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Partnership Firm

Sirajul Muneer K S (Software) (57 Points)

08 April 2010

Hi Everybody,

I am the Managing Partner of a Partnership firm engaged Software Development. We are two partners both working partners and no other employees.

I want to know the following things

1. Which category of partnership does our firm comes under, Professional or General?

2. What is new Remuneration calculating chart for our firm?

3. Can the partners claim Commission or any other cash, other than the remuneration, which can be deducted from profit, after giving TDS for such amount. Is there any amendments made in this section recently (on or after 2009)

Thanks in advance

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2 Replies

CA Babit Khurana (learning is my passion) (338 Points)
Replied 08 April 2010

1) Your firm is in in professional catagory, because specified profession covers Information Technology as well as per your post you are in the business of software development & software devlopment coverd under Informatin tech.

2) Remuneration as per section 40(b) on Income Tax Act,1961 :-

A) On first Rs 100000 of book pofit or in case of loss- Rs 50000 or 90% of book profit

B)On next Rs 100000 of book pofit - 60% of book profit

c)On balance book pofit - 40% of book profit.

Note : Remuneration can only be provided if it is authorised by Partnership deed, if partnership deed provide lesser amount of remunertion then that amount is deducatble, if not then subject to section 40(b).

3)As per Section 40(b) of income tax Act,1961, Yes partner can claim intrest on capital @ 12% simple intrest but only if mention in partnership deed if partneship deed provide any other rate then it should be followed but cannot exceed the rate given under section 40(b).

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CA Babit Khurana (learning is my passion) (338 Points)
Replied 09 April 2010

Clearification of point no 2 of earlier reply.

Amendment made by finance act,2009

The Act has made upward revisionof existing limits of the remuneration. Further, uniform limits have been prescribed for both professional and non professional firms fro simplicity and admin. ease . the revise limits are as under:

On first Rs 300000 of book pofit or in case of loss- Rs 150000 or 90% of book profit, which ever is more

On balance of book pofit - 60% of book profit.

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