Friday, June 29, 2018
How to transfer immovable asset in Name of LLP from name of company without stamp duty in the state Govt records
How to transfer immovable asset in Name of LLP from name of company without stamp duty in the state Govt records
Stamp Duty payable or not at the time of Transfer of Assets at the time of Conversion into LLP
There is a dilemma for whether Stamp Duty is payable or not at the time of Transfer of Assets at the time of Conversion of Private Limited Company into LLP.
What LLP Act says;
a. As per Schedule III, point no. 6, effect of Registration, on and from the date of Registration, all tangible (movable or immovable) and intangible property vested in the company, all assets, interests, rights, privileges, liabilities, obligations relating to the company and the whole of the undertaking of the company shall be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and the company shall be deemed to be dissolved and removed from the records of the Registrar of Companies
What Ministry says:
MCA has a view point that Since Stamp Duty is the subject reserved for the States, the LLP Act does not contain any provision for treatment of stamp duty issues. The stamp duty payable will depend upon the relevant Stamp Act prescribed by the State Government/Union Territory.
What Professionals says;
No Stamp Duty is levied on Assets which will be converted into LLP. As, All movable and immovable properties of the company automatically vest in the LLP. No instrument of transfer is required to be executed and hence no stamp duty is required to be paid.
"So, you cannot escape from paying the Stamp Duty on transfer of Assets by way of Conversion into LLP."
Professionals, please share your opinion on this with case studies and Provisions.
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