Can benefit of long term capital loss be transferred to legal heir after death of investor?
Replies (9)
Quick Summary
This discussion explores whether Long Term Capital Losses (LTCL) can be carried forward by legal heirs after the investor's passing. While business losses have specific provisions for inheritance, the applicability to LTCL is debated. The general understanding is that LTCL can be carried forward for up to 8 assessment years, but its transferability to legal heirs requires clarification, especially concerning specific asset types like bonds.
Where legal heirs of a deceased-proprietor enters into partnership and carries on the same business in the same premises under the same trade name, there is succession by inheritance as contemplated in section 78(2) and assessee-firm is entitled to carry-forward and set-off of the deceased’s business loss against its income for subsequent years—CIT v. Madhukant M. Mehta [2002] 124 Taxman 130 (SC).