Sahil Seth
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Sole Proprietorship means a business entity formed by a single person and which is named on that person only. The same person is the owner of the business, manages it, and controls all the operations involved. It is very easy to form a sole proprietorship by any person who wants to start a business without going through various legal formalities. The sole proprietor should be a Citizen and Resident of India. The person who runs the business is known as the Sole Proprietor. Here Sole Proprietor is the Owner, Director, Shareholder of the Proposed Entity. The process of registering a sole proprietorship is digital which can be accomplished with the help of an expert. Benefits of registering Sole Proprietorship: The easiest form of business: We all come across various shops in our locality carrying out small business operations. All these are sole proprietorships. It is very easy to form this business. They don't involve any complexities and can be handled by a single person in a comfortable manner. Easy to start: These businesses do not require mandatory registrations under any law. Registration for only those licenses is required that are specific to the nature of business. So any person can easily start the business with a trading name of his or her choice only it should not clash with any brand name. It also does not require approval from the registry. Less investment: Sole proprietorship can be started with a minimum amount of capital at the initial phase. This turns out to be an exciting opportunity for someone with low funds and wants to set up a business. No sharing of profits earned: Sole proprietor is the person who owns and manages the business on its own. So the profits earned will also be enjoyed by him alone. Less legal compliances: Sole Proprietorship is not governed by any specific law so there are fewer legal compliances. They don't have a predefined Certificate of Incorporation or Registration Certificate. So the compliances depend upon registrations or licenses taken by a particular sole proprietorship. Eg. If sole proprietorship registers itself for GST law, then it will have to comply with the GST return filing etc. there is no requirement of uploading the Annual report or other reports on the MCA website. Secrecy of information: In a sole proprietorship, the information is not made public.unlike other companies, like Limited Liability Partnership, where financial statements, audit reports are made public for users through the MCA website. The financial reports remain in private hands. Self-decision making: Since Sole Proprietorship is managed and controlled by a single person so there will be no conflict of ideas and decisions. No specific audit requirement: It is not mandatory for a sole proprietorship to get its accounts audited for every financial year. The audit will depend upon the nature of the business and the threshold turnover limits specified for the conduct of the audit. Tax Audit is required if turnover/ sales exceed Rs.1 CR. When it comes to professional services an audit is required if receipts exceed Rs. 50 lakh. GST audit is required if the turnover exceeds Rs.2 crores. Lesser Income Tax: Since Sole Proprietorship involves only a sole proprietor, hence no separate tax is required to be paid by it. They both are considered the same for the purpose of calculation of tax liability. The Sole Proprietor is required to file his normal return and show the profits earned in the business in that return itself. Few Registrations are required for the purpose of the Proposed firm: SME Registration: Individuals require registering as an SME (Small and Medium Enterprise) as per the provisions of the MSME Act and for which an online application needs to be submitted. However, it is not compulsory but is beneficial for the company but during the time of loan requirement at a low-interest rate. The government has launched various schemes for the improvisation of SMEs registered under MSME Act. This registration is applicable when business is only in one state and the annual turnover is less than 20 lakhs. Shop and Establishment Registration: Individuals must have a shop and establishment license as per the local laws. This license is issued by municipal parties based on the number of workers/ employees in the firm. When the turnover of the underlying business is more than Rs. 20 Lakhs, then this registration is applicable. Registration under GST: Now GST registration is mandatory to carry on business activities in Amethi. For online business also you require a GST number. This registration is applicable when the annual turnover is more than 40 lakhs and 20 lakhs for businesses operating in the North Eastern States and also applicable for the business running online. GST registration can be accomplished in 5 working days with the following documents: PAN Card of the proprietor Aadhaar Card of the proprietor Passport size photograph of the proprietor Office proof Bank Statement copy with the bank account number, IFSC code, and address mentioned in it. The above registration can be made by : Filling an Application Form. Submitting a document. Obtaining a Registration Certificate. Post Compliances: File the Income Tax Returns on time. GST should be filed in case of GST registration. If liable for TAX audits, the individual should deduct TDS (Tax Deducted at Source) from employee’s income and file TDS returns.
A sole proprietorship firm does not require any specific registration, but it is advised to get some essential registrations for the better operational functioning of the firm. The registrations required for a proprietorship firm are:
It is not compulsory to get an MSME (Small and Medium Enterprise) registration, but it improves the chances of the business to get loans and helps in other legal matters. The MSME registration can be done through an online registration process on MSME official website. This is an easy process and makes it easy for sole proprietors.
Shop and Establishment Act License is not compulsory for all sole proprietorship firms but most of the firms have to obtain this license, as per the local laws of the region of the business. The Shop and Establishment License is issued by the municipal party. This license is given based on the number of employees working in a company. The registration procedure depends state-wise and business owners need to check the specific state-wise website for the registration.
Goods and Services Tax registration is essential only if annual turnover is more than Rs 40 lakh and Rs. 20 lakh for businesses operating in North-eastern states. GST registered number is also essential if the business owner wants to sell products online on e-commerce portals, such as Amazon, Flipkart, eBay, and more. It is important to note that GST registration is not mandatory for sole proprietorship firms. Getting GST registration will help the business owner to keep his/her taxation in check throughout all the transactions made in the name of the proprietorship firm.
A registered office address proof is essential for several procedures which are essential for the functioning of the business. If the office is in a rented property, the rental agreement and a NOC from the landlord of the office can be used as the office address proof. If the entrepreneur owns an office, the electricity bill issued by the municipal corporation or any other office ownership papers can work as office address proof.
Estimated time required is 15 days to start a Proprietorship firm. It may also vary according to the registration you opt for plus the professional you hire for getting the business registered.
Aadhaar card of the Proprietor: The proprietor has to submit a scanned copy of his/her aadhaar card. Aadhaar is required to register any business in India. A person cannot file an Income tax return unless his/her PAN card is linked with aadhaar card. Your Aadhaar card information and PAN card information must match if it doesn't, it should be corrected and then submitted.
PAN card of the Proprietor: PAN card is also a mandatory document for a proprietorship business registration. PAN card is issued by the Income-tax department of India which contains a unique PAN card number. All the details of the prerequisite documents should match with the details of the PAN card.
Current Bank Account Details: If the proprietor owns a PAN card and Aadhaar card, then he is liable to open a bank account in the name of his company. Identity and Address proof is also required in addition to these documents. For opening a current account you need to submit GST Registration documents also.
Office Proof: a proprietor can carry on business activities at his own or rented place. He has to provide proof of his registered office.
In case of owned property: Any utility bill such as electricity bill, gas bill, water bill, etc. along with the NOC. The bill that is submitted needs to be within the 2 months period, anything earlier than that is not accepted.
In case of rented property: Lease/ rent agreement along with the NOC from the landlord.
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