What is Sole
Proprietorship Firm?
A proprietorship Firm is a
easiest form of business entity in India. You may ask why it is easy to form.
Its simply because there is no Government regulation to form a Proprietorship
Firm as compared with a Private
Limited Company or Partnership
Firm. Sole Proprietorship is nothing but Single Ownership. Only one person
controls the entire business. The Proprietor and the Proprietorship Firm are
both considered as one single entity.
Features of Sole
Proprietorship Firm:
1. Single owner controls the entire business
2. No much legal compliances.
3. Unlimited Liability on Proprietor
4. Both the Proprietor and the Firm are considered as a
single entity
Difference between Proprietorship Firm, Partnership and Private Limited:
SN
|
Field
|
Proprietorship
|
Partnership
|
Private Limited Company
|
01
|
Ownership
|
Single Owner
|
Partners are owners
|
Share holders are owners of the Company
|
02
|
Managed by
|
Owner himself
|
Partners manages the business activity
|
|
03
|
Governing Act
|
No Specific Act
|
Partnership Act, 1932
|
The Companies Act, 2013
|
04
|
Liability
|
Proprietor is personally Liable all the Liabilities
|
Partners are individually as well as collectively responsible for all
the losses
|
Liability of Directors and Members are Limited to their shares.
|
05
|
Registration
|
No specific formality
|
Registration is optional as per the Indian Partnership Act, 1932
|
ROC Registration is compulsory
|
06
|
Maximum members
|
Only One
|
Unlimited
|
Maximum of 200 members
|
1. Decision making: The most
primary advantage of a Proprietorship firm is that the easy decision making. As
the single proprietors is the controlling authority of a business, there is no
need for obtaining any approval from any BOD or partners.
2. Easy to form: As there is no
legal requirement to form a Proprietorship, it is easy to get established. Even
there is no big money is required to form a company
3. No restriction on Capital: The
law doesn't insist on any minimum capital or not even restricts on maximum
capital. So the proprietors can start his business with any capital that
requires or suits his business.
4. Tax benefits: Unlike Private
Limited or Partnership it is not flat 30% income tax to be paid. There is a
slab. which he had mentioned in detailed below.
Taxation
for Proprietorship Firm
Is it need to have
a separate PAN Card for Proprietorship Firm?
Taxable
income
|
Tax
Rate
|
Up
to Rs. 2,50,000
|
Nil
|
Rs.
2,50,000 to Rs. 5,00,000
|
10%
|
Rs.
5,00,000 to Rs. 10,00,000
|
20%
|
Above
Rs. 10,00,000
|
30%
|
As the proprietor and the firm are considered as single
entity, The proprietorship firm cannot obtain a separate PAN Card.
Field Specific
Mandatory Registrations
Is there any mandatory requirement to run a business? Yes
each business requires field specific registration. Eg. If it is Hotel, he need to obtain FSSAI, Corporation Licence, and GST (or) if it is a Garments Industry, it need to obtain Pollution Control License.
Apart from that there are some conman licenses and Registrations
GST Registration: Goods and Service Tax Registration is mandatory if you are
supplying Goods/Service within India. The basic exemption limit is Rs.20 Lakh.
It will take minimum 3 to 4 days to obtain a GST Certification.
Required Document
PAN Card,
Aadhar Card,
Passport size Photo,
Rental deed,
EB Card,
Cancelled Cheque.
MSME: Micro Small Medium Entrepreneurs
also called as Udyog Aadhar registration. As small scale industries are the back bone of
the Country, Government is providing various schemes to the small and medium
scale industries through MSME. The MSME registration is issued by the State Government
and now from 2015 it is changed as Udyog Aadhar.
Micro Industry is which does not exceed Rupees 25 Lakhs of Capital
Small Scale Industry is which does not exceed Rupees 5 Crores.
Medium Scale Industry is which the capital does not exceed 10
Crores
The document that is required for
obtaining UdyogAadhar/MSME are that the Proprietor's Aadhar Card and Bank
Account details.
Trademark Registration: Trademark Registration protects your
Company name, Brand Name and also Logo of any organisation. You would have seen
with ™ & ® which represent Pending and Registered Trademarks Respectively.
This will act as a proof to fight against Duplications.
A.Arivazhagan
Adovate
http://leintelligensia.com/
Cell: 9941993399
Comments
How to convert a proprietorship Firm to a Private Limited in India