Can a proprietary firm into llp

hello
can a proprietary firm can be converted into llp

the propietior firm has debt of 40 crore and the return of FY 19 20 is not yet filed.

can the company still go and convert it in LLP
Replies (4)
Quick Summary
This discussion explores the feasibility of converting a proprietorship firm into an LLP, even when facing significant debt and unfiled tax returns for a previous financial year. It outlines a potential process involving forming the LLP first, transferring assets and liabilities, and seeking condonation for delayed filings. The advice suggests that while possible, the process requires careful attention to detail and potential involvement from the Assessing Officer, and may take time.

File the return for AY-2020-21 through AO.

Form LLP first & transfer all assets & liabilities using sale consideration
Condonation of delay under section 119(2)(b).
complete process is very important. Obviously involment of AO is there.
But it will take time.Then convert it to llp.
Condonation of delay for AY-2020-21 can't be filed for e-filing of ITR.
@ Aayesha

You can Form LLP first as suggested ,and can also transfer all assets to LLP ( Like we call it transfer of asset ) while it be in the form of your contribution ,For Income Tax purpose you have to file ITR ,and it's your default ! In eye of law you and proprietorship is not different ...Non Filing of ITR will not impact unless otherwise you are company(Pvt) or Registered partnership...

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