Identify the Type of Asset
• Check if the transferred asset is a short-term or long-term asset
• Long-term applies if held for more than 36 months before transfer
• Type of asset includes land, building, shares, or business interest
• Capital gain rules differ for depreciable and non-depreciable assets
• Nature of asset determines indexation and tax treatment
Determine Full Value of Consideration
• Consider the actual sale or transfer amount received by LLP
• Include any cash, property, or benefit received from transferee
• In case of partner exit, consider amount paid on retirement
• For reconstitution, consider fair market value of received assets
• If undervalued, fair market value may be substituted as per law
Deduct Cost of Acquisition
• Subtract original purchase price or capital introduced in LLP
• Include expenses incurred to acquire the asset legally
• Use indexed cost for long-term assets to adjust for inflation
• For self-generated assets, cost may be treated as zero
• Ensure that cost details are backed by proper documentation
Deduct Cost of Improvement and Transfer
• Subtract expenses related to improvement or modification of asset
• Include renovation or upgrade costs that enhance value
• Deduct costs such as brokerage, legal fees, or transfer charges
• Must be directly related to asset and supported by receipts
• Final cost includes both acquisition and improvement expenses
Apply Capital Gains Tax Provisions
• Apply 20% tax rate for long-term capital gains after indexation
• Apply slab rate or 15% for short-term capital gains based on asset
• Capital gains must be reported in LLP’s income tax return
• Set-off and carry forward rules apply if there’s a loss
• Use professional guidance for complex asset restructuring or exits
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