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Start Your Proprietorship Easily
The simplest form of Business
Start your business as a proprietorship quickly within one day. All you need is MSME (Udyam Registration) & GST Registration to start the proprietorship business. For a single owner, the proprietorship is the simplest form of business and the easiest to create.
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Documents & Fee Required to Start a Proprietorship Firm
A. Documents of the Owner
- Colour Photo - Two
- Aadhar Card
- PAN card
- Cancelled Cheque
- Address Proof (Voter ID, Driving License, Passport, Bank Statement, Electricity Bill).
B. Business Address Proof
- Electricity Bill, Property tax receipt, Sale Deed, Registered Rent Agreement
- It should not be older than two months
- NOC from the Owner of Premises
- Download NOC Formate
- Download Questionnaire
All-Inclusive Package
₹2360/-
(Prof Fee Rs 2000 + GST Rs 360/-)
Include GST and MSME Registration.
Necessary to Start a Proprietorship Business
After successful payment, please download the questionnaire, fill it and
send it to us at help@setindiabiz.com along with the list of documents for further process.
Overview
Proprietorship Vs OPC
Benefits
Checklist
How To Start?
Taxation
Advantages
Disadvantages
FAQ'sStart Your Own Proprietorship Easily
The sole proprietorship formation is straightforward. There is no formal registration required. The sole proprietorship is owned and managed by a single owner; no separate deed or agreement is made. However, individual tax or local registration would be required based on the business activity and the business location. Here is the list of the most common registration for the proprietorship.
Shops and Establishment Act: The registration with the labour department under the shops & establishment act is mandatory in all states; the applicability, government fee and registration process differ from one state to another.
Professional Tax: Except in the north Indian states, almost every state imposes a tax on the profession. You should check its applicability and enrol the entity and, when employing staff, also obtain registration as an employer under PT.
MSME Registration (Also known as Udyam or Udyog Aadhar): The MSME Act provides several benefits to micro, small and medium enterprises. The registration under MSME is Aadhar Based and easy to do. We recommend every eligible business register under the MSME
GST Registration: GST is a tax on the supply of goods and services and applies when turnover crosses Rs. 40 Lakh in case of goods and Rs. 20 Lakh in case of services. To comply with GST, registration is mandatory.
Intellectual Property Registration: The IP Rights are considered the most valuable business rights in modern times; the startups must take steps to safeguard their trademark, copyright, design and inventions by filing registration In India at the earliest.
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Wondring about overall cost of Proprietorship Formation (All Inclusive).
Get a detail proposal & guide on how to start Proprietorship.
Comparison of Proprietorship With One Person Company
| Feature ⇓ | Sole Proprietorship | One Person Company |
|---|---|---|
| Meaning | The word sole denotes single, and proprietorship is for the ownership. The sole proprietorship is the most common form of business for tiny business in India, where a single individual owns and controls it. | The OPC is a fusion of sole proprietorship and the corporate form of business. The Companies Act, 2013, for the first time, introduced the OPC to enable a single person to open a company with a simplified compliance regime. |
| Registration | No formal registration of sole proprietorship is required as there is no specific law of parliament or state that regulates the proprietorship business. That is why it is so simple to start and manage. | A one-person company is incorporated under the Companies Act, 2013. The process is simple and online. Only one person is required to start the OPC. |
| Distinct Legal Entity | A sole proprietorship firm is not a separate legal entity from that of its proprietor. The proprietor and the proprietorship is the same thing. | OPC is a separate legal entity, and the shareholder/director of the OPC are different from that of the OPC. |
| Liability | The proprietor is personally liable for all the liabilities and debts of the business. To pay off these liabilities, the personal properties of the proprietor can also be attached. | In an OPC the single shareholder is not liable for all the liabilities or debts of the company, and instead, he/she is responsible for paying only the sum which may be outstanding from her subscribed share capital. |
| Number of Members | A single Individual can start a Sole Proprietorship Firm, where he alone will invest all the capital and shall be entitled to all the profits of the firm. | The OPC can be owned by only one Individual, also known as the sole shareholder. However, the sole owner of the OPC has to nominate another person to become his or her nominee. |
| Minimum Capital | You can start the proprietorship firm with any amount of capital. It means there is no minimum or maximum capital prescribed as such for a proprietorship firm. | There is no prescribed minimum capital as such. It means you may incorporate an OPC with any capital as you desire. After the 2021 budget, there is no limit on maximum capital. |
| Succession | The proprietorship business lacks the benefit of perpetual succession. With the demise of the proprietor, the firm also ends its life. The proprietor and the proprietorships are one and the same. | The OPC is recognised as a separate legal entity in the eyes of the law and the business is transferred to the nominee after the demise of the proprietor. |
| Separate Property | As there is no distinction between the the owner (proprietorship) and the sole proprietorship firm as such, the firm can not own property or assets in its name. | An OPC being a separate legal entity is capable under the law to own the property in the name of one person company. |
Benefits of Proprietorship Form of Business
Start Business in One Day
Proprietorship formation is the easiest among all other business forms, and that you can start within one working day.
