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One Person Company Taxation Compliance

Taxation and Compliance Requirements for One-Person Companies in India

July 11, 2023 by Team Instabizfilings

Blog Details

In recent years, the concept of One Person Company in India has gained popularity in India. OPCs provide an excellent opportunity for sole entrepreneurs to establish and manage their businesses without needing partners. However, OPCs are also subject to taxation and compliance requirements like any other business entity. 

In this blog, we will explore the key aspects of taxation and compliance that OPCs in India need to consider.

 

Understanding One Person Companies (OPCs)

An OPC is a business structure that allows a single individual to operate a company as a separate legal entity. This unique feature provides the entrepreneur with limited liability protection, similar to a private limited company. The Companies Act 2013 governs the formation and functioning of OPC in India.

- One Person Companies for Solo Entrepreneurs: OPCS must grasp the taxation and compliance requirements to ensure smooth operations and avoid legal complications. By abiding by income tax regulations, fulfilling annual filing obligations, and adhering to the stipulations stated in the Companies Act, OPCs can establish a solid foundation for their business endeavours.

- Taxation for OPCs in India:: Currently, the basic corporate tax rate is 25%. A surcharge and cess may also apply based on the OPC's income level. By complying with the income tax regulations, annual filings, and other obligations outlined in the Companies Act, OPCs can establish a strong foundation for their business. Seeking professional assistance from Chartered Accountants and Company Secretaries can provide valuable guidance in navigating the taxation and compliance landscape for OPC in India.

- Minimum Alternate Tax (MAT): OPC in India are also subject to Minimum Alternate Tax (MAT). MAT is applicable when a company's taxable income, as per the normal provisions of the Income Tax Act, is lower than a certain percentage of its book profit. The current rate of MAT is 18.5% of book profit, plus applicable surcharge and cess.

 

Compliance Requirements for OPCs in India

1. Annual Filings

OPCs must comply with annual filing requirements. These include filing the financial statements (Balance Sheet, Profit and Loss Account) and annual returns with the Registrar of Companies (RoC) within prescribed timelines.

2. Board Meetings

The gap between two board meetings should not be less than 90 days. Minutes of the meetings must be maintained and documented as part of compliance. To navigate the intricate landscape of taxation and compliance, it is highly advisable to seek professional assistance from trusted experts.  

3. Appointment of Company Secretary

OPCs with a paid-up share capital of Rs. 10 crore or more in any financial year must appoint a full-time Company Secretary. By partnering with Instabiz Filings, OPCs can focus on their core business activities while entrusting the critical aspects of taxation and compliance to capable hands.

This collaboration will allow entrepreneurs to navigate the bureaucratic procedures seamlessly, mitigating potential pitfalls and ensuring their OPC in India operates smoothly and fully complies with the law.

4. Statutory Audit

OPCs are required to conduct a statutory audit of their financial statements. Chartered Accountants and Company Secretaries possess the necessary knowledge and expertise to provide valuable guidance. They can offer insights, interpret regulations, and help OPCs navigate the intricacies of the taxation and compliance realm.

5. Tax Audit

OPCs meeting certain turnover thresholds are also required to undergo a tax audit. If an OPC's turnover exceeds Rs. 1 crore in a financial year, a Chartered Accountant must conduct a tax audit. The tax audit report and the income tax return must be submitted.

6. Compliance with Company Act 2013

OPCs must comply with various provisions of the Companies Act 2013, such as Annual Compliance, maintaining proper books of accounts, issuing invoices with specific details, maintaining registers, and filing necessary forms and returns with the RoC.

 

Wrapping Up!

One Person Company in India (OPCs) offer an attractive business structure for solo entrepreneurs in India. However, OPCS must understand the taxation and compliance requirements to ensure smooth operations and avoid legal issues. When it comes to managing the taxation and compliance needs of OPCs, Instabiz Filings is a reputable service provider that can assist entrepreneurs with their expertise. Instabiz Filings specializes in company registration and compliance services, including OPCs. Their team of experienced professionals can provide personalized guidance, ensuring that OPCs meet all requirements and adhere to the applicable tax regulations.

With a comprehensive understanding of taxation and compliance requirements and the support of trusted professionals like Instabiz Filings, entrepreneurs can confidently establish and manage their One Person Companies, enabling them to thrive in the dynamic Indian business landscape.


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