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Transfer of ITC from individual to LLP

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There is LLP of five partners and all the partners have their individual firm, now they want to transfer their individual
firm info LLP with all assets and liabilities, so can ITC of individual firm transfered to LLP?
Replies (3)
Quick Summary
ITC can be transferred from individual firms to an LLP when business assets and liabilities are transferred, provided conditions under Section 18(3) of CGST Act, Rule 41 are met, and Form GST ITC-02 is filed.

Yes, ITC can be transferred from individual firms to LLP, subject to compliance with Section 18(3), Rule 41 and filing of GST ITC-02.

Yes, ITC can be transferred from individual firms to LLP, subject to compliance with Section 18(3), Rule 41 and filing of GST ITC-02.

ITC transfer from an individual firm to an LLP is allowed under Section 18(3) of the CGST Act, but only when the transfer is on a going concern basis, meaning the entire business or an independent part of it is being handed over. The process requires filing Form GST ITC-02 by the transferee (the new LLP) on the GST portal, with the transferor accepting it. A key condition is that the LLP must be registered under GST. If the transfer is treated as a supply rather than a going concern transfer, ITC does not move and the original registrant may need to reverse credit under Rule 44. For a full picture on what qualifies for ITC and what gets blocked, this [GST ITC eligibility and GSTR-2B reconciliation guide](https://taxgarden.in/blog/gst-input-tax-credit-eligibility-gstr-2b-reconciliation) covers the framework that applies before and after restructuring.


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