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What is the current tax rate for LLPs?

Basic Tax Rate

  • The current income tax rate for Limited Liability Partnerships (LLPs) in India is 30% on their taxable income
  • This rate applies to both domestic and foreign LLPs operating in India
  • LLPs are taxed as a separate legal entity under the Income Tax Act, 1961
  • The flat rate remains the same regardless of the income slab or turnover
  • There is no option for reduced rates as available to certain companies

Surcharge Applicability

  • A surcharge of 12% is levied if the total income of the LLP exceeds ₹1 crore in a financial year
  • The surcharge is calculated on the income tax payable, not on total income
  • If income does not exceed ₹1 crore, no surcharge is applicable
  • This surcharge increases the effective tax liability for high-income LLPs
  • The applicability is automatic based on income level

Health and Education Cess

  • In addition to the base tax and surcharge, a Health and Education Cess of 4% is levied
  • The cess is applied on the total of income tax and applicable surcharge
  • It is uniform for all LLPs, regardless of income or nature of business
  • The cess supports government education and healthcare programs
  • It increases the overall effective tax rate slightly above 30%

Effective Tax Rate Summary

  • For LLPs with income up to ₹1 crore:
    • 30% income tax + 4% cess = 31.2% effective rate
  • For LLPs with income above ₹1 crore:
    • 30% income tax + 12% surcharge + 4% cess = 34.944% effective rate
  • These rates are standard across all sectors and regions
  • LLPs do not receive concessions like MSME tax relief or reduced corporate tax slabs

Additional Tax Notes

  • LLPs are not subject to the Minimum Alternate Tax (MAT) like companies
  • They are exempt from Dividend Distribution Tax (DDT)
  • Partners are not taxed again on profits withdrawn from the LLP
  • LLPs must file ITR-5 annually and maintain compliance with income tax provisions
  • Advance tax provisions apply if tax liability exceeds ₹10,000 in a year

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