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SOLE PROPRIETORSHIP FIRM

WHAT IS A SOLE PROPRIETORSHIP FIRM?

A Sole Proprietorship Firm (or) a Proprietorship Firm in India is a type of business structure where an individual owns and operates the business. The individual who owns the company is known as the Proprietor, and there is no legal distinction between the Proprietor and the business entity. In other words, the Proprietor is personally responsible for all the liabilities and debts of the business.

A proprietorship firm is the simplest and most common form of business in India. It is ideal for small businesses and startups that are run by a single person. Proprietorship firms have low compliance requirements, and there are no separate registration formalities required for setting up a proprietorship firm. However, the Proprietor must obtain the necessary licenses and permits to run the business.

Proprietorship firms do not have a separate legal identity, which means that the Proprietor is responsible for all the profits and losses incurred by the business. This also means that the Proprietor cannot sell shares in the business to raise capital.

To start a proprietorship firm, the Proprietor must obtain the necessary licenses and permits required for the particular business. This may include a trade license, GST registration, and any other relevant permits or registrations. Once these requirements are met, the Proprietor can start the business and operate it in accordance with the applicable laws and regulations.

SETUP

HOW TO SETUP YOUR SOLE PROPRIETORSHIP FIRM IN INDIA?

Starting a proprietorship firm in India is a relatively simple process. Here are the steps to follow:

Choose a business name:

The first step is to choose a unique name for your business. It is recommended that you check the availability of the name with the Registrar of Firms in your state.

Obtain necessary licenses and permits:

Depending on the type of business you plan to start; you may need to obtain various licenses and permits. Some standard licenses required for a proprietorship firm include a trade license, GST registration, MSME Registration, FSSAI Registration and any other relevant permits or registrations.

Open a bank account:

To operate a proprietorship firm, you will need to open a bank account (Preferably a Current Account) in the name of your business. This will help you keep your personal finances separate from your business finances.

Register for taxes:

Depending on the annual turnover of your business, you may need to register for various taxes such as GST, professional tax, and income tax.

Maintain proper records:

As a proprietorship firm, you will be responsible for maintaining adequate accounting records for your business. This will include maintaining invoices, receipts, and other financial documents.

Start your business:

Once you have completed all the necessary formalities, you can start your business and begin operating as a proprietorship firm.

It is important to note that while there is no separate registration required to start a proprietorship firm. Hence it is not necessary to obtain a PAN Card in the name of the business. Additionally, you should ensure that you comply with all the applicable laws and regulations governing your business.

DOCUMENT REQUIRED

DOCUMENT CHECK LIST

To register a proprietorship firm in India, you will need to submit certain documents. The documents required may vary depending on the state in which you plan to register your business and the nature of your business. Here are some of the common documents required:

Identity proof:

You will need to provide identity proof of the Proprietor, such as a PAN card, Aadhaar card, or passport.

Address proof:

You will need to provide address proof of the Proprietor, such as a utility bill or a rental agreement.

Business address proof:

You will need to provide evidence of the address where you plan to conduct your business. This can be utility bills (Electricity Bill, Landline Bill, Internet Connection Bill etc.) or a rental agreement.

Bank account details:

You will need to provide the bank account details of your business.

Photograph:

You may be required to submit a passport-size photograph of the Proprietor.

Trade license:

If your business involves trading, manufacturing or storing goods, you will need to obtain a trade license from the local municipal corporation.

GST registration:

If your annual turnover exceeds a certain threshold, you will need to register for GST (Goods and Services Tax). You will need to provide your PAN (of the Proprietor), bank account details, and address proof for GST registration.

Professional tax registration:

If your state requires businesses to register for professional tax, you will need to provide your PAN (of the Proprietor), bank account details, and address proof for professional tax registration.

It is important to note that the documents required for registering a proprietorship firm may vary depending on the nature of your business and the state in which it is located. It is recommended to check with the relevant authorities to ensure that you have provided all the necessary documents for registration.

