WHETHER OFFICE RELATED EXPENSES WILL BE ALLOWED AS PRILIMINARY EXPENSES

A Client has received the certificate of incorporation of PVT LTD CO. Due to onging construction , the company has not made any sale during the year . Only construction activity is going on during the year . Whether the office related expenses will be allowable as priliminary expenses ? 

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Quick Summary
This discussion explores whether office-related expenses can be claimed as preliminary expenses for a newly incorporated PVT LTD company that is currently under construction and has made no sales. While preliminary expenses are typically incurred before business commencement and are often capital in nature, the advice suggests that if these office expenses are directly related to the construction activity, they may be includable in the cost of the building rather than treated as preliminary expenses. The key is to determine if the business has officially commenced operations.

Preliminary expenses are expenses which the promoters of a company incur at the time of incorporating the company. Generally, preliminary expenses are disallowable on the ground that they are of a capital nature or incurred prior to the setting up of a business.

But sir only construction activity is going on and no sale is made during the year .. Whether we can book office related expenses as priliminary expenses ?

You don't have to book them as preliminary if the office expenses are related directly to construction of building. You can include them into the cost of building.

Preliminary expenses would be considered only when it is incurred prior to the commencement of business. In the stated case, it is not clear whether it is the company has started its business or not. The office expenses can however be included in the building cost if it is possible to state that the office expenses were incurred primarily for the construction activity.

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