CA Final · Direct Tax Laws & International Taxation
Assessment of Various Entities: formula sheet
Key formulas
- Tax rate on firm or LLP
- Tax = 30% of total income + surcharge (12% if total income exceeds ₹1 crore) + 4% health and education cess
- Flat rate, with no slab or basic exemption limit. Marginal relief applies on surcharge near the ₹1 crore limit.
- Book profit
- Book profit = Net profit as per P&L (adjusted to business income rules) + partner remuneration debited
- Make all the business-income adjustments first, such as tax depreciation and disallowances. Then add back the full remuneration debited, whether or not it was authorised. Income not taxable as business income, such as capital gains, is not part of book profit.
- Maximum remuneration: book profit positive
- Book profit up to ₹6,00,000: cap = higher of ₹3,00,000 or 90% of book profit. Book profit above ₹6,00,000: cap = ₹5,40,000 + 60% of the excess over ₹6,00,000
- The 90% applies only to book profit up to ₹6,00,000, so the first-slab cap never exceeds ₹5,40,000. Above ₹6,00,000, add 60% of the excess to ₹5,40,000. Allowed remuneration is the lower of this cap and the amount authorised by the deed and actually debited.
- Maximum remuneration: book profit is a loss
- Cap = ₹3,00,000 or 90% of book profit, whichever is higher
- The cap is ₹3,00,000 when book profit is negative or below ₹3,33,333, and 90% of book profit when that is higher.
- Interest to partners
- Allowed interest = simple interest at up to 12% a year, as authorised by the deed, for the period after the deed
- Any rate above 12% is disallowed. Compound interest is not covered by the allowance.
- Business income of the firm
- Business income = Book profit − allowed remuneration
- This holds when interest has already been dealt with in arriving at book profit. Add other heads of income separately to get total income.
- Partner's taxation
- Partner's business income = allowed remuneration + allowed interest − expenses attributable to earning them; share of profit = exempt
- Expenses are deductible only up to the amount of interest and remuneration received.
- Indeterminate or unknown shares
- Tax = total income of AOP × MMR (or tax at normal slab rates, if higher) + surcharge, if any + 4% cess
- MMR means the highest slab rate for an individual, i.e. 30%. Add surcharge and cess as applicable.
- Determinate shares, no member with other income above the exemption limit
- Tax = tax on total income of AOP at normal slab rates + surcharge, if any + 4% cess
- Test each member's total income excluding his share from the AOP, against his own basic exemption limit.
- Determinate shares, any member above the exemption limit
- Tax = total income of AOP × MMR + surcharge, if any + 4% cess
- One such member is enough to trigger MMR on the whole income of the AOP.
- Member's share where AOP is taxed at slab rates
- Share of member in AOP income = exempt in member's hands
- This avoids double tax. It applies only to the share on which the AOP has paid tax.
- Member's share where AOP is taxed at MMR
- Exempt share = part of share relating to income taxed at a rate not exceeding the member's applicable rate; excess share = included in member's total income, with rebate
- The member's applicable rate decides how much of the share is exempt. The excess is taxed in his hands, and he gets a rebate for the tax paid by the AOP on it.
- Payments to members
- Interest, salary, bonus, commission or remuneration paid by AOP/BOI to a member = not deductible (appropriation of profit); add back if charged in the books
- The firm provisions that restrict such payments apply only to firms. They do not apply to an AOP or BOI.
- Domestic company, regular regime
- Tax = 30% × Total income (base rate); a lower 25% rate applies only where the company meets the turnover condition the Act sets for the year
- No surcharge if income is ₹1 crore or less. Surcharge is 7% of tax for income above ₹1 crore up to ₹10 crore and 12% above ₹10 crore. Then add 4% cess. Use 25% only if the question says the turnover condition is met or gives the rate. Otherwise use 30%.
- Domestic company, concessional regime
- Tax = 22% × Total income; surcharge 10% of tax; cess 4% of (tax + surcharge); effective rate 25.168%
- Surcharge is a flat 10% at every income level in this regime. Most incentive deductions are not available. Brought-forward losses and unabsorbed depreciation linked to the barred deductions (including additional depreciation) cannot be carried forward or set off. Brought-forward MAT credit cannot be set off. MAT does not apply. By contrast, the regular regime attracts no surcharge only when income is ₹1 crore or less.
- Foreign company
- Tax = 35% × Taxable income in India; plus surcharge (2% if income above ₹1 crore up to ₹10 crore, 5% above ₹10 crore); plus 4% cess
- Special rates for royalty, fees for technical services and similar income apply separately; follow the question. MAT applies to a foreign company that has a place of business in India or must register under the Companies Act. It is outside MAT where it has no place of business in India and need not register, or where a treaty bars MAT, as the provision for the year states.
