Sole Proprietorship is a business managed by a single person that is “one-man organization where a single individual owns, manages and controls the business.” It is not mandatory to work ‘alone’ if you are in sole proprietorship—it is possible for the sole proprietor to hire other people for help in work. Only appropriate or proper licensing to conduct a business and registration of business name if it differs from the sole proprietorship is required.It does not require a registration as such. There is no government registration needed in order to start a sole proprietorship business in India. You don't have to go to an online registration portal and fill up a form or submit any documents. One of the primary benefits is ease of formation, since a government registration is not required. There are no fees to be paid for starting a one-man business on your own, and there is no government regulatory paperwork and compliance to be fulfilled. There are no minimum capital investment requirements, and the proprietor has full control and ownership stake.
However, you do need to open a current account with a bank in the name of the business. A current account in turn requires that you have a specified location from which you are doing business. The bank will ask you to submit at least two documents as proof of business location in the form of government registrations such as shop act license, service tax, GST, etc. A sole proprietorship, also known as the sole trader or simply a proprietorship, is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. Sole Proprietorship examples include small businesses, such as a single person art studio, a local grocery, or an IT consultation service. The moment you start offering goods and services to others, you form a Sole Proprietorship. It's that simple. Any person who wants to start a business with less investment can opt for this type of business form.A sole proprietorship is the most common form of a business entity where one person is the owner and is personally liable for all the debts and liabilities of the business. It is the simplest form of an entity with minimal compliance procedures.
Once you begin conducting business on your own, you're a sole proprietorship. There is little in the way of paperwork or bureaucracy to contend with, and you don't have to report to anyone. But if you decide to expand your company, or want the legal and financial protection not offered by the sole proprietorship model, you need to incorporate your small business. Incorporating may also make it easier to attract potential investors, should you choose to do so.You get to keep whatever profit or income you generate. Furthermore, the tax benefits of sole proprietorship prevent double taxation of the firm. You will file returns and pay taxes only in your personal name. There are no separate income tax returns to be filed and no tax to be paid by the firm.
There are only two things you need to do for starting a sole proprietorship business in India.
1.Choose a business name.
2.Select a location as the place of doing business
First step starts with just opening a current account to ensure safe payments in the proprietorship’s name. Hence, generating a current account is considered to be the groundwork for starting this type of business.
The Owner has overall control and claims the ownership stake
Requires no minimum capital investment
The profit solely belongs to the proprietor
The tax assistances avert double taxation and No separate tax for the firm
Various shops in our locality carrying out small business operations are Sole Proprietorships. They do not involve any complexities and can be handled by a single person in a comfortable manner.
Sole Proprietorships do not require mandatory registrations under any law. They only require registrations or licenses specific to the nature of business. So, any person can start his/her business easily with a trade name of his/her choice. Any trade name can be used in case it does not clash with any brand name. The name does not require any approval from registry.
Sole Proprietorships can be started with a very minimal amount of investment at the initial phase. So, it is a great opportunity for those who want to set up a business with low funds as no minimum capital is prescribed for starting a Proprietorship.
Sole Proprietor is the only person who operates and manages the whole business, so 100% of the profits belong to him/her. No one else is entitled to a share in the profits earned.
Since Sole Proprietorships are not governed by any specific law, the legal compliances are minimal. They do not have a pre-defined Certificate of Incorporation or Registration Certificate. So, the compliances depend upon registrations or licenses taken by a particular sole proprietorship. For example, if a sole proprietorship registers itself under GST law, then it will have to comply with the GST return filing, etc. There is no such requirement of uploading the Annual report or other reports on the MCA website.
Since the Sole Proprietorship involves only a Sole proprietor, hence no separate tax is required to be paid by it. Sole proprietor and the Sole Proprietorship are same for the purpose of calculation of tax liability. The assets and liabilities of the Sole Proprietorship are the assets and liabilities of the Sole Proprietor. Sole proprietor is required to file his/her normal return and show the profits earned in the business in that return itself. Separate return is not required for the Sole Proprietorship firm. Also, the tax is calculated at income tax slab rates applicable to an individual. Other tax liabilities like GST will depend upon the nature of business.
