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  • Will the amount disbursed be deducted from our personal income for calculating tax?

    Confused about filing income tax returns? Can the amount disbursed be deducted from your income? Follow this thread for the expert opinion of our members.

    Can any one help me to file the income tax for the commission earned from a land deal? The seller will pay the brokerage amount which is above 10 lakh to my bank account. This money will be distributed among other members in our team. But the seller is saying that he will transfer the whole amount to my bank account only.

    In this circumstance, when I file tax return for next year, the whole 10 lakh will have to be reflected as my income. Can I can fill for less income by showing the proof that I have transferred the rest amount to my other team members?
  • Answers

    6 Answers found.
  • Income is taxable in the hands of the recipient. In your case, the brokerage will be paid to your account and hence the same will be treated as Income received and hence taxable in your hands only.

    If you distribute the income in another person's account after receiving the entire amount then it won't make any difference as the entire sum is first received in your bank account. Also to add if you try to get the brokerage distributed in multiple accounts then it will be considered as diversion of income.

    You may claim expenses if the brokerage is your business income and if this is just a one-time income and you are not engaged in the business of broking, then you cannot even claim expenses from this brokerage received and the entire sum will be treated as income in your hands.

    Live before you leave.

  • It is better to consult with the Auditor. There are few options here beside. You have to tell your team members that you will face this scenario thus have to deduct certain percentage (tax proportion for all) amount in advance from the team and pay the rest to them with proper calculation. White money keep as white.

    You can show the other normal tax deduction approved by the Government while filing it. In case if your team doesn't accept it then you have to sacrifice some portion.

  • Income becomes taxable if the same is transferred to your account even though you might have got the same by way of brokerage to be distributed to your team members. In your case the entire amount to the extent of Rs 10 lakhs becomes taxable and the same is to be borne by you only since it has been credited to your account.
    Even if you make a necessary adjustment with the distribution of the appropriate amount to each beneficiary, it is not offering you any relief in terms of tax concessions.
    However, you can have the advice of the tax consultant how best you get relief from the paid brokerage credited to your account showing a proof that the sum received is to be distributed equally to the other beneficiaries but there is some constraint in crediting the amount to their accounts.

  • It is not clear from the question whether you are assessed as a business or individual.

    If you file the return as business, then you may pay the amount due to the other team members and should establish that the amount was a business expense. But then if the transactions are only on verbal agreement and not in any proper documented and legally allowed way, then it may not be accepted by IT authorities.

    You have to file the relevant return form where the income from commission etc. are coming.

    So it is suggested that you take the help of a professional income tax practitioner or chartered accountant.

  • As per the income tax rules any type of income is chargeable to tax after the usual exemptions and deductions if any admissible for that category of the income. In this case it is the commission or service charged on a land deal and the amount is considerable and naturally is taxable in the hands of the recipient. As you said that it was done by 'your team', does it mean that you have a registered business entity on whose name you are conducting this business of earning commissions on the land deals. If it is so then you have to take the payment in the name of that business entity and show that in the annual tax returns furnished for that business. Otherwise if you are doing it without the umbrella of a registered business name then the payment will be on the name of one of the team members as wished by you and if it is in your name then you are supposed to bear the tax burden on that amount. What maximum you can do is to distribute that tax liability equally in the team members and then pay them the reduced amount accordingly.
    One small catch in this process is there because the payer is not ready to pay the respective amounts to the team members separately then whatever you are transferring to the team members is again taxable in their hands as that becomes an earning for them and they have to show it in their IT returns as well. So if the payer is adamant not to pay to the individual members then actually you people will be subjected to pay tax on the same amount two times albeit by different team members.
    You can of course take the opinion of the CA in this regard but basic thing is that money for a service should not be paid through a round about manner as that increases the tax liability while changing multiple hands. That is the reason why in the field of business the name in any bill or invoice is so important because it has tax implications.
    Moreover there are some regulations that the person who is paying big amounts should deduct TCS and deposit it in the income tax department and if such a thing happens then it has to be settled by the recipient at the time of submitting IT return and adjusting that in the final tax.
    Please go through these details in the tax information guide provided in the IT website and insist the payer for following a correct procedure in this matter so that your tax liability is not inflated unnecessarily.

    Knowledge is power.

  • The income you have shown is a commission you earned through your business. It is not a salary. It is an income in your business. Your business will have some expenses. You need not pay full income for the purposes of your income tax calculation. It is not a salaried income. Naturally, any business will have some expenses. So you have to make a balance sheet and the profit you are showing on that balance sheet will be shown as your income. On that amount only you have to pay tax. You have to fill out a form called ITR 4 called Sugam. If it is only 10 lakhs you may not come under GST preview. Based on the total income you have to decide about GST registration.
    I suggest you contact a tax consultant and ask him to do the needful. He may charge a little money. But it is worth it. He will prepare a balance sheet and decide on the total income in the form of profit in your business. Then he will do the tax computation and tell how much you have to pay or how much tax you will get back from the prepaid tax and TDS.

    always confident

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