Transfer of capital asset to partner

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 January 2013 What is capital gain implication if trf capital asset on which depreciation is also availed to a partner. The transfer is not in course of his retirement or firm dissolution?

CS, Deepak Pratap Singh

CS, Deepak Pratap Singh (Expert)
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31 January 2013 Dear friend, transfer of any capital assets of the firm to the partner , whether it is depreciable or not liable to short/long term capital gain if firm get some consideration or it will be treated as income of the receiving partner.

Querist : Anonymous

Querist : Anonymous (Querist)

31 January 2013 Sir

wat is implication if trf at book value? there will be no excess/short value related to cost.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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02 August 2025 If the capital asset is transferred to the partner **at book value**, here’s how it works:

1. **From the Firm’s Perspective:**

* Book value is typically the cost minus accumulated depreciation.
* If transferred at book value (i.e., no capital gain or loss arises because sale consideration = book value), **no capital gain arises for the firm** on the transfer.
* However, **the firm must still treat the transaction at fair market value (FMV) for tax purposes**. The tax laws often require the transfer to be recorded at FMV, not just book value.
* If FMV > book value, the difference is treated as **capital gain** for the firm.
* If FMV < book value, a **capital loss** may arise (subject to conditions).

2. **From the Partner’s Perspective:**

* The partner receives the asset at the **FMV** (or agreed transfer price).
* This FMV becomes the partner’s **cost of acquisition** for future capital gains computation.
* Any benefit arising to the partner if asset is transferred below FMV could be treated as **income in the hands of the partner**.

3. **Summary:**

* Transfer at book value **may not be accepted by tax authorities if book value is not equal to FMV**.
* Capital gains implications depend on whether transfer consideration equals FMV or not.
* For depreciable assets, **Section 50** of the Income Tax Act applies to compute capital gain on transfer by the firm.
* It is important to get the asset valued at FMV to determine true tax impact.

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**Bottom line:** Transferring at book value alone does not guarantee no capital gains tax. You must consider FMV and follow tax provisions accordingly. It is advisable to get a professional valuation and consult a tax advisor to avoid any tax issues.

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