100% Online Process
We help small business to start their business in an entirely online environment and without any hassle.
Ease of Compliance
The compliance requirement is significantly less, and there is no need to get the accounts audited or file any annual return.
Ease of Compliance
The compliance requirement is significantly less, and there is no need to get the accounts audited or file any annual return.
Tax Advantage
As the taxable income forms part of the Proprietor's ITR, The benefit of slab based income tax is available to proprietorship.
Easy To Close
There is no specific process to close the proprietorship firm. Surrender all registration and licenses and close business.
Checklist on Minimum Requirements to Start Proprietorship
1
Indian Citizenship: The proprietorship business is available exclusively to the Citizens of India. The FDI is not allowed in it, hence to start a sole proprietorship we need Indian Citizen capable of entering into contracts (Above 18 Years of age)
2
Business Address: The business can not be run from a residential address as per local municipality laws, hence for GST Registration, the Goods and Services Tax Department insists on the commercial premises of premises where mixed land use is permitted.
3
Capital Requirement: The sole proprietorship business is not separate from the Individual Proprietor, and There is no separate recognition of the assets of the business or that of the proprietor. Hence you do not have to worry about capital requirements. Invest as per requirement.
4
New & Unique Name: The name of the proposed new business should be unique and eligible; we advise you to check the proposed name in the database of the trademarks before its adoption
Step-Wise Process to Start a Sole Proprietorship Business
Start your business as a proprietorship quickly within one day. The process begins with the online order at setindiabiz. Once the order for proprietorship setup is processed, we will initiate the documentation and further process. As said earlier, the process is entirely online, and there is no need for you to visit our office. Please do contact us for any clarification.
Step - 1: Documentation
The process starts with documentation of the proprietor and the place of business where the firm shall carry out its business, ensuring that the documents are updated and correct. Please share the filled questionnaire and all documents at help@setindiabiz.com, quoting your order details.
Step - 2: Selection of a Unique Name
The first thing is to select a unique name for your proprietorship business. The starting point should be to search the business's proposed name in the trademark register to avoid infringement on someone else's trademark. Click here to learn more about the trademark.
Step - 3: MSME - UDYOG Aadhar / Udyam
For opening a bank account, there is a need for two documents in the proprietorship name. One of the registrations could be Udyog Aadhar, enabling an entrepreneur to seek online services offered by Government Departments apart from various other benefits under the MSME Act. Click here to learn more on MSME.
Step - 4: GST Registration
You may not supply goods or services all over India unless the proprietorship firm obtains GST Registration. However, if you are doing business only within the state, GST is not required until the turnover of Rs 40 lakh in case of Goods and Rs 20 Lakh in case of services is reached. Click here to learn more on GST Registration.
