Characteristic of conversion of Partnership firm to LLP Company
The basic Characteristic of conversion of Partnership firm to LLP Company are:
- The Partnership Firm which wants to convert itself to LLP must be registered under Indian Partnership Act, 1932. Unregistered Partnership Firm can’t be converted to LLP.
- There is no security interest in its assets subsisting or in force at the time of application
- The partners of the LLP to which it comprise all the shareholders of the Company and no one else.
- No eForms should be pending for payment or processing in respect of the Company.
- No open (unsatisfied) charges should be pending against the Company.
- At least one balance sheet and annual return should have been filed by the Company after its incorporation.
Conversion of partnership to LLP is done through Palankarta.
Benefits of partnership to LLP company Conversion
Following are the benefits of Conversion of partnership to LLP company-
- Less compliance cost
- Audit necessary only if turnover and contribution exceeds Rs. 40 lacs and Rs. 25 lacs respectively.
- The partners can distribute the profits among themselves without attracting any further taxation i.e. Dividend Distribution Tax.
- Various stringent provisions that prohibits the Company to take loans from individual or give loans to the respective Director are not there in case of LLP.
- There are no restrictions on related party transactions in case of LLP.
- Separate Legal entity
- Profits can be distributed without any cost of Distribution Distribution Tax (DDT)
- Audit not mandatory upto specific turnover.
Services Offered by Us
Following are the services provided by us at the time of registration.
- DPIN for 2 Partners
- DSC’s For 2 Partners
- LLP name search & approval
- LLP Agreement
- ROC Registration
- LLP Pan Card
- LLP TAN
- Annual Compliance Guidance.
Procedure for Registration
Fill Enquiry
Form
Associate will call
and discuss in length.
Make
Payment
Complete Documentation
& Requirements
Registration
Complete
Why Palankarta?
Experienced Financial
Professionals
Deliver Service
on Time
Cost
Effective
Assured Customer
Satisfaction
No Hidden
Fees / Charges.
Frequently Asked Questions
FAQ
General Questions
No, as per the amendment in Section 115JAA of the Income Tax Act, 1961 in Finance Act, 2010 but AMT might apply.
The actual cost of the block of assets in the case of the LLP shall be the written down value of the block of assets as in the case of the said company on the date of conversion of the company into the LLP.
The amount of profits or gains arising from the transfer of such capital asset or intangible assets or share or shares not charged under section 45 by virtue of conditions laid down in the said proviso shall be deemed to be the profits and gains chargeable to tax of the successor LLP or the shareholder of the predecessor company, as the case may be, for the previous year in which the requirements of the said proviso are not complied with.
The accumulated loss and the un-absorbed depreciation of the predecessor Legal entity. Legal entity, shall be deemed to be the loss or allowance for depreciation of the successor LLP for the purpose of the previous year in which business re-organisation was effected. Further, in case of non-compliance of any of the provisions as stated in the Section Section 47(xiiib) of the Income Tax Act, 1961, then such set off of loss or allowance of depreciation in the hands of the successor LLP, shall be deemed to be the income of the LLP chargeable to tax.