- Book profit (MAT)
- Book profit = Net profit per statement of profit and loss + prescribed additions − prescribed deductions
- Additions include income-tax provision, reserves, provisions for unascertained liabilities, diminution in asset value, deferred tax and dividend provisions. Deductions include exempt income credited and the lower of (i) brought-forward loss (excluding unabsorbed depreciation) and (ii) unabsorbed depreciation, both as per books. If either is nil, nothing is deducted.
- MAT payable
- MAT = Rate × Book profit (use the rate given in the question), then surcharge and 4% cess
- Confirm the MAT rate in the question or the Finance Act, 2026 text. The worked example uses 15% only as a hypothetical illustration. Pay the higher of regular tax and MAT.
- MAT credit
- MAT credit = MAT − Regular tax (before cess), in the MAT year
- Carry forward for the period the Act allows for the year. Set-off = lower of available credit and (regular tax − MAT) in a later year.
- Minimum application
- Minimum application = 85% × income of the tax year (before application)
- Income is computed commercially, without claiming the exemption. Corpus donations received with specific direction are excluded from this income.
- Free accumulation
- Amount that can be left unapplied without notice = 15% × income
- Applying 85% means the other 15% can be left unapplied without notice or special investment. Only unapplied income above this 15% is taxable, unless accumulated by notice.
- Shortfall in application
- Shortfall = 85% × income − amount treated as applied
- If the shortfall is positive, it is taxable unless the trust accumulates it by notice and invests it in permitted modes. Equivalent check: taxable = unapplied income − 15% × income.
- Accumulation by notice
- Accumulation period ≤ 5 years, in permitted modes, with notice to the Assessing Officer
- Amounts not used within the period, or diverted, become taxable. Check the exact notice timing in your study material.
- Donation to another trust
- Treated as application = 85% × amount donated
- This applies only where the donee is a registered or approved trust or institution. It is not full application for the donor. A donation to an unregistered donee is not application.
- Registration validity
- Provisional = 3 years; Regular = 5 years
- Apply for the next registration or renewal well before expiry. Verify the periods and time limits in the Income-tax Act, 2025.
- Commercial receipts limit (general public utility)
- Business receipts incidental to object ≤ 20% of total receipts
- Above 20%, or if the business is not incidental, the object is not treated as charitable.
- Application outside India
- Allowed only for objects promoting international welfare in which India is interested, with Board approval
- Other foreign spending is not application.
- Exempt income of a political party
- Income from house property + income from other sources + capital gains + voluntary contributions = exempt, if all conditions are met
- Business or professional income is not covered. A party that fails any condition loses the exemption.
- Party condition 1: registration
- Party registered with the Election Commission under section 29A of the Representation of the People Act, 1951
- Unregistered bodies cannot claim this exemption. Income outside the four listed categories is taxable under normal rules.
- Party condition 2: books and audit
- Proper books and documents kept so that income can be properly deduced + accounts audited by an accountant if total income (without the exemption) exceeds the maximum amount not chargeable to tax
- The audit condition applies only when the party's total income, computed without the exemption, exceeds the maximum amount not chargeable to tax.
- Party condition 3: donation records
- Record of each voluntary contribution exceeding ₹20,000, with the name and address of the donor + report to the Election Commission under section 29C of the Representation of the People Act, 1951
- Contributions exceeding ₹20,000 need a named record.
- Party condition 4: cash limit
- No donation of ₹2,000 or more received otherwise than by account payee cheque, bank draft, electronic clearing system through a bank account or another permitted electronic mode (including electoral bond, where applicable)
- A donation of ₹2,000 or more received in cash, or in any mode other than banking or permitted electronic modes, breaks this condition. The party then gets no exemption.
- Party condition 5: return
- Return of income filed by the due date
- Even though income is exempt, the party must file the return on time.
- Electoral trust: exemption
- Voluntary contributions are exempt if the trust is approved and distributes at least 95% of the aggregate donations received during the tax year, as per the Electoral Trusts Scheme, to registered political parties in that year
- The balance can be kept for administrative expenses. Contributions must come through banking channels and follow the scheme. The base is the donations received in the year. A surplus brought forward is not added unless the Act and the scheme expressly provide for it.
- Electoral trust: minimum distribution
- Minimum distribution = 95% × aggregate donations received during the year
- Compare actual distribution with this figure. Shortfall means the condition fails.
- Pass-through rule (business trust)
- Interest / rent from directly held real estate: exempt in trust → taxable in unit holder in same nature. Dividend: same treatment only if the SPV has not opted for the concessional tax regime; if it has opted, dividend is taxed in the trust
- Taxable in the unit holder for the tax year in which it is paid or credited. Always check whether the SPV has opted for the concessional regime before treating dividend as pass-through.
- Pass-through rule (investment fund)
- All income of Cat I / II AIF other than business income → exempt in fund → taxable in unit holder in the same nature
- This covers interest, dividend, rent, capital gains and other non-business income. It is taxable in the unit holder whether or not it is distributed. Business income is taxed in the fund. Do not tax it again in the unit holder.