Step - 5: Other Tax Registrations
Based on the business, the proprietorship firm may obtain TAN, IEC and PT Registration. The TAN is required to comply with TDS provisions; IEC Cose is necessary for import and export business. Some states impose a professional tax, and thus, PT enrollment and registration may be required.
Taxation of Sole Proprietorship
The proprietorship is not considered as a separate entity in law, and the income of the proprietorship firm is added in the ITR of the proprietor itself. In other words, no separate ITR is filed for the proprietorship firm. The Individual slab based taxation of 5% to 30% based on the income is applicable. The deduction under section 80C to U is also available on the income of such proprietor. For the FY 2021-22, the Individual tax rate slab is as under.
| Under New Income Tax Regime U/s 115 BAC | ||
|---|---|---|
| No | Total Income | Tax Rate |
| 1. | Upto Rs. 2,50,000 | NIL |
| 2. | Rs. 2,50,000 To Rs. 5,00,000 | 5% |
| 3. | Rs. 500001 to Rs. 7,50,000 | 10% |
| 4. | Rs. 7,50,001 to Rs. 10,00,000 | 15% |
| 5. | Rs. 10,00,001 to Rs. 12,50,000 | 20% |
| 6. | Rs. 12,50,001 to Rs. 15,00,000 | 25% |
| 7 | Above Rs. 15,00,001 | 30% |
| Under the old Income Tax Regime | ||
|---|---|---|
| No | Total Income | Tax Rate |
| 1. | Up to Rs. 2,50,000 | Nil |
| 2. | Rs. 2,50,000 To Rs. 5,00,000 | 5% |
| 3. | Rs. 5,00,000 to Rs. 10,00,000 | 20% |
| 4. | Above Rs. 10,00,001 | 30% |
Advantages of Sole Proprietorship Form of Business
1.
Easy to Start
You can start the proprietorship immediately at your will, take care that the business name does not infringes someone else's trademark. You may request a free trademark search 
from us. We strongly advise you to protect your business name, logo and domain name under Trademark Law. Click here to order for Trademark Filing . As per your business needs, you can go for MSME, GST or IEC Registration.
2.
Ease of compliance
The most significant advantage of a proprietorship business is that you don't have to file any additional annual return like a company. However, please note that the taxes are applicable in the same manner as it applies to any other business format; hence you will have to pay Income Tax and GST and file required returns.
3.
Easy to Close the Proprietorship Business
To close the proprietorship, there is nothing which you have to do specifically. Pay all statutory dues like Income tax, GST etc. and surrender all the registrations taken in the name of the firm. The closing proprietorship is easier in comparison to other forms of business.
Disadvantages of Sole Proprietorship Form of Business
1.
Unlimited Liability of Business
A proprietor is personally liable for all the future liabilities of the proprietorship firm, which can occur due to constant losses in the business. To pay off debt or obligation of the business, the proprietor has to sell his personal assets, like the house, jewellery etc. or face insolvency proceedings in his name. Frankly, this is a very serious demerit, and to overcome this, you may incorporate a One Person Company.
2.
Transferability
Because all the tax registrations like GST, Income Tax and Import Export Code are linked with the PAN Number of the proprietor, hence in case you wish to transfer the business to someone else then it cant be transferred as a going concern. In other words, the business as such is not transferable.
3.
Lifespan of Proprietorship
The existence of a proprietorship firm is tied with the life of the proprietor. On the demise of the proprietor, the firm also comes to an end. The remaining assets or liabilities are then transferred to the legal heirs as per law by the court of law.
4.
Fundraising or Angel Investment
The proprietorship firm does not have the ability to raise equity fund from angel investors or the venture capital firms. The banks, NBFC and other financial institutions also do not favour financing of a proprietorship firm.
Frequently Asked Questions
What is a sole proprietorship?
A sole proprietorship firm is the oldest and simplest form of business owned and controlled by a single individual. The owner of the proprietorship firm is known as the proprietor. The proprietor alone invests the entire capital and is thus entitled to all the sole proprietorship firm's profits. The liability of the sole proprietor is unlimited to its business, and as such, there is no separation between him and his business.
