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Sole Proprietorship Compliance

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Sole Proprietorship Compliance

As per the data, over 60% of the businesses in India are sole proprietorships. It is one of the most uncomplicated and most chosen business structures in India, especially among small business owners, independent professionals, and freelancers. It is in demand for its ease of formation, minimal legal formalities, and complete control over business operations. Unlike other business entities, a proprietorship does not require complex registration procedures. It is an ideal choice for individuals looking to start a business quickly with lower costs and fewer compliance burdens. It is important to understand that merely setting up a proprietorship is not the end in India; the proprietors must adhere to mandatory compliance to ensure smooth operation of the business and avoid complications.

Compliance is essential for maintaining business credibility, securing financial support, and preventing penalties. Furthermore, the sole proprietor needs the necessary licenses, like FSSAI, GST, etc., maintains financial records, and adheres to labour laws if employees are hired in the proprietorship. Any sole proprietor must understand these requirements, as non-compliance can lead to fines or operational challenges.

What is a Sole Proprietorship?

A sole proprietorship is a simple, unincorporated business structure owned and managed by a single individual. It does not require formal registration, but depending on the nature of the business, the owner may need to obtain licenses such as GST registration, a trade license, or an FSSAI license (for food-related businesses).

The advantage of a sole proprietorship is that:

The owner has complete control over decision-making.
Flexibility in managing the business.

However, it also comes with certain risks, as the proprietor is personally liable for all debts and losses. This means that in case of financial distress, personal assets could be at risk.

Compliance Requirements for a Sole Proprietorship in India

1. Business Licenses

Proprietors must obtain licenses based on their business nature and location. Common licenses include:

GST Registration: It is mandatory if the annual turnover exceeds ₹40 lakh (₹20 lakh for unique category states) or for businesses involved in interstate transactions.
MSME (Udyam) Registration is optional but beneficial for access to government schemes, subsidies, and loans.
Shop and Establishment Act License: This is required by state-specific regulations for businesses operating within commercial premises.
Trade License: It is obtained from local municipal authorities and is necessary for businesses operating within city limits.
FSSAI License: This is compulsory for companies involved in food-related activities, including manufacturing, trading, and distribution.
Professional Tax Registration: This is required in states where professional tax is applicable.
Import-Export Code (IEC): It is essential for businesses engaged in international trade.

2. Income Tax Compliance

A sole proprietorship’s income is taxed under the individual slab rates applicable to the proprietor.

Age of the Proprietor	Income in a year	Income Tax Rate %
Below 60 years of age	Up to ₹2,50,000 ₹2,50,001 to ₹5,00,000 ₹5,00,001 to ₹10,00,000 Above ₹10,00,000	0 5% 20% 30%
Between 60-80 years of age	Up to ₹3,00,000 ₹3,00,001 to ₹5,00,000 ₹5,00,001 to ₹10,00,000 Above ₹10,00,000	0% 5% 20% 30%
Above 80 years of age	Up to ₹5,00,000 ₹5,00,001 to ₹10,00,000 Above ₹10,00,000	0% 20% 30%

a. Income Tax Return (ITR) Filing:

Proprietors must file their income tax return under individual slab rates.

Form ITR-3 shall be filed if the proprietorship is run by the HUF or any other proprietor.
Form ITR-4 shall be filed if the property takes benefit under the presumptive taxation scheme.

b. Presumptive Taxation Scheme:

A sole proprietor can opt for the Presumptive Taxation Scheme under sections 44AD, 44ADA, and 44AE of the Income Tax Act, 1961.

Section 44AD: Businesses (excluding professionals) with turnover up to ₹2 crore can declare 8% or 6% of turnover as income.
Section 44ADA: Professionals with turnover up to ₹50 lakh can declare 50% of gross receipts as income.
Section 44AE: This is Applicable to transport businesses with up to 10 vehicles.

c. Income Tax Audit:

If the proprietorship's total turnover exceeds ₹1 crore (₹50 lakh for professionals), a tax audit is mandatory under Section 44AB of the Income Tax Act, 1961.

d. Advance Tax Payments:

If the proprietorship's total tax liability exceeds ₹10,000 in a financial year, the proprietor must pay an advance tax in quarterly installments to avoid interest penalties. The due date to file the Advance Tax is:

15^th June: 15% of the total advance tax.
15^th September: 45% of the total advance tax.
15^th December: 75% of the total advance tax.
15^th March: 100% of the total advance tax.

f. TDS (Tax Deducted at Source):

If the proprietor makes specified payments such as rent, professional fees, or salary above the threshold limits, then the proprietor has to deduct TDS and deposit with the government.

3. Goods and Services Tax (GST) Compliance

Businesses registered under GST must file the following returns:

GSTR-1: Monthly or quarterly filing for outward supplies.
GSTR-3B: Summary return for tax payments and input tax credit claims.
GSTR-9: Annual return (mandatory if turnover exceeds ₹2 crore).
E-Way Bill Compliance: It is required for transporting goods worth more than ₹50,000 across state borders.

4. Accounting and Financial Compliance

Books of Accounts Maintenance: Businesses with turnover exceeding ₹25 lakh or income over ₹2.5 lakh must maintain proper books of accounts, including cash flow statements, profit and loss statements, and ledgers.
Bank Reconciliation: Regular reconciliation of business transactions with bank statements to ensure accuracy in financial records.
Audit Requirements: If the proprietorship's turnover exceeds ₹1 crore (₹50 lakh for professionals), a tax audit by a Chartered Accountant is required under the Income Tax Act.

5. Employee-Related Compliance (If Applicable)

PF Registration: It is mandatory for businesses employing 20 or more people.
ESI Registration: It is required if a business employs 10 or more individuals (in applicable states).
Payroll & Salary Compliance: Proper payroll records must be maintained, and salaries should be paid as per minimum wage laws.
TDS on Salary: TDS must be deducted if an employee's taxable income crosses the threshold limit.

Consequences of Non-Compliance

Non-compliance with tax, legal, or regulatory requirements can lead to:

Penalties and Fines: Late filings and non-compliance attract fines from tax authorities.
Legal Consequences: The government can take legal action, leading to business closure.
Loss of Business Credibility: Investors, banks, and clients may avoid dealing with non-compliant businesses.
Tax Scrutiny and Investigations: Non-compliance can trigger audits and tax scrutiny from authorities.

Why Choose Kanakkupillai for Proprietorship Compliance Services?

Kankakkupillai is the leading consultancy company in the Indian market offering expert solutions in business registration, compliance, and legal advisory services. Our team of skilled professionals offers:

Expert Guidance: Our team of professionals ensures accurate and hassle-free compliance for your sole proprietorship.
End-to-End Compliance Support: Our team of experts handle everything from TDS, GST, and EPF filings to tax audits.
Timely Filings & Reminders: We track deadlines and send timely reminders to avoid penalties.
Dedicated Support Team: Personalized assistance to resolve your compliance queries anytime.
Legal Accuracy & Compliance Assurance: Our team of professionals stays up-to-date with tax law and compliance requirements and thereby ensures 100% adherence to Indian tax and business laws.
Hassle-Free Online Process: Quick and easy documentation from the comfort of your home. No waste, trusted by more than 50,000+ national and international clients.

Ensure your Proprietorship remains compliant with all legal and tax regulations. Contact us today for professional assistance and stress-free compliance management!