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GIFT OF CAPITAL OF PROPRIETARY CONCERN TO DAUGHTER

RAKESH SHARMA

'A' is running a proprietorship concern in the name of 'AM Ents' and the business data includes debtors,creditors,inventory ,capital etc.

'A ' sold the inventory of 1 Cr to a partnership firm 'QR Ents' in which her daughter is a partner so that her daughter can show her capital in the firm received from his father as an inventory sold to its firm.

What are the remedies available in such a case so that his daughter can show her capital in the firm

Please advise.

Proprietorship owner considers gifting assets to daughter for tax benefits or selling inventory to her firm. A proprietorship owner, 'A,' intends to transfer assets to his daughter, a partner in 'QR Ents,' so she can reflect it as her capital in the firm. The options include gifting 1 crore or transferring inventory of equivalent value. Gifts to a daughter are tax-exempt. If inventory is sold to 'QR Ents,' it becomes a firm asset, not individual capital, making 'A' a creditor. If sold at cost, there's no profit; if at a profit, tax is due. Reversing the sale and gifting the inventory or assigning the debt to the daughter through a gift deed are suggested solutions. (AI Summary)
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