Takeover of proprietory business by existing pvt. ltd. co

Tax queries 2411 views 5 replies
1)A proprietor is running its business.He intends to transfer his business to a private limited company.

2)Obviously, there will be a transfer of assets(movable and immovable), consequently, it will be covered under capital gains.

3)On a plain reading of Sec. 47(xiv), it does not treat such transfer as 'transfer of capital assets', hence no liability of capital gains will be attaracted if provisions of 47(xiv)(a) to (c) are complied with.
Querry :

The provision starts like this "where a sole proprietory concern is succeeded by a company........ "

Does it mean proprietory business is converted into private limited company and consequently assets are being transferred ? While in our case the prop. business is proposed to be taken over by an existing private limited company.

If this will be the interpretation, the transaction shall attract capital gain.

Your valueable opinion is solicited.

Sanjay

CA. SANJAY K. AGARWALA
Replies (5)
Anybody to comment on it ?
Hello Mr. Sanjay !! In my opinion Captial Gains tax will not be attracted. The Properitory Businees is not converted into a Private limited Company.The Proprietory Business is taken over by Private Limited Company and consequently assets are being transferred. When a business is taken over by an existing company as per Sec 47(xiv) (a to c) then it is exempted from tax.
hi sanjay If the proprietor is converting the business into private limited company, then there is no capital gain tax on transfer but if he is transfering the business to private company, the same is taxable as a slum sale
Thanks.

Can anyone tell me the procedure to convert a Partnership Firm into a Private Limited Company?


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