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Partnership Firm Taxation Under ITA 2025: Flat 30%, Partner Salary & Interest Guide

Partnership firm taxation under ITA 2025 — flat 30%, partner salary within book profit limits, interest 12% max, partner share exempt Section 86, registered vs unregistered, LLP co...

Vikas Sharma Tax & Compliance Expert
4 min read 146 views Updated Aug 21, 2026
Expert Reviewed High Complexity
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Last updated: August 2026Verified against: Government sources
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Partnership firm taxation under ITA 2025 — flat 30%, partner salary within book profit limits, interest 12% max, partner share exempt Section 86, registered vs unregistered, LLP comparison.

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Legal Reference
Section 2(31) (firm definition), Section 40(b) equivalent (partner salary/interest limits), Section 86 (partner share of profit exempt), ITA 2025 | Flat 30% on firm income | Partner salary within limits deductible | Corresponds to Sections 184-189 of ITA 1961

1. How Firms Are Taxed

Partnership firms (both registered and unregistered) are taxed as separate entities under ITA 2025 at a flat rate of 30% (plus 4% cess = 31.2%). This is different from LLPs (also 30%) and companies (22-25%). The firm files ITR-5 separately from partners. Partners then receive their share of profit — which is exempt in their hands (to avoid double taxation).

2. Partner Salary: Deductible with Limits

A registered partnership firm can pay remuneration (salary, bonus, commission) to working partners — deductible from firm income subject to limits:

Book Profit SlabMaximum Deductible Partner Salary
First Rs 3,00,000 of book profit (or loss)Rs 1,50,000 or 90% of book profit — whichever is higher
Balance book profit above Rs 3,00,00060% of remaining book profit

3. Partner Interest: Maximum 12% per Annum

Interest paid to partners on their capital contributions is deductible from firm income — but only up to 12% per annum. Any excess interest is disallowed and not deductible. Partners include the interest received in their individual income (as "income from firm").

4. Partners Taxation

  • Share of firm profits: FULLY EXEMPT in partner hands under Section 86 — no double taxation
  • Salary from firm: Taxable as salary in partner hands — but deductible for the firm
  • Interest from firm: Taxable as business income in partner hands — but deductible (up to 12%) for firm
  • Capital gains on sale of firm interest: Taxable as capital gains in partner hands

5. Registered vs Unregistered Firm

FeatureRegistered FirmUnregistered Firm
Partner salary deductionAllowed (within limits)NOT allowed — full disallowance
Tax rate30%30%
Ability to sue partners/third partiesYesLimited

6. LLP vs Partnership Firm

LLPs (Limited Liability Partnerships) are taxed similarly to partnership firms at 30%. However, LLP partners have limited liability — personal assets are not at risk for LLP debts. LLP partner remuneration limits are the same as for firms. LLPs are often preferred over traditional partnership firms for professional services due to the liability protection.

7. Why TaxClue

Partner salary within prescribed limits, firm ITR-5 filing, and partner individual ITR coordination require precision. TaxClue handles firm taxation and partner ITR filing together. Contact us under ITA 2025.

Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.

Key Facts About Partnership Firm Taxation Under

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How is a partnership firm taxed?

A partnership firm is taxed as a separate entity at a flat 30% plus 4% cess on its total income under ITA 2025. The firm files ITR-5. Partner remuneration (salary/bonus) to working partners is deductible within prescribed limits. Interest to partners on capital is deductible up to 12% p.a. The net taxable profit after these deductions is taxed at 30%. Partners receive their share of profits — which is exempt in their individual hands under Section 86.

What are the partner salary limits?

A registered firm can deduct partner remuneration from firm income within limits: on the first Rs 3 lakh of book profit (or if there is a book loss), Rs 1,50,000 or 90% of book profit — whichever is higher; on balance book profit above Rs 3 lakh, 60% of the remaining book profit. Unregistered firms cannot deduct partner salary at all — the disallowance is complete. Excess salary paid beyond limits is disallowed even for registered firms.

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

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Partnership Firm Taxation Under: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
How is a partnership firm taxed?
A partnership firm is taxed as a separate entity at a flat 30% plus 4% cess on its total income under ITA 2025. The firm files ITR-5. Partner remuneration (salary/bonus) to working partners is deductible within prescribed limits. Interest to partners on capital is deductible up to 12% p.a. The net taxable profit after these deductions is taxed at 30%. Partners receive their share of profits — which is exempt in their individual hands under Section 86.
What are the partner salary limits?
A registered firm can deduct partner remuneration from firm income within limits: on the first Rs 3 lakh of book profit (or if there is a book loss), Rs 1,50,000 or 90% of book profit — whichever is higher; on balance book profit above Rs 3 lakh, 60% of the remaining book profit. Unregistered firms cannot deduct partner salary at all — the disallowance is complete. Excess salary paid beyond limits is disallowed even for registered firms.
Is a partner share of profit taxable?
No. A partner share of profit from a registered firm is fully exempt from tax in the partner hands under Section 86 of ITA 2025. This prevents double taxation — the firm has already paid 30% on its profits before distribution. However, salary received from the firm and interest on capital are taxable in the partner hands (as salary and business income respectively). Capital gains on sale of firm interest are also taxable as capital gains.
What is the maximum interest a firm can pay partners?
Under ITA 2025, interest paid to partners on their capital and loan accounts is deductible from firm income only up to 12% per annum. Any interest paid above 12% is disallowed. Partners must include the interest received in their individual income. The 12% limit applies per the deed — if the partnership deed specifies interest above 12%, only 12% is deductible. Interest is computed on the opening balance of the partner capital account.
What is the difference between a registered and unregistered firm for tax?
The key tax difference: a registered firm (registered with the Registrar of Firms) can deduct partner remuneration within prescribed limits. An unregistered firm cannot deduct any partner remuneration — the entire salary/bonus paid to partners is disallowed as a deduction. Both pay tax at 30%. For this reason, virtually all partnership firms dealing with significant business should be registered to claim the partner salary deduction.
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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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