Aarthik salakhar

Partnership Firm Compliances

Partnership firms in India have fewer compliance requirements compared to companies, but still need to follow certain regulations to ensure legal and transparent operations.

₹ 4000/- (Excluding government fees)

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Partnership Firm Compliances Details

Registration and Changes:

  • Partnership Deed Registration: While not mandatory in all states, registering the partnership deed with the Registrar of Firms (RoF) is advisable for legal recognition and dispute resolution.
  • Intimation of Changes: Any changes to the partnership deed (e.g., new partners, profit-sharing ratios) should be intimated to the RoF within a specific timeframe (varies by state).

Tax Filings:

  • Income Tax Return (ITR): Partnership firms file ITR-5, reporting their total income and paying tax at the applicable partnership firm tax rate (currently 30%).
  • Tax Audit (if applicable): If the partnership firm’s total income exceeds Rs. 40 lakh in a financial year, a tax audit by a chartered accountant is mandatory.

Other Compliances (may be applicable depending on the situation):

  • GST Registration and Filing (if applicable): Similar to companies, partnership firms with a turnover exceeding Rs. 40 lakh per year must register for GST and file regular GST returns.
  • TDS (Tax Deducted at Source) Filing: If the partnership firm deducts tax at source (TDS) on specific payments exceeding prescribed limits (e.g., rent, professional fees), they need to file TDS returns.
  • Maintaining Books of Accounts: While not mandated by law, it’s highly recommended for partnership firms to maintain proper books of accounts for their financial records and tax purposes.

Additional Considerations:

  • PAN Card: Obtaining a Permanent Account Number (PAN) is necessary for the partnership firm to file tax returns and conduct certain financial transactions.
  • Bank Account: Having a dedicated bank account for the partnership firm’s business transactions is advisable for better record-keeping and financial management.

Consequences of Non-Compliance:

Failing to meet these compliances can lead to penalties imposed by the Income Tax Department or the GST authorities. These penalties can be monetary and may also lead to delays in processing future filings.

FAQs

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A Partnership Firm is a business entity formed by two or more persons (partners) who agree to share profits and losses as per the terms of a partnership deed.

Registration of a Partnership Firm is optional under the Indian Partnership Act, 1932.However, it is recommended for legal recognition and to avail benefits such as filing lawsuits against third parties.

A Partnership Deed is a written document that outlines the terms and conditions of the partnership, including details such as profit-sharing ratio, capital contributions, duties and responsibilities of partners, etc.

GST registration is mandatory for a Partnership Firm if its aggregate turnover exceedsthe prescribed threshold limit under the GST Act, which varies based on the type of business and location.

Yes, a Partnership Firm can be converted into a Limited Liability Partnership (LLP), Private Limited Company, or any other form permitted under the applicable laws, subject to compliance with procedures and approvals.

Non-compliance with statutory requirements by a Partnership Firm may lead to penalties, fines, or legal actions. These penalties can vary based on the nature and severity of the non-compliance.

Yes, a Partnership Firm can change its name or address by making necessary amendments to the Partnership Deed and informing the concerned authorities, including the Registrar of Firms.

To ensure compliance, a Partnership Firm should maintain proper records, adhere to the terms of the Partnership Deed, file taxes on time, obtain necessary registrations, and stay updated with changes in laws affecting partnerships.

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