banner_ad

Whether deduction u/s 43B available post conversion of entity

Tax queries 402 views 1 replies

If there was disallowance u/s 43B on account on non payment and during the year the entity for e.g A LLP gets converted into company, whether the company can claim the deduction of that expense on payment of the amount post conversion?

Replies (1)

Yes — subject to conditions:

Under the Income Tax Act, business reorganization (like LLP to company conversion under Companies Act and as per Section 47(xiiib) of the IT Act) can enjoy tax neutrality, meaning the business is considered to continue, just in another legal form.

In such cases:

  • The successor entity (Company) is entitled to claim deductions that were available to the predecessor (LLP).
  • Since Section 43B allows deduction in the year of actual payment, and the same business continues, the company can claim the deduction in the year of payment — even if the expense was originally disallowed in the LLP’s books.

Important Conditions (Section 47(xiiib)) to Ensure Tax Neutrality:

For this to work, the conversion must satisfy conditions like:

  • All assets/liabilities are transferred to the company.
  • Shareholders of LLP become shareholders of the company in same proportion.
  • No consideration other than shares.
  • Turnover and other conditions (e.g. ₹60 lakh turnover or ₹5 crore asset limit) are met.
  • Company holds 50% shares of LLP partners for 5 years, etc.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
08 May 2026
Paid Assistants

Quick Taxperts Private Limited

Bengaluru

Graduate (Any)

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details