House property for partnership firm


This query is : Resolved 

(Querist)
30 September 2011 HELLO SIR,

MY CLIENT WAS CARRYING THEIR BUSINESS (PARTNERSHIP) UP TO LAST YEAR ON FIRM PROPERTY (PROPERTY ON FIRM NAME) , BUT DURING CURRENT YEAR THEY CLOSED DOWN THEIR BUSINESS AND THEY HAD GIVEN PROPERTY ON RENT,

NOW MY QUERY IS HOW THEY TREAT THEIR BUSINESS PROPERTY RENT??

THAT AS A INCOME FROM HOUSE PROPERTY OR BUSINESS

THANK YOU

30 September 2011 You have mentioned yourself that your client has colsed down the business. One more thing, read the Partnership Deed carefully whether it contains the any clause regarding business of renting out property..

dhaval shah (Querist)
30 September 2011 THANK YOU FOR YOUR REPLY

No there is no clause regarding business of renting out property , so what treatment should be given by us


CS Bijoy (Expert)
03 October 2011 If there is no option in the agreement than it can be changed with the consent of all the partners.

03 October 2011 If there is no clause in deed but still firm is not dissolved then income will be taxed in Firm's hands only as property is in name of firm.
The only option is to dissolve the firm but in that case Capital gain tax shall be attracted to the partner who takes away such property.


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