Unlike Companies, Limited Liability Partnerships, etc. where financial statements and audit reports are made public for the users through MCA (Ministry of Corporate Affairs) portal, the financial reports of Sole Proprietorships remain in private hands. Even, the list of all proprietorships is not readily available with the Government officials.
Sole Proprietorship is not required to get its accounts audited each financial year under any specific law. The audit will depend upon the nature of business and the threshold turnover limits specified for the conduct of the audit. Like, a tax audit is required if the turnover/sales exceed ₹ 1 crores and for professional services, the audit is required if receipts exceed ₹50 lakh. Similarly, GST audit is required if the turnover exceeds ₹ 2 crores.
A proprietor is personally liable for all the future liabilities of the proprietorship firm, which can occur due to constant losses in the business. To pay off debt or obligation of the business, the proprietor has to sell his personal assets, like the house, jewellery etc. or face insolvency proceedings in his name. Frankly, this is a very serious demerit, and to overcome this, you may incorporate a One Person Company.
Since all the tax registrations like GST, Income Tax and Import Export Code are linked with the PAN Number of the proprietor; hence in case you wish to transfer the business to someone else then it can’t be transferred as a going concern. In other words, the business as such is not transferable.
The existence of a proprietorship firm is tied with the life of the proprietor. On the demise of the proprietor, the firm also comes to an end. The remaining assets or liabilities are then transferred to the legal heirs as per law by the court of law.
The proprietorship firm does not have the ability to raise equity fund from angel investors or the venture capital firms. The banks, NBFC and other financial institutions also do not favor financing of a proprietorship firm.
Recommended For - Small traders and manufactureres
Ease of Accoomodating Investment - Impossible
Limited Liability Protection - No
Tax Advantages - Minimal
Perpetual Existence - No
Statutory Compliances - Minimal
Applying for PAN. If you already have one this step is not required.
The next step is to name the business.
There is no formal registration required, but the next step is to open a bank account in the name of the business.
Register for GST if your turnover exceeds ₹ 40 lakh. One can also get a shop and Establishment registeration done.
You can also register as a small and medium Enterprise (SME) under MSME Act, though not mandatory, It is beneficial to be registered under the same.
You can also register as a small and medium Enterprise (SME) under MSME Act, though not mandatory, It is beneficial to be registered under the same.
Register for GST if your turnover exceeds ₹ 40 lakh. One can also get a shop and Establishment registeration done.
Any 2 of the documents can be submitted for the Bank Account opening along with the Identity and Address proof of the proprietor.
Presumptive taxation scheme is designed to help ease the compliance burden of small businesses by assuming a set profit margin on the total income of the business or profession. The computation of taxable income under this scheme is tabulated below:
Section | Computation of taxable income | Maximum turnover limit /criteria |
---|---|---|
Section 44AD (Businesses) | Payment received in cash shall be charged at 8% of gross turnover and electronic receipts shall be charged at 6% of gross turnover during the year. A higher income can be declared | Turnover up to ₹ 2 crores in a year |
Section 44ADA (Professionals) | 50% of gross receipts. A higher income of more than 50% can be declared | Annual receipts up to ₹ 50 lakhs in a year |
Section 44AE (Transporters) | ₹ 7,500 per vehicle per month or part thereof based on the duration for which the vehicle was owned by the person during the year | Upto 10 goods vehicles owned during the year |
If the sole proprietor fails to furnish a return of income within the prescribed due date, an interest on tax dues and late fee becomes applicable as per section 234F of the Income Tax Act 1961. Fee for default in furnishing return of income will be as follows:
However late filing fee shall not exceed ₹1,000 if the total income of assessee does not exceed ₹5 lakh.
Total Income Slabs in ₹ | When the proprietor is less than 60 years of age | When the proprietor is of the age of 60 years or more but less than 80 years | When the proprietor is of the age of 80 years or more |
---|---|---|---|
Up to 2,50,000 | Nil | Nil | Nil |
2,50,001 to 3,00,000 | 5% | Nil | Nil |
3,00,001 to 5,00,000 | 5% | 5% | Nil |
5,00,001 to 10,00,000 | 20% | 20% | 20% |
Above 10,00,000 | 30% | 30% | 30% |
MSME (Micro, Small and Medium Enterprises) are Enterprises engaged in providing or rendering of services and whose investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the service rendered or as may be notified under the MSMED Act, 2006.
