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Issue ID: 118654
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Consultancy Fees to doctors from firm - treatment

Date 19 Jul 2023
Replies 3 Replies
Views 4613 Views
Asked by
Treatment of consultancy fees to partners: such payments are treated with partner remuneration limits and tax restrictiveness.
A partnership of doctors paid consultancy fees to partner-doctors in addition to remuneration; while one view treats such consultancy as separate professional earnings, the prevailing judicial reasoning treats consultancy fees and remuneration together under the statutory ceiling on partner payments and holds that partners cannot be characterised as external experts to avoid statutory restrictions on firm expenditure. (AI Summary)

Dear Experts,

A partnership firm (all the partners are doctors) runs a hospital, and paid consultancy fee to partners for their services in the hospital; this consultancy fee is paid apart from allowable remuneration under the income tax act. Is this allowed in the income tax act?

Please refer to any case law, if possible.

Thanks in advance

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