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SAHU & ASSOCIATES:Proprietorship Firm is most common structure opted by merchants and service providers. A sole proprietor becomes single owner of business. The law treats sole proprietor and his buisness as same and he is held personally liable for all business debts. The low cost of registration, minimum compliances make it a desirable option for small buisnesses.
A sole proprietorship is a type of unregistered business entity that is owned, managed and controlled by one person. Sole proprietorship's are one of the most common forms of business in India, used by most micro and small businesses operating in the unorganised sectors. Proprietorships are very easy to start and have very minimal regulatory compliance requirement for started and operating. However, after the startup phase, proprietorship's do not offer the promoter a host of benefits such as limited liability proprietorship, corporate status, separate legal entity, independent existence, transferability, perpetual existence - which are desirable features for any business. Therefore, proprietorship registration is suited only for unorganised, small businesses that will remain small and/or have a limited period of existence.
There is no mechanism provided by the Government of India for the registration of a Proprietorship. Therefore, the existence of a proprietorship must be established through tax registrations and other business registrations that a business is required to have as per the rules and regulations. For instance, VAT or Service Tax or GST Registration can be obtained in the name of the Proprietor to establish that the Proprietor is operating a business as a sole proprietorship. Thus, all the registrations for a proprietorship would be in the name of the Proprietor, making the Proprietor personally liable for all the liabilities of the Proprietorship.
Reasons to Register a Proprietorship Firm
Sole Proprietorships are only recognised via their government and tax registrations, so the extent of their compliance is limited to the annual filing of their service, professional or sales taxes.
Easy to Start
Proprietorship needs minimal registration. Therefore, it is one of the easiest form of business entity to start with minimal formalities. However, after starting up a Proprietorship, it is relatively harder to open a bank account or obtain a payment gateway in the name of the business - since more registrations like VAT or Service Tax or GST Registration may be required.
Since the name of a proprietorship is not registered, a proprietorship can choose to have any name - as long as it does not infringe on a registered trademark. However, since the name is not registered, any other person can also use the same business name unless trademark registration is obtained.
Proprietorship with less than Rs. 3 lakhs of income is not required to pay any income tax, as proprietorship's are taxed as the individual owing the business. However, unlike a company or LLP, a proprietorship cannot enjoy some of the tax deductions, which could potentially increase the tax liability.
Proprietorship is the only type of business entity that can be registered and operated by one person. To register a one person company, a nominee Director is required and for all other types of entities like company or LLP or partnership firm, two or more promoters are required.
Easy to Close
The Proprietor and the proprietorship are one and the same for all legal purposes. Hence, there is no formality for winding up or closing a proprietorship. In most cases, to close a proprietorship, only the tax registrations obtained in the name of the proprietor must be cancelled.
A Sole Proprietorship is inexpensive as compared to a One Person Company (OPC) and, thanks to the minimal compliance requirements, is inexpensive even over the long-term. You would not need to hire an auditor, for example. This is why, despite its severe shortcoming (unlimited liability), small merchants and traders opt for it.
Documents Required For Sole Proprietorship Registration
1. PAN card of the proprietor
2. Address proof of the proprietor
3. Specimen signature
4. Passport size photos of proprietor
5. Personal monthly bank statements
6. No objection certificate from the owner
7. Ownership proof
8. Rent agreeement of your registered office
How we help with proprietorship registration?
Makemyregistration.in can help you register a proprietorship in 3 to 5 days, subject to government and client processing time.
Proprietorships do not have a specific process for incorporation. Hence, our Business Advisors will advice you on the way the best way for establishing the identity of the Proprietorship firm and opening a bank account, on a case by case basis.
The identity of a Proprietorship can be established through Tax Registrations like TAN or VAT registration or Service Tax registration of GST registration in the name of the proprietor. Hence, based on the type of business, the relevant tax registration is obtained for the business.
Udyog Aadhaar is a registration for all micro, small and medium sized businesses. Udyog Aadhaar registration along with a tax registration can be used for opening of bank account. Hence, Udyog Aadhaar registration is obtained for the business.