Partner income exemption: partner's share of firm income is exempt, but partner remuneration and interest remain taxable. Partners' share of the total income of the firm is exempt in the partner's hands because the firm is taxed as a separate entity; partners cannot set off their share of firm losses against personal income. Remuneration and interest paid to partners are taxable in the partner's hands if paid under the prescribed deductibility conditions, but if such amounts are disallowed in the firm's assessment the firm bears tax and the exemption for partners' share will operate regarding amounts actually received by the partner.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Partner income exemption: partner's share of firm income is exempt, but partner remuneration and interest remain taxable.
Partners' share of the total income of the firm is exempt in the partner's hands because the firm is taxed as a separate entity; partners cannot set off their share of firm losses against personal income. Remuneration and interest paid to partners are taxable in the partner's hands if paid under the prescribed deductibility conditions, but if such amounts are disallowed in the firm's assessment the firm bears tax and the exemption for partners' share will operate regarding amounts actually received by the partner.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.