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Sole Proprietorship Registration in India: A Detailed Guide

  • Writer: Bhavika Rajput
    Bhavika Rajput
  • 14 hours ago
  • 6 min read

In India, the sole proprietorship is a particularly popular business structure. Surprisingly, this company model does not require government registration. Nonetheless, it is advised to choose registrations such as MSME, shop establishment, and GST. The sole proprietorship is the most basic type of business form. This necessitates the least amount of paperwork and formalities, making it an easy method to start a business. We will explain the process of registration of a sole proprietorship business in India.

Table of Contents

What is a Sole Proprietorship?


In India, a sole proprietorship is a typical business structure. One individual creates and runs a sole proprietorship business. The greatest candidates for this kind of business structure are those who want to launch a company with less capital. No registration is necessary. A minimal amount is required to launch a single proprietorship firm from home or on a property. The sole proprietor or owner who makes an investment in the company has complete control over it. He keeps all the company's gains and all its losses. Although he can designate others to run the company, he will retain complete ownership. A sole proprietorship can be used to start a variety of small enterprises, including supermarkets, salons, shops, retail establishments, etc. A sole proprietorship can be formed by even small producers and traders.


Advantages of Sole Proprietorship


  • Fewer compliance requirements: One individual can create a sole proprietorship firm with ease. A minimal level of compliance must be met for it to be incorporated. Due to its lower startup costs compared to a company or limited liability partnership, this business model is cost-effective.


  • Command of the company: The business will be entirely under the sole proprietor's control. He will handle every aspect of the business operations. Since only one person is managing the company, confidentiality may be preserved.


  • Making decisions quickly: All business-related decisions are made by the individual proprietor. Only one individual has the authority to make decisions. As a result, choices can be made fast and without consulting anyone else.


Disadvantages of Sole Proprietorship


  • Liability without limit: As a sole proprietor, a business owner is subject to unlimited liability, which is perhaps the biggest downside. He has personal responsibility for every commercial transaction he engages in. He will have to use his assets to cover the full cost of any losses.


  • No unending succession: There is no everlasting succession; therefore, if something were to happen to the only person running the company, it may terminate. It may stop working at any moment. Because of this, the company is untrustworthy and finds it challenging to win over the public to enter into contracts or agreements to grow.


  • Fundraising is challenging: Since the company is run by one individual, raising money is difficult. The sole proprietor's investments are the source of the company's capital. There is no legal distinction between the owner and a sole proprietorship. It is challenging to raise money from other parties because it is not a distinct entity and can stop at any point.


Methods to Register Sole Proprietorship


Three procedures are available for registering a sole proprietorship:



Steps to Register a Sole Proprietorship in India


A sole proprietorship can be incorporated using the following process:


Step 1: Start by making a PAN card application. Once the sole proprietor receives a PAN card, or if they already have one, the following step is to keep the business's name consistent.


Sep 2: Opening a bank account in the company's name is the next step. All business transactions will be done using this business bank account.


Step 3: Starting a sole proprietorship does not require any registration, but to conduct business, a sole proprietorship firm must get a few essential registrations. The following crucial details must be registered by a sole proprietorship:


Step 4: The Shops and Establishment Act of the state where the business is located requires the proprietor to get the Registration Certificate.


Step 5: If the firm's revenue surpasses Rs. 20 lakhs, the sole proprietorship needs to additionally file for GST.


A sole proprietorship may also register under the MSME Act as a Micro, Small, and Medium Enterprise (MSME). While this is not required, it is advantageous to do so.


Documents Required for Sole Proprietorship


The following paperwork is needed to register a sole proprietorship:


  • The Aadhaar card.

  • The PAN card.

  • Proof from the registered office.

  • A bank account.


The sole proprietorship checklist is stated as follows:


  • PAN card belonging to the owner.

  • The company name and address.

  • Bank account under the company's name.

  • The Shop and Establishment Act of the state governs registration.

  • GST registration is required if the company's annual revenue is above Rs. 20 lakhs.


Steps to Get GST for Sole Proprietorship in India


Use these procedures to obtain GST for your sole proprietorship:


Step 1: Visit the https://www.gst.gov.in/ GST website.


Step 2: Select "Registration" after selecting "Services."


Step 3: Select "New Registration".


Step 4: Provide the required information, including your mobile number and PAN.


Step 5: Enter the OTP that was sent to your cell phone number.


Step 6: Fill out the application and attach the required files.


Step 7: Send in your application.


An Application Reference Number, or ARN, will be sent to the email address and mobile number you registered. You will receive your GSTIN and a registration certification upon approval of your GST application.


Compliance Requirements for Sole Proprietorship in India


The following tax requirements must be met if you are a sole proprietor:


  • File your income tax returns annually by the deadline set by the tax authority if your income is in the tax bracket.

  • You must file GST returns by the relevant frequency and regulations if you have registered for GST.

  • You must download TDS certificates and file TDS returns in the required format and procedure if your company is the subject of a tax audit.


Times for Registration of Sole Proprietorship in India


In order to operate as a sole proprietor, a business must get a PAN card and open a bank account in its name. Moreover, it should also obtain a Certificate of Registration under the state's Shop and Establishment Act and register for GST. The clearance and response from the relevant department are required, and the registration process takes about 10 days.


Conclusion


Numerous advantages come with registering a sole proprietorship in India, such as ease of creation, affordability, complete control, streamlined taxation, flexibility, low compliance needs, privacy, profit retention, and simple dissolution. These benefits make it a desirable option for people who want to launch and run their enterprises with the least amount of trouble and administrative strain. Each type of business structure has upsides and downsides. Therefore, it is crucial to thoroughly consider your unique needs and objectives before choosing one.


Frequently Asked Questions

Which law regulates sole proprietorship?


Sole proprietorships are not legally recognised; instead, they identify a person who owns and bears personal responsibility for the debts of the business. This type of business may operate under the name of the owner or may choose to use a false name.


Can I get a PAN card for a proprietorship?


Since sole proprietorships lack an independent legal personality, they do not acquire a distinct PAN card like companies do. A sole proprietorship, on the other hand, is closely linked to its owner or proprietor. As a result, the owner may choose to conduct business under the sole proprietorship using their own PAN.


Who can opt for a sole proprietorship in India?


Anyone looking to launch a firm with less capital can choose this kind of business structure. It can be begun in a time frame of 10-15 days. Additionally, you are the only one with control over the company.


What is the cost of GST registration for a sole proprietorship?


India does not charge a GST registration cost. You can register as a GST taxpayer on the Indian government's official website for free. You are not required to pay anything for GST registration. It is regardless of whether you are a business, partnership, proprietor, or individual.


Is GST required for a sole proprietorship?


In India, if you are a sole proprietor and your annual turnover exceeds Rs. 20 lakhs, you are required to register for GST. However, you can choose to voluntarily register for GST even if your sales are less than Rs. 20 lakhs.


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