The MSMEs are categorized in manufacturing sectors and service sectors. MSME/Udyam Registration covers only manufacturing and service industries. Trading companies are not covered by the scheme. These two sectors have been further classified based on the investment. The classification has recently been reset based on investment and annual turnover to create a greater scope of growth for the MSMEs. Below is the reset classification of the micro, small and medium enterprises.
MSME Classification- Manufacturing Enterprises and Enterprises rendering Services
Criteria | Micro enterprises | Small enterprises | Medium enterprises |
---|---|---|---|
Investment in plant and machinery or equipment | Less than ₹ 1 Cr | Less than ₹ 10 Cr | Less than ₹ 50 Cr |
Annual turnover | Less than ₹ 5 Cr | Less than ₹ 50 Cr | Less than ₹ 250 Cr |
The reason behind MSME registration being appealing is the wide-ranged benefits. Here are the MSME registration benefits.
If the current supply of goods is over ₹ 40 lakh, you need to get a GST Registration (if your business operates exclusively in the North Eastern states or Special Category States, ₹ 20 lakh) within 30 days of business incorporation.
All the service providers should obtain GST registration, if the entity’s aggregated annual turnover exceeds ₹20 lakhs per annum in most states and ₹10 lakhs in the Special Category States. However, certain category of persons are required to compulsorily get registered under GST:
Normal Category States/UT who opted for a new limit of ₹ 40 lakh | Normal Category States who choose status quo | Special Category States/UT who opted for new limit of ₹ 40 lakh | Special Category States/UT who opted for new limit of ₹ 20 lakh |
---|---|---|---|
Kerala, Chhattisgarh, Jharkhand, Delhi, Bihar, Maharashtra, Andhra Pradesh, Gujarat, Haryana, Goa, Punjab, Uttar Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Tamil Nadu, West Bengal, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Andaman and Nicobar Islands and Chandigarh | Telangana | Jammu and Kashmir, Ladakh and Assam | Puducherry, Meghalaya, Mizoram, Tripura, Manipur, Sikkim, Nagaland, Arunachal Pradesh and Uttarakhand |
Other amendments in the threshold limits under the Composition Scheme
It’s easy to start a small business by forming a Sole Proprietorship with minimal complexities. Because of lesser complexities, the sole proprietor can focus on enhancing his/her business rather than focusing on meeting various compliances. It’s a good option for those who want to provide a platform to their business idea and try out something they want to with minimal investment.
It is essential for every proprietorship firm, ranging from micro to macro size, to run their business according to legal terms and conditions. For example, if you’re working as an independent writer, developer, contractor, freelancer, photographer or a salesperson, then automatically you’re running proprietorship firm because in all that cases, you’ve to pay your debts. Nonetheless, it is not legally acceptable to run a firm without compliance registrations. Moreover, the utmost advantages of all these legal registrations revolve around.
For registering in sole Proprietorship, the following documents are required:
A proprietorship firm is the most basic form of business entity. It doesn’t have any separate legal identity, it’s quite easy to setup and it doesn’t require any minimum capital. In simple terms, you can start a proprietorship firm with zero capital. Through this post, we are going to tell you how to start your proprietorship firm with zero capital.
These firms do not require specific registration. But in order to run the business smoothly, they have an option to get registered under the following:
Any Indian citizen with a current account in the name of his/her business can start a sole proprietorship. Registration may or may not be required, depending on the type of business that is planned to be established. However, to open a current account, banks typically require a Shops & Establishments Registration.
Most local businesses are run as sole proprietorships, from grocery stores to fast-food vendors, and even small traders and manufacturers. That doesn’t mean that larger businesses cannot operate as sole proprietorships.
The procedure involved is a little tedious, but it is possible. It is very common for sole proprietors to convert into partnerships or private limited companies at a later stage of their businesses.
As the proprietor and the proprietorship are one and the identical, hence, there is no formality needed for closing a proprietorship firm. In most of the cases, via surrender of the GST certificate and close the current account leads to close a proprietorship.
No, the name of the firm is not secured after proprietorship registration and can be copied by anyone else. For this, proprietor has to apply the trademark registration after the firm’s registration.
Proprietorship firms do not have a certificate of incorporation. Only GST certificate and MSME certificate are being issued that denotes the firm has been registered.