's remuneration. To comply with this requirement, the partnership firm must obtain a Tax Deduction and Collection Account Number (TAN). Mandatory TAN Registration: The Finance Act, 2021, introduced a new provision, Section 194A(3A), which mandates TAN registration for partnership firms deducting TDS on partner's remuneration. Applicability: This provision is applicable from the Assessment Year (AY) 2022-23 onwards. Key Points: 1. *TAN Registration*: Partnership firms must obtain a TAN to deduct TDS on partner's remuneration. 2. *TDS Deduction*: TDS must be deducted on partner's remuneration as per the applicable rates. 3. *Quarterly TDS Statements*: Partnership firms must file quarterly TDS statements (Form 26Q) to report the TDS deducted. Next Steps: 1. *Apply for TAN*: If you haven't already, apply for a TAN through the NSDL website or a TAN facilitation center. 2. *Deduct TDS*: Ensure you deduct TDS on partner's remuneration as per the applicable rates. 3. *File TDS Statements*: File quarterly TDS statements (Form 26Q) to report the TDS deducted. Consult a tax professional or chartered accountant to ensure compliance with TDS regulations and TAN registration requirements.

Pl let me know if a Partner can submit Form 13 and request for issue of NIL TDS certificate.

As per the Income-tax Act, 1961, a partner can submit Form 13 to request a Nil TDS certificate, but there are certain conditions and requirements. Eligibility: A partner can submit Form 13 if: 1. *No tax liability*: The partner does not have any tax liability for the financial year. 2. *No TDS deductible*: No TDS is deductible from the partner's share of income from the partnership firm. Conditions: Before submitting Form 13, the partner must: 1. *Verify the partnership deed*: Ensure the partnership deed allows the partner to request a Nil TDS certificate. 2. *Obtain a certificate from the firm*: Get a certificate from the partnership firm stating that the partner's share of income is not liable to TDS. Procedure: To submit Form 13: 1. *Fill the form*: Fill Form 13 with the required details, including the partner's PAN, name, and address. 2. *Attach supporting documents*: Attach the certificate from the partnership firm and any other supporting documents. 3. *Submit the form*: Submit Form 13 to the Assessing Officer (AO) or the designated authority. Issuance of Nil TDS Certificate: If the AO is satisfied with the application, they will issue a Nil TDS certificate in Form 16A or Form 16B, as applicable. Please consult a tax professional or chartered accountant to ensure compliance with tax regulations and to verify the specific requirements for your situation.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details