Accounting treatment For Earlier losses


This query is : Resolved 

Quick Summary
This discussion addresses the accounting treatment of previous LLP losses when converting to a Private Limited Company. The core issue is whether losses transferred to partners' fluctuating capital accounts can be retrospectively moved to reserves by amending the LLP agreement. Experts advise that such retrospective changes are generally not accepted by the Income Tax Department for tax calculations, potentially causing reconciliation issues between accounts and tax returns.

28 July 2022 Dear Sir/MADAM,

We want to convert Our LLP in to Private Limited Company .
As per LLP Agreements , We have transferred Losses for Previous 3 years To partners Fluctuating Capital .
But now We want To Transfer That Losses For Previous years To Reserve and Surplus from Partners Fluctuating Capital .

Can We give this Accounting Treatment Retrospective By Modifying LLP Agreement In Dated Fy 2021-22 ?

Request For Expert View Asap With Relevant Provisions For The same .




29 July 2022 No. Retrospective effect will not be accepted by ITO.

29 July 2022 But As per income tax return , we have carry forward losses for Llp only And not partners account But For Accounting entry , We have transferred To partners account .
Whether that will make any difference ?

29 July 2022 The only question is the original deed should support your working/s.

29 July 2022 Can we amend Original LLP Agreement With Consent of all partner to give retrospective effect of Loss In Current year and reverse the entry or modify the entry For Previous year losses ?

If Not , We want to convert llp Into Private limited Company , How balance reconcile with Income tax return and accounts ?

29 July 2022 1. For income tax purpose it will not be accepted.
2. Loss would decrease the partners' capital account.

29 July 2022 we can not amend Original LLP Agreement With Consent of all partner to give retrospective effect of Loss In Current year and reverse the entry or modify the entry For Previous year losses. Right ?


29 July 2022 Yes, generally, ITD do not accept such retrospective changes in partnership deed for IT calculations.


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