ITR Filing · Partnership Firms

    ITR Filing for Partnership Firms

    Partnership firms (registered or unregistered) file ITR-5. Firm income is taxed at 30% flat plus surcharge and cess. Partner remuneration is deductible under Section 40(b) subject to book-profit limits; interest on partner capital is deductible up to 12% simple.

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    Key takeaways
    • Correct form: ITR-5
    • Regime: Firm taxed at 30% flat + surcharge; partner remuneration deductible under Section 40(b).
    • Reconcile AIS + 26AS before filing to avoid 143(1)(a) intimations.
    • Aadhaar OTP e-verification the same day.
    • Free notice defence within 12 months of filing.

    Definition

    44ADA

    Presumptive scheme for notified professionals — declare 50% of gross receipts up to ₹75L as profit; no books, no audit.

    Definition

    44AD

    Presumptive scheme for eligible businesses — 6% profit on digital turnover, 8% on cash; up to ₹3 Cr turnover.

    Definition

    Section 44AB

    Tax audit provision — mandatory audit when turnover / receipts cross specified thresholds or presumptive scheme opted out below.

    Typical income mix for partnership firms

    • Business turnover
    • Partner remuneration expense (Section 40(b))
    • Interest on partner capital (12% cap)
    • Firm profit share to partners (exempt in partners' hands under 10(2A))
    • Capital gains on firm assets

    Deductions available

    • Section 40(b) — partner remuneration limits
    • Section 40(b)(iv) — 12% interest on capital
    • Actual business expenses
    • Depreciation on firm assets
    • Section 80JJAA — new employee salary

    Documents required

    • Partnership deed
    • Audited firm P&L, balance sheet
    • Partner remuneration & interest working (40(b))
    • Bank statements
    • GST returns
    • Tax audit report (if applicable)

    Common mistakes to avoid

    • Exceeding 40(b) remuneration limits — disallowance
    • Not deducting TDS on partner remuneration (Section 192, 194T from 2025)
    • Missing tax audit above ₹1 Cr
    • Reporting profit share as taxable in partners' ITR (it is exempt)
    • Not filing Form 3CB-3CD for tax audit

    Worked example

    A Surat trading firm with ₹6 Cr turnover files ITR-5, deducts ₹48L partner remuneration within 40(b) limits and pays ₹1.28 Cr tax after audit.

    Partnership Firms — filing snapshot

    ItemDetail
    Recommended formITR-5
    Regime guidanceFirm taxed at 30% flat + surcharge; partner remuneration deductible under Section 40(b).
    Presumptive availableDepends on income mix
    Audit triggerAbove threshold or below deemed profit
    Taxpex turnaround24–72 hours

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    Last Updated
    15 September 2026

    Content refreshed against the latest CBIC / CBDT / MCA notifications and portal changes.

    Reviewed by Chartered Accountant
    CA Ravi Sharma

    Chartered Accountant · ICAI Member · 12+ years in Indian tax & compliance

    Update History
    1. 15 September 2026
      Reviewed rates, forms and portal workflow for ITR Filing for Partnership Firms. Verified against latest CBIC/CBDT notifications.
    2. 10 January 2026
      Refreshed FAQ set, added new penalty examples and jurisdiction notes.
    3. 05 October 2025
      Structural rewrite for EEAT — added expert commentary, playbooks and process timeline.