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 |
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35(e)(iii) Need help with this? Talk to S T L R & Co → |
Remuneration |
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35(e)(iv) |
Interest Need help with this? Talk to S T L R & Co → |
- 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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