Can gifter (proprietor) claim depreciation on gifted assets

692 views 11 replies

Hi,

We have a case where the owner (say Mr.A) of one proprietorship concren has gifted assets, which has machinery and sheds, related to that firm to his son (Mr.B) on 1-1-17.

Mr A firm and Mr B firms are two different entities as they are proprietorship in nature.

Now can Mr.A firm claim Depreciation on the assets for the peroid 1-4-16 to 31-12-16 and can Mr.B claim depeciation for the period 1-1-17 to 31-3-17.

Kindly share your views on this!

Thank you

Replies (11)

In my view,

Mr A claim the depreciation for the asset above said period...

Mr B can't.

Bcoz, The gift is given individual not to the firm.

From the income tax perspective, if any other asets in that block exist then Mr. A can claim depreciarion on the entire block. Since in case of gifted asset no money is payable so no deduction is allowed. If no asset exist in that block of assets then the wdv of the asset will become short term capital Loss.

By the facts of the case, my understanding is as under - 

Gift is not regarded as Transfer for the purpsoses of income tax act. Since the asset is not transferred, then Mr.A can still claim depreciation on it. Mr. B cannot claim depreciation of the same.

Mr B can show the asset in his balance sheet by way of capital introduction and then he can claim depreciation
Originally posted by : RAJA P M
In my view,

Mr A claim the depreciation for the asset above said period...

Mr B can't.

Bcoz, The gift is given individual not to the firm.

He has given gift to Mr.B only, but it was mentioned that the gift is given for the purpose of doing business and Mr.B started a new firm on his name. 

Now how to consider this?

Originally posted by : Pushpak Lal
By the facts of the case, my understanding is as under - 

Gift is not regarded as Transfer for the purpsoses of income tax act. Since the asset is not transferred, then Mr.A can still claim depreciation on it. Mr. B cannot claim depreciation of the same.

Thank you sir,

The asset is indeed transfered by gift deed in registaror office. Kindly consider this and post your views please. thank you

Yeah...
The gift to Mr. B's name not to the firm. In case it's to the firm name then it ll be treat as Sales / Purchase for A / B's. It's follow business deal then both are claim the depreciation on above said period. Otherwise not applicable to B.....
Originally posted by : RAJA P M
Yeah... The gift to Mr. B's name not to the firm. In case it's to the firm name then it ll be treat as Sales / Purchase for A / B's. It's follow business deal then both are claim the depreciation on above said period. Otherwise not applicable to B.....

Sir. Thank you for the reply.

I found this article @  https://www.moneymantan.com/2011/05/05/allowability-of-depreciation-section-32/

In this the author mentiones these lines 

"Circumstances in which proportionate depreciation can be allowed under IT Act.

Circumstances: Under the following circumstances depreciation can claimed on a proportionate basis-

  1. Succession of a partnership firm by a company.
  2. Succession of a proprietary concern by a company.
  3. Succession of business otherwise than on death.
  4. Amalgamation of companies.
  5. De-merger of companies.
  6. Amalgamation / De-merger of Cooperative banks."

I think point number 3 matchs my case. 

Your views please. Thank you

 

there's no succession of business but only an asset is being transferred
Originally posted by : Giridhar S Karandikar
there's no succession of business but only an asset is being transferred

ok. Thank you sir

your most welcome

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