Partnership Firm / LLP ITR

ITR-5 filing for Partnership Firms and LLPs — with Section 40(b) remuneration and interest calculation, tax audit coordination, and LLP Form 8 / Form 11 filing.

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Overview

Partnership Firms and LLPs file their annual income tax returns in Form ITR-5. Both are taxed at a flat rate of 30% on total income (plus applicable surcharge and 4% health & education cess). Tax audit under Section 44AB is mandatory for firms/LLPs with business turnover above Rs.1 crore (Rs.10 crore for highly digital businesses) or professional receipts above Rs.50 lakhs.

Key tax computation: Section 40(b) strictly limits the deduction for partner remuneration (capped at 90% of the first Rs.3 lakh of book profit + 60% of balance, or Rs.3 lakh whichever is higher) and partner interest (maximum 12% per annum). Remuneration and interest exceeding these limits are disallowed — excess goes to taxable income. LLPs additionally must file Form 8 (Statement of Accounts — due October 30) and Form 11 (Annual Return — due May 30) with MCA.

Due date: July 31 (no audit) | October 31 (with audit). MFiling professional charges: from Rs.2,999 (no audit) | Rs.5,999 (with audit).

Key Benefits

Section 40(b) Remuneration Optimised
MFiling calculates the maximum allowable remuneration to partners — maximises deduction without disallowance.
Partners Exempt from Tax on Share of Profit
Partners' share of firm profit is exempt under Section 10(2A) — correctly classified to avoid double taxation.
Tax Audit Coordination
MFiling coordinates the Section 44AB tax audit, Form 3CA/3CD preparation, and timely filing for audit cases.
LLP Annual Filings Managed
MFiling files Form 8 (Oct 30) and Form 11 (May 30) with MCA alongside ITR-5 for LLP clients.
Carry Forward of Firm Losses
Business losses computed and carried forward correctly — available for set-off against future income.

Documents Required

Partnership Deed or LLP Agreement (for verification of remuneration and interest clauses)
Audited Profit & Loss Account and Balance Sheet
Partners' Capital Account Statements
Bank Statements for All Firm / LLP Accounts
Form 26AS for TDS Credits on Firm Income
Tax Audit Report Form 3CB-3CD (if applicable)

How it Works

Review Partnership Deed / LLP Agreement (Day 1)

Verify partner remuneration and interest clauses — ensure they comply with Section 40(b) limits.

Compile Audited Financial Statements (Day 1–3)

Review firm P&L and balance sheet, capital accounts, and bank reconciliations.

Compute Section 40(b) Allowance (Day 2–3)

Calculate maximum allowable partner remuneration and interest — adjust for disallowances.

Tax Audit (if applicable) (Week 2–4)

Coordinate Form 3CB-3CD audit with CA — upload digitally signed audit report before filing.

File ITR-5 on Income Tax Portal (Day 4–5)

Fill all schedules including BP (business income), TDS credits, advance tax, and carry-forward losses.

File LLP Form 8 and Form 11 (for LLPs) (Separate deadlines)

File Statement of Accounts (Form 8 by Oct 30) and Annual Return (Form 11 by May 30) on MCA portal.

E-Verify and Share Acknowledgement (Day 5)

Complete e-verification using DSC of authorised partner — ITR-V acknowledgement shared.

Frequently Asked Questions

Is partner remuneration from a firm taxable in the partner's hands?
Yes. Remuneration received by working partners from a firm (salary, bonus, commission, fee) is taxable in the partner's hands as income from Business/Profession under Section 28. However, the partner's share of profit from the firm (after remuneration) is exempt in their hands under Section 10(2A). Interest received by partners on their capital is also taxable as business income for the partner.
What happens if remuneration in excess of Section 40(b) limits is paid to partners?
The excess remuneration above Section 40(b) limits is disallowed as a deduction for the firm — it is added back to the firm's taxable income. However, the partner who received the remuneration must still include the full amount (including the disallowed portion) in their personal income tax return. This results in double taxation — the firm pays tax on the disallowed portion AND the partner pays tax on it. MFiling ensures remuneration is structured exactly at the allowable limit to prevent double taxation.
Service Price
₹2,999
Starting price · GST extra
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Section 40(b) Remuneration Optimised
MFiling calculates the maximum allowable remuneration to partners — maximises deduction without disallowance.
Partners Exempt from Tax on Share of Profit
Partners' share of firm profit is exempt under Section 10(2A) — correctly classified to avoid double taxation.
Tax Audit Coordination
MFiling coordinates the Section 44AB tax audit, Form 3CA/3CD preparation, and timely filing for audit cases.
LLP Annual Filings Managed
MFiling files Form 8 (Oct 30) and Form 11 (May 30) with MCA alongside ITR-5 for LLP clients.
Carry Forward of Firm Losses
Business losses computed and carried forward correctly — available for set-off against future income.

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Service Price
₹2,999
Starting price · GST extra

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