• Want to convert the property in to a firm and claim the income as firm income in partnership

Want to convert the property in to a firm and claim the income as firm income in partnership
Asked 6 years ago in Property Law
Religion: Muslim

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15 Answers

If you own the property and are one of the partner/s in a registered partnership firm, then the property you own can be contributed as Capital by you into this partnership firm and later on the income derived from this property can be shown as income of the partnership firm and each of the partners can claim their respective share/s from out of this income, which become the income of the partnership firm.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Crate a partnership firm and than execute conveyance deed to trasfer property to firm. Stamp duty payable. Or bring your personal assets in the partnership firm, as contribution to capital and same shall be mention in partnership deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to create firm first and then transfer the property through a deed to the Firm.

See in case you are creating a propertiorship firm then same would be taxable under your income tax only in case of partnership firm same can be taxed under PAN card of firm.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can bring your immovable property into firm as your capital contribution 

 

2) it would be recorded in books of account of firm 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

deed of partnership should be registered 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Without registration, no existence of partnership firm. Certainly, Only partners will contribute fund/assets to firm and distribute profit acc. to % of contribution.

Will get GST on registered deed on firm name.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  Personal Assets of a Partner, can be irrevocably transferred to a Partnership Firm, ONLY by executing proper stamp duty paid Registered Deed/s AND NOT OTHERWISE.

2.  AFTER above Firm, can claim taxable income generated from the above Assets. Further IF the Firm's gross turnover crosses 40 lakhs THEN GST registration  becomes compulsory.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to transfer the same in firms name from personal name and do the needful

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

First of all you have to change the land use of your property and change the land use under section 143 after that you can use the property commercially you can get the GST registration on that and you can enter into partnership deed as per the partnership agreement you can bring your personal assets into partnership as part of your capital there is no problem if your partner is agreed to this arrangement

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If the property is included as your capital contribution, the Partnership Deed must be reconstituted and amended and necessary registration fee must be paid once again on the amended Deed. Based on this, GST number may be applied for.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

If you want to bring the immoveable property in to the partnership firm, you will have to first transfer it in the name of the firm. It becomes the firm's property.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can take new PAN register GST after registering partnership deed along with opening an account,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

As per facts,

1). you have to modify your partnership deed and mention that property which one you convert into the firm.  

2). Partnership deed must be registered.

3). No need to create a new GST. 

 

You can me call through KAANOON for more advice.

Mukesh Kumar
Advocate, Jaipur
92 Answers

If you want the property to become a firm's assets then you may have to  transfer the property to the firm either by a registered sale deed or gift deed after which it becomes the firm's property.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Registering a partnership  firm is not mandatory however it would be advisable to register the partnership firm.

Contribution to the partnership firm towards your share has nothing to do with the registration of the firm.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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