FAQ FOR VALUATION OF UNQUOTED SHARES SECURITIES AS PER SECTION 50CA AND SECTION 56(2)(X)UNDER RULE 11UA(1)(C)(b) FOR TRANSFER OF SHARES & SECURITIES
- Cana person sale its unquoted shares at less then its fair market value?
ANS :No, a person can not sale unquoted shares at less then fair market value calculated as per rule 11UA(1). If the person does so then he has to pay tax on the difference between fair market value and the sales consideration, he/she has received. The buyer has to also pay the tax on the difference between FMV and the purchase consideration as per provision of section 56(2)(x).
- Whencan a person sale its unquoted shares at less then fair market value?
ANS: Any unquoted shares received by the buyer Under the following circumstances would be outside the ambit of section 56(2)(x) – From any relatives, on the occasion of marriage, under a will or inheritance or in contemplation of death etc.
- Whethervaluation is required in case shares held as stock in trade?
ANS :No, if the unquoted shares are held as stock in trade, then section 50CA and provision of section 56(2)(x) is not applicable and valuation is not required.
- Whethervaluation is required in case of transfer of preference shares (OCRPS, CCPS)?
ANS :Yes, valuation is required in case of transfer of preference shares (OCRPS, CCPS) as per provision of rule 11UA(1)(c)(c).
- Whatwill be Valuation of unquoted shares in case shares held before 1st April 2001? ANS : In case, unquoted shares held from previous date before 1st April, 2001, then the cost of acquisition of shares will be of 1st April, 2001 and the valuation of the unquoted shares has to be done as per provisions of rule 11UA(1)(C)(b)
- WhetherValuation required in case of shares held in Calcutta listed companies?
ANS :Yes, it will be considered as not regularly traded shares within the meaning of section 50CA hence valuation is required.
- Whethervaluation is required in case of shares transferred by a Trust, PF, HUF, AOP or BOI?
Ans :YES
- WhetherFair market value can be taken for valuation of Land and building in place of stamp duty value for transfer of unquoted
ANS: No, stamp duty value or circle rate has to be considered only for valuation of Land & Building.
- Whathappens when the networth of the company is negative or the fair value as per rule 11UA(1) is
ANS :We should take a minimum value (i.e. Rs. 1 per share) of the unquoted shares in case of transfer of unquoted shares.
- Whatshould be date of balance sheet in case of valuation as per rule 11UA(1)
ANS: The balance-sheet of such company (including the notes annexed thereto and forming part of the accounts) as drawn up on the valuation date which has been audited by the auditor of the company.
- Contingentliability not shown in the balance sheet, whether it should be taken as liability?
ANS: NO
- WhetherUndeclared dividend to be taken as liability?
ANS: NO, Onlydividend which is declared and which is showing in the Balance sheet has to be taken as liability.
- Whetherthe valuation report is required from a Registered Valuer under rule 11UA(1)
ANS : No, It can be prepared by any chartered accountants in prace
- Whathappens in case the company holds any paintings or sculptures in its Balance
ANS: The value of the paintings or sculptures is required to be taken from a report of registered valuer in respect of the price it would fetch if sold in the open market.