Who can be a Sole Proprietor?
A sole proprietor is the absolute owner of a Sole Proprietorship Business. Any person who is above 18 years of age and who is otherwise capable of entering into a lawful contract is eligible to start a business as a proprietorship. The option to create a proprietorship is available to Indian Citizens only, and Foreign Citizens are strictly not allowed to set up or operate a proprietorship firm. However, an NRI and OCI are permitted to establish proprietorship firms subject to no repatriation of their profits.
How to Register a Sole Proprietorship Firm?
Ease of formation is the most significant feature of the sole proprietorship form of business. There is no prior registration required to start a proprietorship firm. Similarly, after starting the business, no law makes it mandatory to register the sole proprietorship. No agreement, deed, or documents are to be prepared for creating a proprietorship, and the firm's registration is also not required.
Do sole proprietorships need to be registered like LLPs or Companies?
Except for the proprietorship, there is a regulating act for different business forms, such as partnership Act 1932 for the partnership business, LLP Act, 2008 to regulate the Limited Liability Partnerships. The company law regulates the companies for a long time, and the most recent law on the subject matter is the Companies Act, 2013. LLP & Companies comes into existence after a certificate of incorporation is issued by the ROC, whereas there is no such requirement of prior registration for proprietorship firms.
What is the difference between Proprietorship and Other Forms of Business?
We have created a comparison table for easy understanding of differences between different forms of business; Please refer to the same by clicking here. Compare Forms of Business
What is the minimum amount of capital required to start a Proprietorship Firm?
A proprietorship business can be started with any amount of capital, and as such, there is no provision in the law that prescribes any minimum capital for the firm. The proprietor must infuse the firm's money based on the nature and scale of the proposed business. You shall have the ability to introduce or withdraw capital at any time from the accounts of the proprietorship business as drawings.
Do I require another person to register a Sole Proprietorship in India?
No, A proprietorship business is owned and controlled by a sole person. There is no requirement to engage any other person to start a proprietorship business.
How to open a bank account for a Proprietorship?
The Bank Account opening is regulated by the Reserve Bank of India, which has prescribed submission of at least two entity proofs for the proprietorship. To open a bank account, you may approach any bank nearest to you, and generally, they need the following documents. Please click here to read our article on the List of required documents for the proprietorship firms' opening bank account.
Can I later convert my Proprietorship into a Company or LLP?
Yes, the proprietorship can be converted to LLP or Private Limited Company. However, the conversion process is complicated, and unless it is not necessary due to existing contracts or IPR, we do not advise going for the conversion.
Will my Proprietorship firm have a Certificate of Incorporation or Registration?
There is no certificate of registration or incorporation for proprietorship business as such. The legal identity of proprietorship as an entity is determined through various other registration or licenses obtained in the proprietorship firm's name on a case to case basis. Similarly, each specific registration shall result in issuing a certificate of registration, for example, GST Certificate, MSME Registration Certificate, Tan Allotment Letter, etc.
Under which Government Authority, the application of Sole Proprietorship Firm Registration is submitted?
No law enforces the registration of a proprietorship firm. SETINDIABIZ helps entrepreneurs secure registration under MSME, GST, Shops & Establishment, etc. The MSME registration is done under The Micro, Small and Medium Enterprises Development Act, 2006 of Central Government.
Does the proprietor have to be an Indian to start a Proprietorship firm?
Yes. Only an Indian Citizen can start a proprietorship business. Similarly, no foreign funding is allowed in a proprietorship form of business. However, an NRI or a Person of Indian Origin (POI) can invest in proprietorship because the firm's profits shall not be repatriated out of India.
How are sole proprietorships treated for tax purposes?
