ITR
Partner receiving salary and interest from a firm
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Facts
Remuneration and interest received by a partner from the firm are taxed as business income in the partner's hands. So a partner who wants the old regime generally needs to file Form 10-IEA. The firm itself is not eligible for this choice.
Provisions and law
- Sec 115BAC (now Sec 202)New regime is the default; business filers opt out with Form 10-IEA by the Sec 139(1) due date
- Sec 44AB (now Sec 63)Tax audit where turnover or receipts cross the limits
Analysis
Because the partner's share of remuneration and interest falls under profits and gains of business, Form 10-IEA applies if the old regime is wanted. If the firm is audited, the partner's due date may also follow the audit due date, extended to 21 November 2026 for AY 2026-27; check this for your case. The share of profit from the firm is exempt in the partner's hands. File ITR-3 and quote the form details.
Conclusion
- Confirm remuneration and interest from the firm.
- Check your applicable due date.
- File Form 10-IEA if choosing the old regime.
- File ITR-3 with the firm details.
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