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conversion of proprietorship firm to partnership firm

CA PARUL KHATANA (Self practice at KHATANA & ASSOCIATES) (118 Points)

13 September 2018

whether capital gain is
applicable if business of proprietorship firm is transferred to partnership firm?
also can we transfer the balances of all assets and liabilities of proprietor to partnership firm at book value?

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(Guest)

Accordingly, it is proposed to amend the provisions of section 49 of the Income-tax Act to provide that in case of conversion of sole proprietorship or firm into a company which is not regarded as a transfer, the cost of acquisition of asset in the hands of the company would be the same as that in the hand of the sole .

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CA PARUL KHATANA (Self practice at KHATANA & ASSOCIATES) (118 Points)
Replied 13 September 2018

I don't get your point. plz provide your answer keeping in view current tax provision

(Guest)

Where transfer of an asset from one person to another is not regarded as a transfer under section 47, then, for the purpose of computation of capital gains, the cost of the asset in the hands of the successor under section 49 is taken as that of the predecessor. Certain transactions like transfer of assets by a sole proprietorship or a firm to a company on conversion are not regarded as transfer under the provisions of section 47(xiv) and section 47(xiii). While computing capital gains on subsequent sale of such assets by the company, there is no reference in the provisions of section 49 with regard to the cost to be taken for such assets.

CA PARUL KHATANA (Self practice at KHATANA & ASSOCIATES) (118 Points)
Replied 13 September 2018

Sir , the case here involved is for conversion of sole proprietorship to firm not company

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 13 September 2018

@ Mr. CA PARUL KHATANA.,

As per my view.,

No way for transferred from Proprietor firm to Partnership Firm without any overtake or selling it's (proprietorship)all the Assets and Liabilities...

Better to transact with sale procedure...
(it's only my view. Wait on further replies from our Experts).