As there is no difference between the business and its owner in the case of proprietorship, Unlike corporations, sole proprietorships are not treated separately for income tax purposes. This means that any profit derived from your sole proprietorship is treated as your income and is accounted for on your tax return. Any such income is taxed to you in the year it was received or accrued to you. The business income shall be shown as separate income in the income tax return of the proprietor.
How to Establish a Sole Proprietorship business?
The sole proprietorship is established at the proprietor's will and to start the same all you need is the PAN Number of the proprietors, the same shall be treated as the PAN of the proprietorship firm. Open a current bank account, and you are ready to do business. We recommend the protection of the Trademark of a proprietorship firm. Based on the turnover of your business GST may apply to business.
Is it difficult to open a Bank Account for proprietorship?
Opening a current account in the name of the proprietorship firm owner is very easy; all they need is to know your customer (KYC) Documents of the proprietor. However, if the bank account is to be opened in the name of the proprietorship, then the bank needs two entity proof in the firm's name. Setindiabiz Specialist shall be able to assist you in opening the account.
Am I personally liable for my business under a sole proprietorship?
Yes. Unlike other incorporated business forms, the liability of the proprietor is unlimited to the sole proprietorship. The proprietor's unlimited liability means that debt collectors can come after your assets, homes, cars, etc. For this reason alone, you should be extremely cautious while setting up a sole proprietorship. Setindiabiz.com recommends
Do I need an attorney to help me start a sole proprietorship?
We strongly recommend a consultation with our startup specialists, which is free and is available without any obligation to take our services. As every business is unique and there may be circumstances where a partnership, Limited Liability Partnership (LLP), Private Limited Company or some other kind of business structure is a better fit. You also may want to get more insight into the specific liabilities your sole proprietorship may face.
Can I register an online marketplace such as Amazon or Flipkart as a sole proprietorship?
Yes, a proprietorship firm is a legal form of business and fully recognised by e-commerce platforms such as Amazon and Flipkart. You can very well enlist your proprietorship firms with the marketplaces.
Which one is better, a one-person company (OPC) or a sole proprietorship?
Both the proprietorship and one person company is a venture owned by a single owner; the proprietors are liable for all the business's debts, whereas the OPC protects limited liability to its shareholders.
Can a person be a proprietor and a director of another company?
Yes, a proprietor is an individual and can be appointed as a director of a private limited company without any problem.
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19 Nov, 2019
I should write here .. I'm really impressed about Ms. PUJA.. You're an asset to your company Setindiabiz... I'm writing most about the person...See at Google
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19 Nov, 2019
Good company for dealing with startups especially for documentation and registration. On the time action and positive results. ........See at Google
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19 Sep, 2019
Great people, culture, All of the team, including the managers are approachable, helpful, caring and hard working.....keep up the good work....!! ...See at Google
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19 Nov, 2019
I would like to mention that Set India Biz is one of the best professional company I have worked with. All team members are customer focused...See at Google
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19 Nov, 2019
Rhanks To Sana For Being An Best Supportive Cordinator All The Time. On Start Had face a Lot of Issues because of mumbai Office but then Got in...See at Google
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19 Nov, 2019
Excellent service. Mainly, its the timely update needed which is supplied on regular intervals. Ms. Khushboo & Ms. Swati were very cooperative...See at Google
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19 Nov, 2019
The support given to me by corporate lawyer Mr. Kishore is really commendable. He was very cooperative in her approach towards our requirement and...See at Google
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30 Sep, 2019
I had a good experience with SetIndiaBiz for TM registration. Mr. Shubham who was dealing my case was very professional and clear about what is ...See at Google
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20 Sep, 2019
REALLY FAST AND PROMPT SERVICE.VERY GOOD EXPERIENCE OF SETTING UP ALL THE REQUIREMENTS WITHOUT ANY HINDERANCE. .THANKS TO THE TEAM ESPECIALLY MR. ...See at Google
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20 Sep, 2019
I hardly trust people in business society. However, the people in this company are exception. You can trust them blindly. They are unbelievably ...See at Google
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20 Sep, 2019
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