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GSTIN in case proprietor expired

3856 views 12 replies
dear experts,

what action to be taken under GST in case the proprietor expires.

weather his son can continue the business with same GSTIN..?

weather they need to apply for cancellations...?
if yes then what is the treatment the existing stock under GST....
Replies (12)
Since proprietorship concern has no perpetual existence, sole proprietorship ceases to exist if the proprietor dies.
It would be better to form a new proprietorship firm instead of continuing the deceased one.
I would suggest i) Legal heir/successor should apply for cancellation of registration certificate, available on gst portal.
ii) Settle all the GST liabilities, if any (can be done by Legal heir/successor)
iii) Get yourself registered under GST under a new PAN and continue your business.
thank you for response.

is there any time limit to apply for cancellation after the date of death...?

if applied for cancellation then what about the existing stock..? weather I need to pay GST on trf of stock from existing GSTIN to new GSTIN...?
yes you need to made an application within 30 days when the cancellation occurrences i.e. death of proprietor.. you need to pay tax on existing stock...file form 16 and show liability their and pay tax.
thank u so much sir,

can I have section reference for the time limit and form 16 please.
https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=7990&kw=CANCELLATION-OF-REGISTRATION-UNDER-GST
thanks to clarify all doubts.
kindly like if you satisfied
yes he can apply for cancellation.
if any ITC is balance he cam transfer by filing ITC01

What about the filing of monthly return for that particular month in which the death occurs?

YOU CAN FILE NIL RETURN IF THERE IS NO SALES
But since the assessee is no more on the date of filing the return then in what capacity the GSTR-1 and GSTR-3B will be filed in case there is no authorised signatory other than the deceased?

Sir, May i get any reference for the no of days in which registration to be cancelled in case of death of proprietor.

Actually the same case has been happened and we have applied / taken registration as a transferee within 30 days but officer has been given effect from next month so i need the proof


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