Transfer of ITC after death of proprietress


This query is : Resolved 

Quick Summary
If a business proprietor passes away, their GST Input Tax Credit (ITC) balance cannot be directly transferred. The surviving spouse or legal heir must obtain a new GST registration for the business, citing the proprietor's death. Following this, Form GST ITC-02 needs to be filed to transfer the ITC. A legal heir certificate is generally sufficient for these procedures, avoiding the lengthy process of obtaining a succession certificate.

19 February 2025 One of my GST client (a lady) had expired leaving a sizable amount of ITC in his GST ledger account. As GSTIN cannot be transferred, his husband want to register the business in his name. Whether his husband can avail the ITC balance lying in his deceased wife's ledger account ? What will be the procedure and formalities for the same

19 February 2025 This can be done by filling out Form GST REG-01, where the application must state “death of the proprietor” as the reason for registering. This filing is essential as it creates the successor's legal position to claim the ITC. Once the successor has gotten GST registration, the next step is to file Form GST ITC-02 for transfer of ITC.

20 February 2025 Whether Succession Certificate will be required for the purpose ? Whether Legal heir certificate can serve the purpose ? Because to get a succession certificate, waiting period will be quite long .

20 February 2025 Legal heir certificate enough.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
13 October 2026
Accountant

Zerdi & Co. Chartered Accountants

Pune

B.Com

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details