Compliance-Partnership Compliance

Overview

Managing a Partnership Firm in India comes with significant financial and legal obligations. Adherence to diverse tax and regulatory requirements is essential to ensure the seamless operation and expansion of your business. These responsibilities include filing Income Tax Returns, TDS Returns, GST Returns, EPF Returns, and, on occasion, undergoing a Tax Audit.

What is a partnership firm compliance?

Starting a business in India is often accomplished through a Partnership firm. These firms, like LLPs and registered Companies, must maintain compliance. The regulations for Partnership firms are governed by the Partnership Act of 1932. Beyond basic compliance, they may also need to adhere to TDS, GST, ESI, and other regulations. Compliance requirements can vary depending on factors such as entity type, industry, state of incorporation, employee count, and sales turnover. Partnership firms must adhere to:

• Monthly or Quarterly GST Return filing (if registered under Goods & Services tax).
• Monthly TDS payment and Quarterly TDS return submission.
• Monthly ESI and EPF return filing.
• Income Tax Return (ITR) submission for the Partnership firm.
• Income Tax Return (ITR) filing for individual Partners.
• Audit Report certified by a Chartered Accountant.

Benefit

The benefits of timely compliance for Partnership Firms

Legal Credibility: Timely compliance establishes a favorable track record for Partnership Firms within the legal framework.

Penalty Avoidance::Avoiding hefty penalties and stringent consequences through consistent adherence to regulations.

Enhanced Borrowing Opportunities: Partnership Firms with a history of regular compliance find it easier to secure loans and financial support.

Expedited Approvals: Swift approval processes for new ventures, including Joint Ventures with foreign entities, thanks to a clean legal image.

Taxation Benefits: Partners can avoid personal tax implications and the burdens of heavy income tax penalties and inquiries.

Tax & Process

Income Taxation for Partnership Firms:

Income Tax Rate: Partnership firms are subject to an income tax rate of 30% on their taxable income.

Surcharges: When the partnership firm's taxable income exceeds one crore rupees, an additional surcharge of 12% is applicable on top of the income tax.

Interest Deduction: Partnership firms can claim a deduction of up to 12% on the interest paid on capital.

Health and Education Cess: A 4% Health and Education Cess is imposed on the total tax amount, including surcharges.

Marginal Relief: If the net income surpasses 1 crore, the income tax and surcharge payable cannot exceed the total tax amount on a total income of 1 crore by more than the income exceeding 1 crore.

Documents Required

• Invoices for sales and purchases during the financial year.
• Invoices for expenses incurred during the financial year.
• Bank statements for partners' bank accounts.
• Copies of filed TDS returns.
• Copies of filed GST returns.

Procedure

Obtaining of PAN and TAN:After completing the firm's registration process, a Partnership firm must obtain a Permanent Account Number (PAN) and a Tax Deduction Account Number from the Income Tax Department.

Income Tax Filing: Regardless of revenue or loss, Partnership firms must file an Income Tax Return (ITR) at a fixed rate of 30%, with an additional surcharge on income tax.

Tax Audit: Partnership Firms with an annual turnover exceeding Rs. 100 lakhs are mandated to undergo a tax audit.

GST Compliance: GST registration is required for firms with an annual turnover exceeding Rs. 40 lakhs (Rs. 20 lakhs for North Eastern states). Certain businesses, such as Export-Import, E-commerce, and Market Place Aggregator, must mandatorily register for GST.Following GST registration, firms must regularly file monthly, quarterly, and annual GST returns.

TDS Compliance: Partnership firms with a Tax Deduction Account Number (TAN) must file quarterly TDS returns as per TDS rules.

ESI Registration: Partnership firms with ESI registration must file ESI returns, which is mandatory.

FAQ's