Navigating the ITR-5 form this year requires understanding a key transition. While a new Income Tax Act, 2025 is introduced, filings for FY 2025-26 are still governed by the Income Tax Act, 1961 (as amended).
This guide explains how to file ITR-5 along with new updates like Section 194T and revised partner remuneration rules.
1. What is ITR-5 Form?
ITR-5 is used by non-individual entities that are not companies.
Who Must File?
- Partnership Firms
- LLPs
- AOPs and BOIs
- Artificial Juridical Persons
- Estates, Investment Funds, Business Trusts
Who is Excluded?
- Individuals and HUFs
- Companies
- Entities under Section 11 (use ITR-7)
2. Critical Changes & New Rules
| Provision | Impact |
|---|---|
| Section 194T | 10% TDS on partner payments exceeding ₹20,000 |
| Remuneration Limits | Higher deduction allowed under Sec 40(b) |
| Capital Gains | Short-term 20%, Long-term 12.5% |
| Share Buybacks | Treated as dividend income |
3. Structure of ITR-5
- Part A-GEN – Basic details
- Part A-BS – Balance Sheet (Mandatory)
- Part A-P&L – Profit & Loss
- Schedule BP – Business income
- Schedule CG – Capital gains
- Schedule OS – Other income
- Schedule TDS – Tax deducted details
4. Practical Example
Scenario: LLP Financials
Net Profit: ₹12,00,000
Interest Paid: ₹1,50,000 (15%)
Salary Paid: ₹8,00,000
Disallowed Interest: ₹30,000
Revised Profit: ₹12,30,000
Allowed Remuneration: ₹8,00,000
Taxable Income: ₹4,30,000
Tax: ₹1,29,000
Cess: ₹5,160
Total Tax Payable: ₹1,34,160
5. Step-by-Step Filing
- Login to Income Tax Portal
- Select AY 2026-27
- Choose ITR-5
- Use Online or JSON Utility
- Upload Audit Report if applicable
- Verify using DSC or OTP
FAQs
Does new tax law apply now?
No, current filing is under Income Tax Act 1961.
Due dates?
July 31 (non-audit), Oct 31 (audit), Nov 30 (TP cases)
TDS not deducted?
30% expense disallowed under Section 40(a)(ia)
Can presumptive firms use ITR-5?
Generally no, use ITR-4 unless LLP.
Is Balance Sheet mandatory?
Yes, it must be filled.
Pro Tip: Always match AIS with your books to avoid rejection due to mismatch in TDS claims.
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