According to section 4 of the Partnership Act of 1932,”Partnership is defined as the relation between two or more persons who have agreed to share the profits of a business run by all or any one of them acting for all”
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According to section 4 of the Partnership Act of 1932,”Partnership is defined as the relation between two or more persons who have agreed to share the profits of a business run by all or any one of them acting for all”
Number of Partners:
The minimum number of partners is 2 and there is no limit of maximum partners under Partnership Act 1932. However, section 464 of Companies Act 2013, and Rule 10 of Companies (Miscellaneous) Rules, 2014 prohibits partnership consisting of more than 50 for any businesses, unless it is required to get registered as a company under Companies Act, 2013.
Partnership deeds should be in written.
General Details:
Registration of partnership firm is optional and at the discretion of the partners.
An application form along with fees is to be submitted to Registrar of Firms of the State in which firm is situated.
-Certified application form
-Signed partnership Deed
-Rent Agreement/ Allotment letter for proof of address of principle place of
Business
Income tax at the rate of 30% of total income( surcharge 12% if income exceeds 1cr) & 4% cess is applicable.
In addition to the above, interest paid to partners is in accordance with the terms of the partnership deed should not exceed 12% per annum. Also, remuneration paid to partners should be in accordance with the terms of the partnership deed and should not exceeds the following permissible limit:
(as per section 40(b) of Income tax Act 1961)
Partnership firms are required to file an income tax returns in form ITR 5.
The income tax return due date for most partnership firms is July 31 of the assessment year, if audit then 30th September.
Partnership firms that conform to any of the conditions below would be required to get the accounts audited:
If a partnership firm entered into international transactions or specified domestic transactions a report must be furnished in Form No. 3CEB under section 92E. For partnership firms required to furnish Form 3CEB, the deadline for filing a tax return is 30th November.
*Obtain a report from an accountant and furnish such a report under form 3CEB and get certified by CA.