• Partner's capital in LLP

My partner wants to put occasional money in business. But at the later stage, we have to return it. So can we show this as debt and show it as loose till we return it? (He will pay it via net banking or Cheque) 
When we opened the LLP we had to pay income tax on initial capital. what can we do to avoid the tax on capital?
Asked 4 years ago in Income Tax

Income tax is not payable on capital investment by partners. 

You can take the same as loan as it is for short term needs.

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

You can show it as loan from partner. Dont show it as addition to capital.

 

You must have paid stamp duty on capital introduced and not income tax.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Yes you can show it as loan & even pay interest on it around 9-12%. BDW This is a method to restructure profit.

Income tax is always required to be paid on Income & not initial Tax. You need to grab the person who told you regarding this tax on capital thing & try to understand what he actual meant & what is it for which you paid tax.

Chirag Maru
CA, Raipur
210 Answers

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

Yes, it is better to show it as debt.

 

No, there is no tax liability on capital contribution by partners.

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hello,

 

Yes, You can show it as loan from the partner. You must have paid stamp duty on the capital contribution and not income tax.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

Firstly, You dont need to pay income tax on capital contribution in LLP. I am not sure which tax have you paid initially.

 

Further, if you eventually honna return the money, its better to show it as a a loan.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Dear Sir,

 

Here is my reply to your query:

 

You can accept the money in the LLP from the Partner as a interest free loan and can repay it later on without any time limit. All the money accepted and returned in LLP should be though the banking channels i.e netbanking, account payee cheque.

 

Thanks and Regards 

Divya Chugh 

Divya Chugh
CA, Noida
190 Answers
3 Consultations

5.0 on 5.0

- There is no tax on the capital introduced. File rectification to get the refund of tax paid. 

- For partner infusion, show it as a loan.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1037 Consultations

5.0 on 5.0

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