GST PROCEDURE IN CASE OF DEATH OF SOLE PROPRIETOR

As I learned in case of death of sole proprietor, If legal heirs of deceased wants to carry on business they need to obtain fresh registration and also register themselves as authorized person to surrender the existing GSTN. They can transfer balance in Cash Ledger and Credit Ledger by filling transitional form. However I have certain doubts as under which I hope someone who faced this situation can solve.

- What procedure to be followed exactly in case of death of sole proprietor?

- Do legal heirs needs to visit GST office in person to add them as authorized person?

- What documents they need to produce before GST officer to register themselves as authorized persons? (as I understand, generation of succession certificate is time consuming process)

- How to treat closing stock on which ITC already availed but there is no credit in cash or credit ledger? Do legal heirs to pay GST amount at a time of actual sale of goods or at a time of filing of Final return?

- If legal heirs to pay GST on value of goods lying at the time of death while filing final return, can they take ITC of such goods on which GST is paid closing stock and how to take credit of the same? 

 

Replies (2)
Quick Summary
This discussion addresses the GST procedures following the death of a sole proprietor. It clarifies that legal heirs wishing to continue the business must obtain a new GST registration and can transfer existing ledger balances. The thread also raises important questions about the exact documentation required, whether in-person visits to the GST office are necessary, and how to handle closing stock where ITC has been availed but no ledger balance exists. Specific queries are posed regarding the timing of GST payment on this stock and the possibility of claiming ITC on it.

GST PROCEDURE IN CASE OF DEATH OF SOLE PROPRIETOR :

1. Add Authorised Signatory in the existing GSTIN which is a online process.

2. Incase the legal heir wish to continue the business then, get new GSTIN of the legal heir with reason of registration as - Death of sole Proprietor.

3. After getting the new GSTIN, File a form in the OLD GSTIN to transfer the ITC & Cash balance to the new.

4. File a form in the new GSTIN to accept the ITC & Cash balance in to the new GSTIN.

5. Surrender the Old GSTIN .

 

For more details -

CA Sachin M Jain .8O975. l5447

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Email : casachinmjain @ gmail.com

sir do we need to pay GST on stock lying in the books of deceased at a time of filing of Final return even though the successor chooses to continue the business? or we do not need to show it all? 

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