Partnership Firm Return
The annual tax filing for traditional partnership firms to report income and distribute profits.
Partnership Firm Return
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🤝 Partnership Firm Income Tax Return (ITR) Filing – Complete Guide
1️⃣ What is a Partnership Firm Return?
A Partnership Firm Return is the annual tax return filed by a partnership firm (other than LLPs) to declare its income, expenses, and tax liability to the Income Tax Department.
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Governed by Income Tax Act, 1961
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Mandatory under Section 44AB if turnover exceeds prescribed limits
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Helps in tax compliance, claiming deductions, and legal proof of income
2️⃣ Who Should File Partnership Firm ITR?
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All partnership firms, except LLPs, registered under Partnership Act, 1932
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Firms with business or professional income
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Turnover exceeds:
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₹1 crore for business
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₹50 lakh for professionals (audit applicable under Section 44AB)
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Firms claiming deductions under Chapter VI-A
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Firms with foreign income or assets
Note: Even if turnover is below the threshold, filing may be required to claim refunds.
3️⃣ Income Sources for Partnership Firms
|
Income Type |
Notes |
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Business Profit |
Profit from trading, manufacturing, or services |
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Capital Gains |
Sale of business assets like machinery or property |
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Interest / Dividend |
Income from investments made by the firm |
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Other Income |
Rent, royalties, or consultancy income |
4️⃣ Deductions for Partnership Firms
|
Section |
Deduction / Notes |
|
Section 30–37 |
Business expenses (rent, salaries, repairs, depreciation) |
|
Section 36 |
Interest on loans, provisions, and bad debts |
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Section 40(b) |
Partner’s remuneration, interest, and salary as per Partnership Act |
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Section 80C / 80D |
If partners have personal investments (only for individual partners, not firm) |
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Depreciation |
As per Income Tax Act, WDV method |
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Carrying forward losses |
Only if ITR filed on time, can be carried forward for 8 years |
5️⃣ Choosing the Correct ITR Form
|
Form |
Applicability |
|
ITR-5 |
Partnership firms, LLPs, Association of Persons (AOPs), Body of Individuals (BOIs) |
Filing wrong form may result in rejection or processing delay.
6️⃣ Documents Required for Partnership Firm ITR
|
Document |
Purpose |
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PAN & Aadhaar of firm |
Identification & verification |
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Partnership deed |
Proof of partnership and revenue sharing |
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Books of accounts |
Ledger, trial balance, P&L, Balance Sheet |
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Bank statements |
Proof of income and expenses |
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TDS certificates (Form 16A) |
Tax deducted on payments received |
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GST Returns (if applicable) |
Reconciliation with turnover and expenses |
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Loan statements |
Interest claimed under Section 36 |
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Capital assets register |
Depreciation and asset sale records |
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Investment proofs |
Section 80C, 80D deductions (if applicable for partners) |
|
Form 26AS |
TDS on payments to firm or received |
7️⃣ Step-by-Step Filing Process
Step 1 – Collect Documents
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PAN, Aadhaar, partnership deed, books of accounts, bank statements, Form 26AS, TDS certificates
Step 2 – Compute Total Income
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Business profits minus allowable deductions
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Add other income like capital gains, interest, rent
Step 3 – Claim Deductions
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Business expenses under Section 30–37, 36
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Partner remuneration and interest under Section 40(b)
Step 4 – Pay Tax
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Advance tax if applicable
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Self-assessment tax before filing if tax liability exceeds TDS
Step 5 – File ITR Online/Offline
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ITR-5 on Income Tax e-Filing portal
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Offline filing possible using utility forms
Step 6 – Verification
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e-Verify via Aadhaar OTP, net banking, or bank account
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Physical verification by sending signed ITR-V to CPC Bangalore
Step 7 – Audit (if applicable)
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Section 44AB audit if turnover/professional receipts exceed:
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Business: ₹1 crore
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Profession: ₹50 lakh
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Audit report: Form 3CB/3CA + Form 3CD
Step 8 – Acknowledgment & Refund
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ITR acknowledgment generated post-verification
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Refund credited to bank account linked with PAN
8️⃣ Tax Audit for Partnership Firms (Section 44AB)
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Mandatory if turnover exceeds thresholds
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Forms required:
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Form 3CB / 3CA – Audit report
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Form 3CD – Detailed schedule of income, expenses, TDS, capital assets, loans, partner remuneration
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Deadline: 30th September of assessment year
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Non-compliance results in penalty under Section 271B
9️⃣ Advance Tax & Self-Assessment
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Partnership firm must pay advance tax in installments:
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15% by 15 June, 45% by 15 Sept, 75% by 15 Dec, 100% by 15 Mar
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Interest applies under Sections 234B/C if not paid on time
🔟 Common Mistakes to Avoid
|
Mistake |
Consequence |
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Missing partner remuneration / interest |
Disallowance under Section 40(b) |
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Incorrect partner profit sharing |
Tax computation errors |
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Late filing |
Penalty & interest |
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Not reconciling TDS |
IT notice / scrutiny |
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Failing audit |
Penalty under Section 271B |
1️⃣1️⃣ Advisory Draft – Partnership Firm ITR
To: [Client Name]
Date: __________
Subject: Advisory on Partnership Firm Income Tax Return Filing
Dear [Client Name],
This advisory provides guidance for filing Income Tax Return for your partnership firm for FY [20XX–XX].
