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ITR-5 · The Classic Partners LLP

ITR-5 Return Filing for Partnership Firms, LLPs, AOPs & BOIs

End-to-end ITR-5 filing for firms and LLPs — financial statements, partner remuneration within Section 40(b), AMT, tax audit coordination and partner-level alignment, all handled by CAs.

Quick answer

ITR-5 is the return form for partnership firms, LLPs, AOPs, BOIs, business trusts, investment funds, cooperative societies, local authorities and estates of deceased or insolvent persons — essentially every taxable entity that isn't an individual or HUF (ITR-1 to ITR-4), a company (ITR-6) or an institution covered by ITR-7. Firms and LLPs are taxed at a flat 30% plus surcharge and cess, partner remuneration and interest are deductible within Section 40(b) limits, and AMT u/s 115JC can apply. Due dates: 31 July (non-audit), 31 October (audit cases, with the audit report by 30 September) and 30 November where transfer pricing applies.

Who should file

ITR-5 eligibility and who must use it

ITR-5 is the entity return. If your business is structured as anything other than a proprietorship or a company, this is almost certainly your form — with full financial statements, partner details and entity-level tax computations.

The firm's return is only half the compliance: partners separately report their remuneration, interest and exempt profit share in their own ITR-3. We file both sides so the numbers agree, because mismatches between firm and partner returns are an easy notice trigger.

  • Partnership firms — registered or unregistered
  • Limited Liability Partnerships (LLPs)
  • Associations of Persons (AOPs) and Bodies of Individuals (BOIs)
  • Cooperative societies
  • Business trusts and investment funds
  • Local authorities and artificial juridical persons
  • Estates of deceased or insolvent persons
Form breakdown

What we prepare inside ITR-5

Entity-level financials and the computations that surround them.

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P&L & Balance Sheet

Complete financial statement schedules for the firm or LLP, presented the way the income tax return expects them.

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Partner Payments — 40(b) & 194T

Remuneration and interest kept within Section 40(b) deductible limits, with the new Section 194T TDS on partner payments applied from FY 2025-26.

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Depreciation Schedules

Block-of-assets depreciation at income tax rates with additions, deletions and WDV tracked year on year.

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AMT — Section 115JC

Alternate Minimum Tax computed where specified deductions are claimed, with AMT credit tracked for future set-off.

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Capital Gains & Other Income

Entity-level capital gains, interest and other income reported alongside business profits in the same return.

Audit & GST Reconciliation

Section 44AB linkage, Form 3CA/3CB-3CD references, and turnover reconciled with GST filings and AIS before submission.

Filing timeline

ITR-5 deadlines for firms and LLPs

Income tax dates plus the MCA calendar LLPs must run in parallel.

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31 July — Non-Audit Cases

Firms and LLPs not liable to tax audit file by 31 July of the assessment year (unless extended).

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30 Sep / 31 Oct — Audit Cases

Tax audit report by 30 September, ITR-5 by 31 October. Transfer pricing cases get time until 30 November.

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LLP Act Filings — MCA

LLPs separately file Form 11 (annual return) by 30 May and Form 8 (statement of accounts) by 30 October with the MCA.

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Advance Tax Instalments

15 June, 15 September, 15 December and 15 March — shortfalls attract interest u/s 234B and 234C.

How we work

Our ITR-5 filing process

Firm-level filing aligned with every partner's return.

1

Financials & Deed

Financial statements, partnership or LLP deed and partner details collected — the deed decides what remuneration is deductible.

2

Computation

Taxable income computed with 40(b) limits, depreciation, disallowances and AMT applied where relevant.

3

Audit Coordination

Tax audit and LLP Act audit coordinated where applicable, with reports filed before the return.

4

File & Align Partners

ITR-5 filed and e-verified, and each partner's ITR-3 aligned with the firm's figures.

Why The Classic Partners

Firm and partner filings that agree with each other

Entity tax is a system, not a single form.

40(b) optimisation

Partner remuneration structured within the deductible limits — and supported by the deed — so the deduction survives scrutiny.

194T ready

From FY 2025-26, firms must deduct TDS on partner payments — we set up the deduction, deposit and reporting cycle correctly.

Dual-audit handling

Tax audit u/s 44AB and LLP Act audit are different obligations with different thresholds — we track and satisfy both.

AMT foresight

Alternate Minimum Tax computed before decisions are locked, and AMT credit carried so it is never lost.

CA-reviewed filing

Every ITR-5 is reviewed by a Chartered Accountant with the firm's deed and financials open alongside.

Full-stack compliance

ITR-5 coordinated with TDS returns, business tax filing and partners' ITR-3 returns.

FAQs

ITR-5 filing questions answered

What firms, LLPs and their partners ask us most.

Yes — both file ITR-5. The difference lies around the form: LLPs cannot opt for presumptive taxation, they have separate MCA filings (Form 11 and Form 8), and an LLP Act audit applies when turnover exceeds ₹40 lakhs or contribution exceeds ₹25 lakhs.
Partners file ITR-3. Their share of the firm's profit is exempt u/s 10(2A) because the firm has already paid tax on it. Remuneration and interest received from the firm are taxable in the partner's hands as business income.
Interest to partners is deductible up to 12% per annum if authorised by the deed. Remuneration to working partners is deductible up to the higher of ₹3,00,000 or 90% of the first ₹6,00,000 of book profit, plus 60% of the balance — limits enhanced from AY 2025-26.
A flat 30% on total income, plus a 12% surcharge where income exceeds ₹1 crore, plus 4% health and education cess. Firms and LLPs get no slab benefit and no rebate — which is why remuneration and interest planning matters.
No. The LLP Act audit applies when turnover exceeds ₹40 lakhs or contribution exceeds ₹25 lakhs. The income tax audit u/s 44AB is a separate test — broadly turnover above ₹1 crore (₹10 crore with 95%+ digital transactions) or professional receipts above ₹50 lakhs.
A resident partnership firm can opt for Section 44AD or 44ADA and then files ITR-4 instead of ITR-5, subject to the usual limits. LLPs are specifically excluded from presumptive taxation and always file ITR-5 with regular books.
From 1 April 2025, firms and LLPs must deduct TDS at 10% on salary, remuneration, commission, bonus and interest paid to partners, once payments to a partner exceed ₹20,000 in the financial year. The credit then appears in the partner's 26AS.

Ready to file your ITR-5?

Share your financials and deed. We'll compute the firm's tax, coordinate the audit, file the ITR-5 and align every partner's return with it.

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