Partnership Firm Tax Return Filing
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Partnership Firm Tax Return Filing in India is based, in essence, on a fixed rate of tax, some deductions under the Income Tax Act, and dates of filing ITR‑5, especially where the involvement of a tax audit is concerned. Understand the basics to help you as a partner plan profit sharing, remuneration, and compliance so that your firm avoids penalties and interest. For income tax, an organisation of partners is treated as an independent taxable entity apart from its partners; the firm pays tax on its profits, whereas partners are taxed on the share of profit and specified income received by them as per the partnership deed. Partnership firms-including LLPs taxed at a flat rate of 30% on the taxable income, plus applicable surcharge and 4% health and education cess. Unlike in the case of individuals, there is no basic exemption limit or slab‑wise rate in the case of firms; on the entire taxable profit, tax would be attracted.
The taxable income of the firm is computed under “Profits and Gains from Business or Profession” after allowing eligible business expenses and specific deductions allowed by the Act. The resulting business income is taxed at 30% plus surcharge, which is usually 12% if income exceeds 1 crore, plus cess, subject to any special provisions. The firm also has to consider its obligations regarding TDS, advance tax, and interest u/s 234B/234C in case the advance tax is not paid properly. Section 194T provides for mandatory 10% TDS from April 2025 on the payment of a specified nature, including remuneration or interest payable to partners in excess of the specified limit per year.
The income-tax return is to be filed in Form ITR‑5 by Partnership firms, except those which are taxed as companies, through the e‑filing portal of the Income Tax Department. E‑filing is compulsory, and the return is verified by a digital signature, in tax audit cases, or EVC options. In case an audit is required u/s 44AB, the firm has to attach or upload its tax audit report (Form 3CA/3CB and 3CD, and, where applicable, partner remuneration details) before filing ITR‑5. Simplified reporting may be available to firms that opt for presumptive taxation under sections 44AD/44ADA/44AE, but a number of conditions would need to be followed, including limitations on deductibility of partner remuneration under those schemes.
Due dates are mainly based on whether a tax audit is applicable in the relevant financial year or not.
Late filing will attract a fee under section 234F, up to 10,000; interest on tax dues; and possible loss of some set‑off benefits.
|
Compliance |
Applicable Form |
Due Date |
Remarks |
|
Income Tax Return (Non-Audit) |
ITR-5 |
31st July |
Firm not liable to tax audit |
|
Income Tax Return (Tax Audit Case) |
ITR-5 |
31st October |
Tax audit applicable u/s 44AB |
|
Tax Audit Report |
Form 3CA/3CB & 3CD |
30th September |
Mandatory before filing ITR |
|
Statement of Payments to Partners |
Part of ITR-5 |
Along with ITR |
Salary, interest & profit share |
|
Advance Tax – 1st Installment |
Challan ITNS 280 |
15th June |
15% of total tax |
|
Advance Tax – 2nd Installment |
Challan ITNS 280 |
15th September |
45% of total tax |
|
Advance Tax – 3rd Installment |
Challan ITNS 280 |
15th December |
75% of total tax |
|
Advance Tax – 4th Installment |
Challan ITNS 280 |
15th March |
100% of total tax |
|
TDS Return (if applicable) |
Form 24Q / 26Q |
Quarterly |
If TDS deducted |
|
TDS Certificate Issue |
Form 16A |
15 days from return filing |
For vendors/partners |
|
GST Return (if registered) |
GSTR-1 / GSTR-3B |
Monthly/Quarterly |
As per GST scheme |
Have the following ready before you start Partnership Firm Tax Return Filing:
Follow this broad online process for filing the Partnership Firm online Tax Return Filing in India:
Some of the key benefits of filing Partnership Firm Tax Return in India under the Income Tax Act are given below:
Partnership firm tax return filing is not merely about uploading ITR‑5; it is about proper profit computation, correct application of Section 40(b) limits for partner remuneration and interest, and timely compliance with audit and TDS provisions. If the partners plan their drawings, remuneration, and capital structure with these tax rules in mind, the firm will be able to minimize disputes, optimize the amount of tax outgo, and avoid penalties while remaining fully complian