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

454 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.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details