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| + | ====== Section 194T: TDS on partner pay by firms and LLPs - guide 2026 ====== | ||
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| + | <WRAP info> | ||
| + | **Quick Reply:** From 1 April 2025, every partnership firm and LLP must deduct **10% TDS under Section 194T** on salary, remuneration, | ||
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| + | Section 194T of the Income-tax Act, 1961 is a brand-new TDS provision that forces firms to deduct tax at source on the money they pay their own partners. Until 31 March 2025 such payments carried no TDS at all. This guide explains the rate, the ₹20,000 threshold, what is covered, what is left out, and the exact compliance steps a small firm must follow. | ||
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| + | ===== What Section 194T is ===== | ||
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| + | Section 194T is a tax-deduction-at-source rule that applies to any partnership firm and any Limited Liability Partnership (LLP) when it pays a partner. The firm becomes the deductor, the partner is the deductee, and tax is withheld before the money reaches the partner. It applies to every firm and LLP, regardless of turnover or whether a tax audit applies. | ||
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| + | ===== Legal position ===== | ||
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| + | Section 194T was **inserted by the Finance (No. 2) Act, 2024** and takes effect from **1 April 2025** (financial year 2025-26, assessment year 2026-27). The administering authority is the **[[https:// | ||
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| + | The section reads, in substance: any firm paying a partner a sum in the nature of **salary, remuneration, | ||
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| + | ==== When the deduction is triggered ==== | ||
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| + | The firm must deduct TDS at the **earlier** of two events: | ||
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| + | - the time of **credit** of the sum to the partner' | ||
| + | - the time of actual **payment**. | ||
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| + | So even a year-end book entry crediting interest or remuneration to a partner' | ||
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| + | ===== What is NOT covered by Section 194T ===== | ||
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| + | * **Share of profit** distributed to partners. Profit share is **exempt under Section 10(2A)** of the Income-tax Act and is outside Section 194T. | ||
| + | * **Capital withdrawals / drawings.** Repayment or withdrawal of the partner' | ||
| + | * **Payments below the threshold.** If the total of salary, remuneration, | ||
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| + | <WRAP center round info 100%> | ||
| + | **Section 194T at a glance** \\ | ||
| + | ① **Rate** 10% (20% if partner has no PAN, under Section 206AA) \\ | ||
| + | ② **Threshold** ₹20,000 aggregate per partner per financial year \\ | ||
| + | ③ **Covered** salary, remuneration, | ||
| + | ④ **Excluded** profit share under 10(2A) and capital drawings | ||
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| + | ===== Step-by-step compliance for the firm ===== | ||
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| + | - **Get a TAN.** A firm deducting TDS must hold a Tax Deduction and Collection Account Number. If your firm does not have one, see [[https:// | ||
| + | - **Collect each partner' | ||
| + | - **Track the running total per partner.** Add up salary, remuneration, | ||
| + | - **Deduct 10%** the moment the running total crosses ₹20,000, at credit or payment, whichever is earlier. | ||
| + | - **Deposit the TDS** to the government, generally by the 7th of the next month (by 30 April for sums credited in March). | ||
| + | - **File the quarterly TDS return (Form 26Q)** and issue **Form 16A** to each partner. | ||
| + | - The partner then claims the credit in their own return after checking Form 26AS / AIS. | ||
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| + | ===== Common mistakes ===== | ||
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| + | * **Treating profit share as covered.** Profit share is exempt under §10(2A) and must not be subjected to 194T. | ||
| + | * **Deducting on drawings.** Withdrawing one's own capital is not a 194T payment. | ||
| + | * **Ignoring book entries.** A year-end credit to the capital account triggers TDS under §194T even with no cash payout. | ||
| + | * **Forgetting the per-partner test.** The ₹20,000 limit is checked partner-by-partner, | ||
| + | * **No PAN on file.** Missing PAN means 20% TDS under §206AA, regardless of amount. | ||
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| + | ===== Real-life example ===== | ||
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| + | A small Pune consultancy LLP pays partner **Dr. Shrawan Kumar Pathak** ₹80,000 a month as remuneration plus ₹1,20,000 a year as interest on his capital. For FY 2025-26 his covered payments total ₹10, | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== What is the TDS rate under Section 194T? ==== | ||
| + | The rate is **10%**. If the partner has not given a valid PAN, Section 206AA raises it to **20%**, applied regardless of the payment amount. | ||
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| + | ==== From which date does Section 194T apply? ==== | ||
| + | It applies from **1 April 2025**, that is financial year 2025-26. It was inserted by the Finance (No. 2) Act, 2024. Payments before that date carried no TDS under this section. | ||
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| + | ==== Is the partners' | ||
| + | No. Profit share is **exempt under Section 10(2A)** of the Income-tax Act and is not covered by Section 194T. Only salary, remuneration, | ||
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| + | ==== Is the ₹20,000 threshold per partner or for the whole firm? ==== | ||
| + | It is **per partner**. You add up all covered payments to each individual partner during the year. Once that partner' | ||
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| + | ==== Do small firms below the tax-audit limit also have to deduct? ==== | ||
| + | Yes. Section 194T has **no turnover or tax-audit precondition**. Every partnership firm and LLP making covered payments to partners must comply. | ||
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| + | ==== Does a year-end credit to the capital account attract TDS? ==== | ||
| + | Yes. TDS is due at **credit or payment, whichever is earlier**, and the section expressly includes credit to the **capital account**. A book entry alone can trigger the deduction. | ||
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| + | ===== Next steps and tools ===== | ||
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| + | * Draft an RTI or grievance about a TDS mismatch with the free [[https:// | ||
| + | * Apply for the firm's deductor number: [[https:// | ||
| + | * If your TDS credit is missing, see [[https:// | ||
| + | * Learn to assert your information rights with [[https:// | ||
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| + | ===== Sources ===== | ||
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| + | * [[https:// | ||
| + | * Finance (No. 2) Act, 2024 - new Section 194T, effective 1 April 2025. | ||
| + | * Income-tax Act, 1961, Section 10(2A) - exemption of partner' | ||
| + | * Income-tax Act, 1961, Section 206AA - 20% rate where PAN is not furnished. | ||
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