Conversion of a sole proprietorship concern to a company

I have to convert a sole proprietorship to a private limited company. 

The capital gain on this transfer is exempt from tax if i fulfil all the conditions under section 47(xiv).

But if i dont fulfil all the conditions, what will be the tax implication?

What will be the full value of consideration of the assets transferred for the purpose of calculating the Capital Gain?

 

Replies (5)

Section 45 will apply, is nothing but capital gain charging section.

for depreciable assets book value is the cost

non depreciable assets the actual cost or indexed cost of the asset is the cost. excess over the cost received from the company or asset purchaser is taxable as capital gain.

 

Thanks.

But my further query is, the sole proprietor is himself converting the concern into a company and will be 100% owner of the newly formed company. 

So there is no question of receiving of excess over the cost of the assets, or receiving any consideration for that matter.

So is there any provision for notional value of consideration in such case?

There is no provision of notional price in this case.

Actual transfer price will be taken as full value of consideration and same will be taken as COA in the hands of newly formed company.

Do you need a Business Valuation for the Proprietorship firm.

What are the legal formalities?

 

Thanks

What is the treatment in terms of ROC Compliances for Conversion matters

??

 

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details