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How to Register a Company in India? Registering your company under the right business structure is an important decision. Find out the prose and cons of different structures.
Registering your business under the right structure of company registration in India is as important as any other business-related activity, from engineering to design to marketing to sales to support. The right business structure and company registration in India allow you to operate with efficiency and meet the business targets and objectives that have been set by different departments of the business.
Company registration in India is also a legal compliance that needs to be done by businesses. Once you have the basics correct, you also need to understand the process for how to register a company in India. Let’s take a look at these in detail below.
Before you can get to the process of how to register a company in India, you need to know the basics of company registration in India. There are many types of business structures that you can choose from. Here are some of them:
Depending on these factors, you can get your company registered under a business structure that is best suited to you. Here are the popular business structures in India.
|Company type||Ideal for||Tax advantages||Legal compliances|
|Sole Proprietorship||Small merchants and traders||– Benefit on depreciation||– Individual tax returns to be filed – Audit, if required|
|General Partnership||Small businesses where two or more people are involved||– Benefit on depreciation||– Business tax returns to be filed – Audit if applicable|
|Limited Liability Partnership||Service-oriented businesses or businesses that have low investment needs||– Benefit on depreciation||– Business tax returns to be filed – ROC returns to be filed|
|One Person Company||Sole owners looking to limit their liability||– Tax holiday for first 3 years under Startup India – Higher benefits on depreciation – No tax on dividend distribution||– Business returns to be filed – Limited ROC compliance|
|Private Limited Company||Businesses that have a high turnover||– Tax holiday for first 3 years under Startup India – Higher benefits on depreciation||– Business tax returns to be filed – ROC returns to be filed – Mandatory audit|
The form of business structure you choose while applying for company registration in India determines the type of Income Tax Return you file. Also, every type of business structure has a different level of compliances required.
For example, a sole proprietor has to file only an income tax return. But a company has to file income tax return, companies annual return and also get a compulsory statutory audit done.
Abiding by so many legal compliances requires spending money on auditor, accountant and a tax filing expert.
Hence, the task of selecting the right kind of business structure when filing for company registration in India will help you to be legally compliant as you will know what is coming your way in terms of legal compliances.
Also, some business structures are more investor-friendly than others. Investors will always have more trust in a group of people who have a recognised and a legal business structure.
For example, an investor may hesitate to give money to a sole proprietor. On the other hand, if a good business idea is backed by a recognised legal structure (like LLP, Company, etc) the investors will be more comfortable in making an investment.
On the other hand, if you want your business to have 2 or more owners and also want people to bring in investment it is best to go for HUF, Partnership Firm, Limited Liability Partnership (LLP) or Private Limited Company
If you want to spend less initially, it would be wise to go in for Sole Proprietor, HUF or Partnership Firm.
But if you are sure that you will be able to recover setup and compliance costs you can go in for One Person Company, LLP or a Private Limited Company
Business structures like sole proprietor, HUF, and partnership firm have unlimited liability. This means that in case of any default in loans the entire money will be recovered from you and the members or partners in the ratio of profit sharing.There is a high risk to personal assets in this case.
Companies and LLPs have a limited liability. This means that your liability is restricted only to the amount of contribution made or the value of shares.
The income tax rate applicable to a sole proprietorship and HUF is the normal slab rates. Also in case of sole proprietorship, the business income is clubbed with the individual’s other income.
But in case of other forms of entities like partnership and company tax rate of 30% is applicable.
Also, any business structure other than sole proprietor has to file a separate tax return.
As mentioned earlier it is difficult to get investment when your business structure is not registered. Entities like LLP and Private Limited Company are more trusted when it comes to investment. Make sure you choose the right structure. Seek the help of an expert so that you register under proper guidance.Check out our services that will help you answer your queries regarding how to register a company in India and help you with all the necessary documentation needed for company registration in India.