Recommended Actions:
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Maintain accurate books of accounts, bank statements, invoices, and capital assets register.
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Ensure partner remuneration and interest are computed as per Section 40(b).
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Compute total business/professional income including other income sources.
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Claim eligible business deductions (Sections 30–37, 36, depreciation).
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File ITR-5 online through Income Tax e-Filing portal and verify within 120 days.
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Conduct audit under Section 44AB if turnover/professional receipts exceed thresholds.
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Pay advance/self-assessment tax timely to avoid interest and penalties.
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Maintain all documents, ITR acknowledgment, and audit reports for at least 6 years.
Benefits: Legal compliance, proper partner remuneration reporting, deduction of expenses, avoidance of penalties, and smooth audits.
Warm regards,
[Consultant Name]
[Designation / Organization]
🔹 Useful Links
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Section 44AB – Tax Audit
🔹 Additional Information Not Covered Above
1️⃣ Director’s Income and Director’s Fees
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Directors of companies may receive sitting fees, commission, or salary
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All such income is taxable under ‘Income from Salary or Other Sources’
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TDS is deducted under Section 194J
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Filing ITR must include these amounts separately to reconcile with Form 26AS
2️⃣ Income from House Property (Advanced)
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Not just rental income: deductions can include:
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Interest on home loan (Section 24b)
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Municipal taxes paid
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Pre-construction interest (can be claimed in 5 installments)
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For co-owned property, share of income must be reported by each owner
3️⃣ Capital Gains – Special Cases
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Sale of cryptocurrency / virtual assets (taxable at 30% from FY 2022–23)
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Sale of shares / mutual funds (STCG & LTCG, exemptions under 54F, 54EC)
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Gifted or inherited property: capital gains calculation based on cost of acquisition of previous owner
Many taxpayers miss these, triggering IT notices
4️⃣ Foreign Assets and Income (FATCA / FBAR Compliance)
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Individuals, partnership firms, and companies holding foreign bank accounts, property, or financial interest must declare:
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Schedule FA in ITR
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Pay tax on foreign income in India
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Failure to report can lead to heavy penalties under Section 271
5️⃣ Agricultural Income
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Exempt from tax if sole source of income
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If combined with other income:
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Add to total income for slab calculation (Section 10(1))
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Documentation: proof of agricultural land, crop sale receipts, etc.
6️⃣ Dividend Income and Interest Income
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Dividend income (domestic): fully taxable in hands of investor from FY 2020–21
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Interest from fixed deposits / savings: taxable under ‘Income from Other Sources’
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TDS deducted under 194A must be reconciled with Form 26AS
7️⃣ Business/Professional Income – Niche Provisions
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Presumptive taxation under Section 44ADA for professionals (e.g., doctors, lawyers, architects) up to ₹50 lakh turnover
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Section 44AE for goods carriages / transport businesses
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Section 44AD for small business turnover up to ₹2 crore
These schemes simplify accounting but have limitations on deductions.
8️⃣ MAT / AMT (For Companies & Firms)
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Minimum Alternate Tax (MAT) applicable to companies under Section 115JB
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Alternative Minimum Tax (AMT) applicable to specified persons under Section 115JC
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Ensures minimum tax is paid even if profits are adjusted by exemptions
9️⃣ Advance Tax & Quarterly Installments – Detailed
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Individuals & businesses must pay advance tax if tax liability exceeds ₹10,000
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Installments: 15% by 15 June, 45% by 15 Sept, 75% by 15 Dec, 100% by 15 Mar
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Late payment attracts interest under Sections 234B, 234C
🔟 Income Tax Notices & Rectifications
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Common notices:
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Mismatch of TDS / Form 26AS
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Non-filing or late filing
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Under-reporting of income
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Rectification can be done under Section 154
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Important to maintain all proofs to respond to notice
1️⃣1️⃣ Digital Compliance & e-Filing Tips
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Use pre-filled ITR forms to minimize errors
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Upload all supporting documents digitally (Form 16, Form 16A, rent receipts, loan statements)
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Keep soft copies for 6 years for audit and scrutiny
1️⃣2️⃣ Advisory Draft – Advanced Income Tax Filing
To: [Client Name]
Date: __________
Subject: Advisory on Comprehensive Income Tax Filing – Advanced Compliance
Dear [Client Name],
This advisory provides guidance for complete and accurate income tax filing for FY [20XX–XX], covering salary, business, partnership, capital gains, foreign income, and other sources.
Recommended Actions:
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Collect all income proofs: salary slips, Form 16/16A, bank statements, rental income, capital gains statements.
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Reconcile TDS, GST, and Form 26AS to avoid mismatch notices.
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Include income from foreign assets, agricultural income, dividends, interest, and other sources.
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Claim all eligible deductions under Chapter VI-A.
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Ensure correct reporting of partnership or business profits, including presumptive taxation schemes.
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Pay advance/self-assessment tax if applicable.
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File ITR online via e-Filing portal and verify within 120 days.
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Maintain digital and physical copies of all documents, proofs, and ITR acknowledgments for at least 6 years.
Benefits: Legal compliance, minimized tax liability, avoidance of penalties, and smooth future audits or loans.
Warm regards,
[Consultant Name]
[Designation / Organization]