A partnership is treated as a firm for tax purposes only if it has a written partnership deed that specifies each partner's share. The certified deed must be filed with the firm’s first income‑tax return, signed by all adult partners (or their legal representatives if a partner is deceased). Once a firm is assessed as a firm, it retains that status in future years unless the partnership deed changes, in which case a certified copy of the updated deed must be filed with the return for that year. If the firm fails to comply with the requirements of section 271, no deductions are allowed for payments to partners, and such payments are not taxable under section 26(2)(g).
📜 Official text of the section +
325. (1) A firm shall be assessed as a firm for the purposes of this Act, if—
( a) the partnership is evidenced by an instrument; and
( b) the individual shares of the partners are specified in that instrument.
(2) A certified copy of the instrument of partnership referred to in sub-section (1)
shall accompany the return of income of the firm of the tax year in respect of which
assessment as a firm is first sought.
(3) For the purposes of sub-section (2), the copy of the instrument of partnership
shall be certified in writing by all the partners (not being minors) or, where the
return is made after the dissolution of the firm, by all persons (not being minors),
who were partners in the firm immediately before its dissolution and by the legal
representative of any such partner who is deceased.
(4) Where a firm is assessed as such for any tax year, it shall be assessed in the same
capacity for every subsequent year, if there is no change in the constitution of the
firm or the shares of the partners as evidenced by the instrument of partnership on
the basis of which the assessment as a firm was first sought.
(5) Where any such change had taken place in the tax year, the firm shall furnish
a certified copy of the revised instrument of partnership along with the return of
income for such tax year, and all the provisions of this section shall apply accordingly.
(6) Irrespective of anything contained in any other provision of this Act, where, in
respect of any tax year, there is on the part of a firm any such failure as is mentioned
in section 271,—
( a) the firm shall be so assessed that no deduction by way of any payment of
interest, salary, bonus, commission or remuneration, by whatever name
called, made by such firm to any partner of such firm shall be allowed
in computing the income chargeable under the head “Profits and gains
of business or profession”; and
( b) such payment shall not be chargeable to income-tax under section
26(2)(g).
Assessment when section 325 not complied with.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.