Partnership Firm Tax Return Filing

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Partnership Firm Tax Return Filing

Income Tax Return Filing for Partnership Firms in India

Ensure timely and accurate ITR filing for your partnership firm with expert guidance on ITR-5, audits, capital accounts, and compliance. Tax Pal Solutions simplifies the entire process.

Key Benefits:

  • Filing Support for ITR-5 Form
  • Capital Account & Profit Distribution Review
  • Bookkeeping & Statutory Audit Assistance
  • Full Compliance with Income Tax Act, 1961
  • Dedicated Assistance from Experienced Tax Experts

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Overview

What is a Partnership Firm Tax Return Filing?

Partnership firm tax return filing refers to submitting ITR-5 to the Income Tax Department of India. Filing is mandatory for both registered and unregistered firms, even if there is no profit. Filing ensures:

  • Compliance with the Income Tax Act, 1961
  • Carry forward of losses
  • Eligibility for refunds
  • Proper financial documentation

Types of Partnership Firms:

  1. Registered Partnership Firm – Registered under Indian Partnership Act, 1932, with a registration certificate.
  2. Unregistered Partnership Firm – Operates without registration.

Partners must maintain accurate records, act in the firm’s best interest, and understand profit-sharing tax implications.

Tax Obligations for Partnership Firms

Tax Component Rate / Details
Flat Tax on Profits 30%
Surcharge (Income > ₹1 Cr) 12%
Health & Education Cess 4%
Basic Exemption Limit Not Applicable

Why File Even with Nil Income:

  • Legal obligation for all partnership firms
  • Electronic filing is mandatory (ITR-5)
  • Carry forward losses for future years
  • Avoid penalties (Section 234F, Section 234A)
  • Proof for loans, tenders, visa applications
  • Claim refunds for TDS

Applicable ITR Forms

Form Usage
ITR-5 Main form for partnership firms, LLPs, AOPs, BOIs, AJPs, etc.
ITR-4 (Sugam) Optional for partnership firms under presumptive taxation (income ≤ ₹50 lakh, no audit required)

Filing Due Dates (AY 2025-26)

Partnership Firm Category ITR-5 Filing Tax Audit Report Filing
Not required to be audited 15 Sep 2025 N/A
Required to be audited 31 Oct 2025 30 Sep 2025
Requiring Transfer Pricing Report (Form 3CEB) 30 Nov 2025 31 Oct 2025
Belated/Revised Return 31 Dec 2025 -
Updated Return (ITR-U) 31 Mar 2030 -

Penalties for Non-Filing

Consequence Details
Late Filing Fee (Section 234F) ₹1,000 (Income ≤ ₹5 lakh), ₹5,000 (after due date), ₹10,000 (after Dec 31)
Interest on Late Payment (Section 234A) 1% per month on unpaid tax
Loss of Carry Forward of Losses Cannot offset losses in future
Prosecution & Legal Action 3 months–7 years imprisonment for tax evasion > ₹25 lakh
Penalty for Concealment (Section 270A) 50%–200% of tax evaded

Documents Required

Core Documents:

  • Partnership Deed, Registration Certificate, Udyam/GST Certificates
  • Profit & Loss Account, Balance Sheet, Trading Account
  • Bank Statements, Ledgers, Capital Accounts
  • TDS Certificates, Form 26AS / AIS / TIS

If Tax Audit Applicable:

  • Tax Audit Report (Form 3CB/3CD)
  • Detailed books of accounts, vouchers, trial balance

Filing Process Online

  1. Login – Income Tax e-Filing Portal
  2. Select ITR Form – ITR-5 for partnership firms
  3. Fill Form – General Info, Balance Sheet, P&L, Schedules
  4. Review & Validate – Correct errors using portal validation
  5. Verify Return – Using DSC or EVC
  6. Submit & Download Acknowledgement (ITR-V)
  7. Send Signed Copy (if required)

Deductions and Allowances

  • Salary and interest paid to partners (Section 40(b))
  • Business expenses: rent, repairs, salaries, loans, utilities, advertising, legal fees, depreciation
  • AMT applies if deductions claimed under Section 115JC exceed ₹20 lakh

Tax Audit

Compulsory If:

  • Business turnover > ₹1 crore
  • Professional gross receipts > ₹50 lakh

Audit Process:

  • Verification of transactions and financial statements
  • Compliance check
  • Tax Audit Report (Form 3CA/3CB and 3CD) submission

ITR Status Tracking

Without Login:

  • Use acknowledgement number & OTP on e-Filing portal

With Login:

  • Navigate e-File → View Filed Returns
  • Download ITR-V, view status, and track e-Verification

Income Tax Notices

  • Notices may request clarifications or document submission
  • Verify details, identify reason, gather documents
  • Respond within deadlines or seek professional guidance