The most straightforward and popular company structure in India for an individual to own and run a firm is a sole proprietorship. It is mainly owned and managed by one person. There are no shareholders or partners. It also considers that the business and you are legally the same, which means your personal assets and liabilities are not separate from the business. There is no need for any formal registration for a sole proprietorship, although certain registrations under various Acts (like the Shop and Establishment Act, GST) might be beneficial. Sole Proprietorship is beneficial for individuals who are starting small businesses with limited investment.
Diverse business structures offer distinct advantages. The advantages that a sole proprietorship business provides to its owners are as follows.
Quite Simple to Set Up:
There is no registration procedure required of an applicant who wants to manage their business operations as a sole proprietor. To operate their business lawfully, they simply need to obtain licenses or registrations related to their line of work.
Searching for little financial outlay:
Small businesses like retail stores, supermarket stores, and so on frequently use the sole proprietorship model since it is advantageous for low-costing concepts.
Guarantees no sharing of profits:
As exclusive proprietors, they enjoy complete control over their profits and act as the only owners of their business
Follows the basic requirements:
Since the sole proprietorship business model is not governed by any particular laws, it can function without having to comply with onerous regulations. They are able to operate without a Certificate of Incorporation or Registration Certificate, in contrast to businesses operating under the Companies Act of 2013[AS1] . Furthermore, they are not required to share yearly reports with MCA. These business must, however, continue to adhere to applicable GST compliances. Because of this, they must also register in accordance with the current GST Act.
Draw in less Tax:
Knowing about sole proprietorship tax obligations is crucial for any individual running their own business. There are still particular tax obligations to meet even though the tax authority views a sole proprietorship and a single proprietor as one and the same entity. The current Income Tax Act requires that all sole proprietors file an income tax return. In order to maintain openness and comply with tax laws, this return provides a means of disclosing the revenue and earnings the company made during a specific fiscal year.
Please keep in mind that tax estimation is done using the taxpayer's appropriate income tax slab rates. As a result, the sole proprietorship business is exempt from the necessity to file a separate tax return.
Decision-Making That Is Smooth:
When it comes to making decisions, sole proprietorship businesses are superior to other business models. It gives the owner total power to decide anything pertaining to business matters on their own, free from outside influence.
Low-income firms are not required to conduct audits:
The sole proprietorship's financial records are exempt from the need for an obligatory audit. It only becomes relevant when the revenue of the business exceeds a specific turnover criterion set by the relevant regulator.
Depending on your individual requirements, starting a sole proprietorship business in India requires getting a number of permits and registrations. Although there isn't a single, centralized registration procedure, the following is a rough rundown:
Step 1 PAN Card:
Any Indian firm that wants to become legally recognized must acquire an Company PAN number[AS1] . The taxpayer must have synchronized their PAN card in order to file an IT return. To obtain the Aadhar number legally, the applicant can go to the closest Aadhar, Seva Kendra, or E-Mitra.
Step 2: Registration of Shop and Establishment Act:
In most states, this registration is required within 30 days of starting operation. One can also contact the local labor department for further information.
Step 3: MSME Registration (UDYAM):
Registering on the UDYAM portal offers government benefits for micro, small, and medium organizations.
Step 4: Registering GST:
It is mandatory to register for GST if your annual income is more than 20 lakhs[AS2] . Expect few cases where the limit is 10 lakhs.
Step 5: Business Bank Account:
Create a separate bank account to maintain a clear financial record for the business.
Yes, provided the income of the sole proprietor is above the prescribed threshold limit as mentioned in GST law.
Commencing a sole prop business is not that tedious. To commence a sole proprietorship, all you need to do is:
A sole proprietorship (aka sole trader, individual entrepreneurship, or simply Proprietorship) refers to a type of unincorporated establishment that is owned by a single person only. It is a simple business form that is quite popular in India.
The sole proprietorship model defies the concept of salary being transacted within the business. Whatever the owner earned as a sole proprietor is deemed his/her profit, not pay. However, you have the right to employ individuals and pay them a sole, but you cannot pay yourself that way.
Yes, a sole proprietor can be considered as self-employed because they operate business individually & do not work as an employee. Owing & operating your business affairs legally termed you as a self-employed business owner.
A sole proprietor lacks the adequate option for funding and third-party credit. Partnerships enable the business owner to share the operational and financial liabilities, thereby ensuring seamless growth for the business.
Most local establishments function as sole proprietorships, from grocery outlets to food vendors & even small manufacturers & traders. That doesn't mean that larger businesses cannot function as sole proprietorships. However, it is not advisable from a growth standpoint.
A proprietorship can be started with any amount of minimum capital.
The Proprietor must be an Indian citizen and a Resident of India.
Proprietorship firms do not have a Certificate of Incorporation.
A business operated by proprietorship firm cannot be transferred to another person, unlike a Limited Liability Proprietorship or a Private Limited Company. Only the assets in the Proprietorship can be transferred to another person through the sale. Intangible assets like Government approvals, registrations, etc. cannot be transferred to another person.
Proprietorship firms are business entity that are owned, managed and controlled by one person. So Proprietorship firms cannot issue shares or have investors.
Yes, only one person is required to start a Proprietorship and a Proprietorship can have only one promoter.
The Proprietor must be an Indian citizen and a Resident of India. Non-Resident Indians and Persons of Indian Origin can only invest in a Proprietorship with prior approval of the Government of India.
To open a bank account for a Proprietorship, Reserve Bank of India mandates that the proprietor provide two forms of registration for the Proprietorship along with the PAN Card, identity proof and address proof of the Proprietor. The two forms of registration can be any two of the following: service tax registration, MSME registration, VAT/TIN/CST registration, shop & establishment Act registration, Professional license, Chartered Accountant certificate or others as provided in the RBI Know Your Customer norms
The PAN card of the Proprietorship, as well as the Proprietor, is the same. Hence, the firm will not have a separate legal identity. The assets and liabilities of the proprietor and the proprietorship is the same.