Answers On Topic: Conversion of company into LLP
In case of conversion of a Pvt. Company into LLP, section 47(xiiib) conditions are not satisfied and the conversion is treated as a "transfer" and capital gains is taxable in the company’s hands on FMV of Land. In this case, if original cost of purchase of land was 100000/-, book value was also 100000/- but at the time of transfer to LLP, the company has paid capital gain tax on FMV Rs. 200000/-, so when the LLP sell this land in future, its cost of acquisition will be 200000/- or 100000/-? This case is not covered in section 49. Can…
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ABC Private Limited has annual turnover of more than Rs. 60 Lakhs in last 3 preceding financial years and wants to convert into LLP. The assets and liabilities of the company will be recorded at book value in the books of LLP. The Board of Directors (BOD) of ABC Private Limited seek following clarifications: (a) Examine the tax implications in the hands of the company. (b) Applicability of section 50C and Section 50CA if assets of ABC Private Limited includes immovable property and securities held as capital asset, (c) Whether there will be any tax implication in the hands of…
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Cost of acquistion in case of conversion of Company to LLP