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Issue ID: 116204
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Partners Share of Profit

Date 14 Apr 2020
Replies 5 Replies
Views 16138 Views
Partners' share of profit not a taxable supply under GST as it is profit distribution, not supply of goods or services.
Partners' share of profit is generally not a taxable supply under GST because it is a distribution of profit, not consideration for supply. The discussion notes prevailing departmental FAQs and rulings supporting non-taxability, while acknowledging alternative characterisations-such as actionable claim treatment or deeming fiction creating employer-employee status-that have produced conflicting AAR decisions. Factual structure and documentation determine the final GST treatment. (AI Summary)

Whether Partners Share of Profit liable to GST?

Whether share of profit would faill within the ambit of salary just like the Commission paid to Whole Time/ Managing Directors as Companies Act.

Regarding the Partner's salary same would fall under Schedule III clarified vide FAQ Point No- 58 and Interest on Capital is exempted by virtue of Notification No- 12/2017 Central Tax Rate dated 28.06.2017

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