Transfer of ownership

Transfer of ownership from mother to son mother still alive under what section can it be transferred and what about closing stock should i pay tax or take credit after transfer to new firm. impact on GST no.
Replies (3)
Quick Summary
This discussion explains how to transfer business ownership from a mother to her son while she is still alive, specifically addressing GST implications. Section 22(3) of the CGST Act permits such transfers, and Notification 12/2017 CT(r) exempts this business transfer from GST. The process involves obtaining a new GSTN for the son under 'transfer/succession of business' and surrendering the mother's GSTN due to 'change in constitution'. Any available Input Tax Credit (ITC) can be transferred by filing Form ITC-02 before surrendering the old GSTN, meaning no tax needs to be paid on the closing stock.

As per Section 22(3)of CGST Act , the ownership or business can be transfer from Mother to Son .
As per Notification 12/2017 CT (r) , such transfer of business is Exempted in GST hence no GST attracts.

Thus apply new GSTN in Son's name & provide reason for obtaining Registration choose " transfer/Succussion of Business" therein.
& surrender mother GSTN & provide reason of surrender " Change in Constitution" thereafter provide the GSTN of Son"s therein.


Note : if any balance is lying in Electronic Credit Ledger can be transfer to Son"s GSTN by filing ITC 02 .
So before surrender file ITC 02 from Mother"s GSTN & accept the same in Son's GSTN.

No need to pay tax on Stock .
Thank you sir.

you are always welcome

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