- Unit holder's share
- Unit holder's income = Pass-through income × (Units held ÷ Total units), by nature
- For a business trust, use the actual amount paid or credited to the holder. For an investment fund, use the holder's share of the fund's pass-through income, whether or not it is distributed.
- TDS on pass-through income
- Resident unit holder: 10% on business trust interest and rent, and 10% on investment fund income. Non-resident unit holder: rate specified in the Act for that nature of income (a concessional rate applies to certain SPV interest on specified conditions); investment fund income at rates in force
- The rate depends on the nature of income and residential status. TDS is deducted only on income actually paid or credited. For a non-resident, confirm the rate and its conditions from the Act instead of assuming a flat rate.
- Non-pass-through income
- Capital gains of a trust and business income of a fund → taxed in the vehicle at its applicable rates
- For a fund's business income, the unit holder is not taxed again. For a trust's capital gains, the distribution received by the unit holder is not taxed again.
- Losses
- Fund's business loss: carried forward in the fund, not allocated to unit holders
- Do not set off a fund's loss against a unit holder's income.
Quick revision
- Identify the entity first, because the rate and rules depend on it.
- Firm and LLP: partner remuneration and interest are deductible only within the stated limits and conditions.
- Always check that the partnership deed meets the conditions before allowing remuneration or interest.
- Partner's share of the firm's income is handled as the Act provides, so do not tax it twice in the partner's hands.
- AOP and BOI: check whether members' shares are determinate, as this can change the rate applied.
- Company: compare the regime options and check whether minimum alternate tax applies before concluding tax.
- Co-operative society: check which deductions are available and which rate regime is chosen.
- Trusts and institutions: registration and application of income are the core tests for exemption.
- Political parties and electoral trusts: exemption depends on meeting the stated conditions, including records and reporting.
- Business trusts and investment funds: identify the type of income and who is taxed on it, the trust or the holder.
- Compute step by step and show the conclusion in the last line of the answer.
Common mistakes
- Applying 60% to the whole book profit, or the 90% rule to the whole amount. Fix: Use the ₹6,00,000 first slab. Take ₹3,00,000 or 90% of book profit, whichever is higher. Apply 60% only to the excess over ₹6,00,000.
- Taking book profit as the P&L net profit without adjustments. Fix: Adjust the P&L to the business income rules first: tax depreciation instead of book depreciation, and the disallowances. Then add back the full remuneration debited.
- Applying slab rates whenever shares are given as a ratio. Fix: Always check each member's other income against his basic exemption limit before choosing slab rates.
- Allowing interest, salary or other remuneration paid to members as a deduction for an AOP or BOI, or applying the firm provisions to them. Fix: For an AOP/BOI, such payments to members are an appropriation of profit and are not deductible, so add back any amount charged in the books. The firm provisions cover firms only and do not apply to an AOP or BOI.
- Applying MAT to a company under the concessional regime. Fix: Check the regime first. A company that has opted for the 22% regime is outside MAT, so no book profit computation is needed.
- Applying 30% or 25% without checking the turnover condition. Fix: Use 30% as the base rate. Use 25% only where the company meets the turnover condition the Act sets for the year, or where the question states the rate. Write the condition in your answer.
- Treating 85% as a share of receipts instead of income. Fix: Deduct the expenses of earning the income first, exclude corpus donations, and only then take 85%.
- Counting a donation to another trust as full application. Fix: Check that the donee is a registered or approved trust or institution. Then count only 85% of the amount donated as application.
- Treating the cash limit for donations as ₹20,000. Fix: Link ₹20,000 with maintaining the donor's name and address. Link ₹2,000 with the cash rule, where ₹2,000 itself is already barred in cash.
- Exempting business income of a political party. Fix: Remember the four streams only: house property, other sources, capital gains and voluntary contributions.
Exam tips
- Show the book profit working as a separate table. Marks are usually given for the adjustments and for the cap, even if the final figure is wrong.
- Read the deed facts first. Questions often hide a trap, such as a non-working partner, a rate above 12%, or remuneration for a period before the deed.
- State your conclusion in words after the numbers: 'Remuneration allowed is ₹X as it is lower of the cap and deed amount'. This supports your answer if a figure slips.
- In MCQs on this topic, check the partner's side too. Share of profit is exempt, and interest and remuneration are business income.
- For the firm versus LLP difference, say that the tax computation is the same and the differences lie in legal status and liability.
- Write the provision before the number. The two-step test of determinate shares and members' other income is where the marks are.
- In case-scenario MCQs, read each member's income carefully. A member's salary or rental income is often hidden in the facts and decides the rate.
- Always add back interest, salary and remuneration paid to members of an AOP/BOI, and show it as a separate line. Give the reason: it is an appropriation of profit. Do not quote the firm provisions for an AOP/BOI.