Section 9B - Income on receipt of capital asset or stock in trade by partner/member from firm/AOP/BOI
September 28, 2022
Where any partner/member receives any capital asset or stock in trade from firm/AOP/BOI at the time of dissolution or reconstitution of such firm/AOP/BOI, then capital gains or business income shall arise in the hands of firm/AOP/BOI in the year in which such capital asset or stock in trade was transferred.
The Fair Market Value (FMV) of the capital asset or stock in trade as on the date of its receipt by the partner/member shall be the Full Value of Consideration (FVOC) for the purposes of computing capital gains or business income.
Reconstitution here includes any of the following situations:
one or more partners/members cease to be partner/member.
one or more partners/members are admitted in the firm/AOP/BOI in a manner that one or more persons who were the partners of firm/AOP/BOI before the change, continue as partners or members after the change.
all the partners or members of such firm/AOP/BOI continue with a change in their respective PSR.
0 Comments