01 August 2022
We have a firm which has earned a profit of Rs.9 lakhs last year (fy 21-22) One of partner has retired and a new partner joined the firm in feb last year (feb'22) . Now when we pay retiring partner's capital rs.3 lakhs + rs.3 lakh profit and int on capital rs.45000. How much income tax liability retiring partner will have ?
Will the retiring partner have to pay tax on entire Rs.645000 ? Asking this question as someone told me that retiring partner does not have to pay income tax on any amount he gets on retirement from firm. Is this true ?
10 July 2024
The tax implications for a retiring partner receiving amounts from a partnership firm involve considerations of capital withdrawal, profit share, and interest on capital. Here’s how the tax liability is typically calculated:
1. **Capital Withdrawal:** - The retiring partner is entitled to withdraw their share of capital from the partnership. In your case, the retiring partner is withdrawing Rs. 3 lakhs as capital.
2. **Share of Profits:** - The retiring partner is also entitled to their share of profits up until the date of retirement. You mentioned the firm earned a profit of Rs. 9 lakhs for the financial year 2021-22. Assuming the retiring partner's profit share for the period they were a partner is calculated, let's proceed with the assumption that this profit is apportioned based on their period of partnership in FY 21-22.
3. **Interest on Capital:** - Interest on capital is also payable to partners based on the partnership deed or agreement. In your case, the retiring partner is entitled to Rs. 45,000 as interest on capital.
**Tax Liability Calculation:**
- **Capital Withdrawal (Rs. 3,00,000):** Generally, withdrawal of capital by a partner from a partnership firm is not taxable in the hands of the partner. It's treated as a return of capital and not as income.
- **Share of Profits (Apportioned amount for the period the partner was active):** This amount is taxable in the hands of the retiring partner under the head "Profits and Gains of Business or Profession" since it represents the partner's share of business profits.
- **Interest on Capital (Rs. 45,000):** Interest on capital received by the partner is taxable under the head "Income from Other Sources".
Therefore, the retiring partner's taxable income would include the share of profits for the period they were a partner (for FY 21-22) and the interest on capital received.
**Important Points:**
- The retiring partner will not pay tax on the entire Rs. 6,45,000. Tax will be applicable on the share of profits and interest on capital as mentioned above.
- It's crucial to calculate the retiring partner's share of profits accurately based on the partnership deed or agreement.
- The retiring partner should consult with a tax advisor or a chartered accountant to compute the exact tax liability considering their specific circumstances and any deductions or exemptions they might be eligible for.
In conclusion, while the retiring partner does not pay tax on the capital withdrawn (Rs. 3 lakhs in this case), they will have tax liability on their share of profits and interest on capital received from the partnership firm.
CAclubindia
