Conversion of a sole proprietary concern: no capital gains treatment if assets transfer, proprietor receives only shares and retains majority. Conversion of a sole proprietary concern into a company is not treated as a transfer for capital gains if all business assets and liabilities immediately before succession become the company's assets and liabilities, the proprietor receives only shares on allotment, and the proprietor retains a majority voting shareholding for the required continuous period; where these conditions are met, the cost of the assets in the hands of the transferee company is the cost to the previous sole proprietorship.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Conversion of a sole proprietary concern: no capital gains treatment if assets transfer, proprietor receives only shares and retains majority.
Conversion of a sole proprietary concern into a company is not treated as a transfer for capital gains if all business assets and liabilities immediately before succession become the company's assets and liabilities, the proprietor receives only shares on allotment, and the proprietor retains a majority voting shareholding for the required continuous period; where these conditions are met, the cost of the assets in the hands of the transferee company is the cost to the previous sole proprietorship.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.