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New Income tax section for Partnership Deed and LLP as per Income Tax Act,2025

By S T L R & Co · 27 May 2026

Income Tax

New Income tax section for Partnership Deed and LLP as per Income Tax Act,2025

S T L R & Co 27 May 2026 1 min read

New Income tax section for Partnership Deed and LLP

 Section 35(e) — Partner Remuneration & Interest

(Replaces Section 40(b) of the old Act)

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Section

Matter

35(e)(iii)

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Remuneration

35(e)(iv)

Interest

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  • Deduction allowed only for working partners whose payments are authorised in the deed
  • Revised remuneration limits: ₹3,00,000 or 90% of first ₹6,00,000 of book profit (Whichever is higher), then 60% of balance book Profit
  • Interest cap: 12% simple interest p.a. on capital
  • Sleeping/non-working partners get zero deduction for remuneration.
  • Retrospective deed changes don't validate past payments

 Section 325 — Assessment as a Firm

(Replaces Section 184 of the old Act)

  • Firm must have a written instrument with individual shares specified
  • Certified copy of deed must accompany the first ITR seeking firm assessment
  • Any change in constitution requires filing a revised certified deed
  • Non-compliance triggers Section 326 — full disallowance of all partner payments at firm level AND non-taxability in partners' hands

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