conversion of partnership to LLP

[Satbir singh wahi]

Partnership firm converted to LLP

1.Whether PAN , TAN will remain the same ?

2.Whether existing Service tax registration requires updation ?

[Ganeshan Kalyani]

Hope your query is resolved. Thanks.

[Satbir singh wahi]

No Sir

[KASTURI SETHI]

Sir,

If there is any change in the constitution of the firm. Service Tax Registration will be changed. Relevant extract of Notification No.7/15-CE(NT) dated 1.3.15 is given below:-

(10) Change in the Constitution : Where a registered person is a firm or a company or association of persons, then in the event of any change in the constitution of the firm leading to change in PAN, he shall get himself registered afresh. In other cases of change in constitution of business, where there is no change in PAN, the same shall be intimated to the jurisdictional Central Excise Officer within thirty days of such change by way of amendment to the registration details to be carried out online in website www.aces.gov.in and this will not result in any change in the registration number.

Regarding PAN, TAN only expert in Income Tax can reply.

[Satbir singh wahi]

Thanks Sir .

[DR.MARIAPPAN GOVINDARAJAN]

Since the LLP is the new entity from the partnership, separate PAN and TAN are required to be obtained. This is my view.

[KASTURI SETHI]

I agree with the views of Sh.Govindarajan, Sir.

[Ganeshan Kalyani]

Sir, the provision related to Partnership Firm and that of LLP is different therefore separate identity would be needed as reply by Sri Mariappan Sir.Thanks

[Nidhi Thakar]

As per my view we need to change name only Pan no. should be same.

AI Summary

Conversion to LLP may require new PAN and TAN; service tax registration must be updated if PAN changes.
Conversion of a partnership to an LLP may require obtaining fresh PAN and TAN if the LLP is treated as a new legal entity; some contributors advise separate identifiers while a minority view suggests PAN could remain. For service tax, if change in constitution causes PAN change a fresh registration is required; if PAN remains unchanged the registrant must amend details online within thirty days and the registration number will not change.