PARTNERSHIP

Major Compliance for Partnership

Partnership firm compliance mainly includes filing of income tax return. Partnership firms having annual turnover of over Rs.100 lakhs are also required to obtain a tax audit.
In addition to the basic compliance, partnership firms may also be required to comply with TDS regulations, GST regulations, VAT / CST regulations, Service Tax regulations, ESI regulations and others. The compliance requirement for a business would vary based on the type of entity, industry, state of incorporation, number of employees and sales turnover.

Compliance Partnership firm – Forms and Documentation

Partnership is simple to form and manage compared to company and LLP. However, there are requirement of filing various forms in case of change in address, addition / removal of partner, change in firm name or business place etc.

Common compliances required under the Act

  • Registration of firm in Form I with a time limit of 1 year.
  • Change in Firm Name or Principal Place or Nature of Business in Form II with a time limit of 90 days.
  • Closing and Opening of Branches in Form III with a time limit of 90 days
  • Change in Name/Address of Partner in Form IV with a time limit of 90 days.
  • Change in Constitution or Dissolution in Form V with a time limit of 90 days.
  • When a minor becomes major and elects to become or not to become a partner in Form VI with a time limit of 90 days.

Major Compliance for a Partnership Firm

GST Filing
Under the GST regime proposed to be rolled out in 2017, partnership firms having GST registration would be needed to file monthly, quarterly and annual GST returns

ESI Return
ESI return must be filed by all partnership firms having ESI registration. ESI registration is needed once the partnership firm employs over 10 employees.

TDS Filing
Quarterly TDS returns must be filed by partnership firms that have TAN and are needed to deduct tax at source as per TDS rules.

TAX AUDIT FOR PARTNERSHIP FIRM

Although no compulsory audit is provided by the Indian Partnership Act, 1932 but in practice most of the partnership firm get their accounts audited. As per the Income Tax Act, 1961, Audit Requirement for Partnership Firms Partnership Firms Are required to get their accounts audited if they meet any criteria listed below:

  • Carrying on business and total sales exceed Rs.1 crore in the previous year.
  • Carrying on a profession and gross receipts in profession exceed Rs.50 lakhs in any previous year.