Joint and several liability ensures partners remain responsible for firm tax, interest and penalties despite discontinuance or reconstitution.

If a firm, association or Hindu undivided family discontinues business, tax, interest and penalty due up to discontinuance may be assessed as if no discontinuance occurred, and every partner or member at that time remains jointly and severally liable for those liabilities; similar joint and several liability attaches where a firm or association is reconstituted, dissolved, or where a HUF effects partition. A limited liability partnership is treated as a firm for these purposes.

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