TDS - Partner Salary, Income Tax

[Ethirajan Parthasarathy]

Section 194T of Income Tax mandates for TDS @ 10% on Salary etc. paid to a partner.

As per sec.28(v), salary paid to partner is taxed under business head only to the extent of what is allowed as deduction in the hands of partnership firm.

In one practical case, salary paid to partner is 6 lakh while nothing is allowable in the hands of firm since their only source of income is rental income and there is no business income.

If TDS is done, both partner and firm will be paying tax on the same amount.

Request experts to give their views how to go about in the given circumstances