ADVANTAGES

ADVANTAGES OF A SOLE PROPRIETORSHIP FIRM

Starting a sole proprietorship firm in India can be beneficial for individuals who are looking for a simple and cost-effective way to start and run their business. Some of the benefits of incorporating a sole proprietorship firm in India are:

Ease of setup:

Setting up a sole proprietorship firm is effortless and does not require many legal formalities or registration fees.

Complete control:

The Proprietor has full control over the business operations, decision-making, and management. They can take quick decisions and implement them without any approvals from other stakeholders.

Low cost:

Sole proprietorship firms are inexpensive to start and operate as they do not require payment of any registration fees or compliance with the stringent regulatory requirements applicable to other business structures.

Tax benefits:

Sole proprietorship firms are eligible for various tax benefits and deductions under the Income Tax Act, such as the deduction of business expenses, depreciation on assets, and exemption from tax audits for certain small businesses.

Flexibility:

Sole proprietorship firms offer a high degree of flexibility in terms of operations, capital investment, and expansion plans. The Proprietor can modify the business structure and operations as per the changing market conditions and business requirements.

No sharing of profits:

The profits generated by the business belong solely to the Proprietor, and there is no requirement to share the profits with any other partners or stakeholders.

Quick decision-making:

The decision-making process is fast and efficient as the Proprietor does not have to consult with anyone else before taking important decisions.

Overall, starting a sole proprietorship firm in India can be beneficial for individuals who want to create a small business with minimal investment and enjoy complete control over business operations. However, it is important to consider the legal and regulatory requirements before starting a sole proprietorship and comply with them to avoid any penalties or legal consequences.

TAXKEY HELP

HOW CAN TAXKEY HELP?

As a Proprietor, it may be pretty daunting to keep track of all the compliances (Tax Compliance, Business Compliance, Labor Law compliance etc.), regulations and other formalities in setting up and running your Sole Proprietorship firm. Taxkey addresses this problem by aiding you throughout the process of setting up your business and gradually educating you on all the relevant requirements making you a well-informed Business professional.

Taxkey assists you in the following task. They are:

FAQS

FAQ SECTION

What types of Businesses are well suited for the Sole Proprietorship Business Model?

A sole proprietorship firm is ideal for small businesses and individual entrepreneurs who want to start a business with minimal investment and limited liability. Sole proprietorship firms are suitable for the following types of business models in India:

Service-based businesses:

Sole proprietorship firms are well-suited for service-based companies, such as consultancy services, freelance writing or designing, coaching or tutoring, and other professional services. These businesses do not require much capital investment and can be easily managed by a single person.

Retail or small trading businesses:

Sole proprietorship firms are also suitable for retail or small trading businesses, such as grocery stores, stationery shops, small restaurants or food outlets, and other retail businesses that require minimal investment in infrastructure and inventory.

Online or e-commerce businesses:

With the growth of e-commerce and online businesses, sole proprietorship firms have become an ideal option for individuals who want to start an online store or e-commerce business. These businesses can be easily managed from home with minimal investment in infrastructure and inventory.

Personal services businesses:

Sole proprietorship firms are ideal for businesses that provide personal services, such as beauty and grooming services, home cleaning services, pet care services, and other similar businesses that require minimal investment in infrastructure and equipment.

In summary, a sole proprietorship firm is ideal for small businesses and individual entrepreneurs who want to start a business with minimal investment, limited liability, and complete control over business operations.

Is obtaining a PAN Card necessary for your Sole Proprietorship Business?

No, obtaining a PAN Card is not required for a Sole Proprietorship firm. As mentioned earlier, a Sole Proprietorship Firm is not a separate entity in the eyes of the Income Tax Department. All the income generated in the business is intertwined with the income of the Proprietor of the business. Hence filing your income tax for your Sole Proprietorship firm is done with the PAN Card details of the Proprietor of the firm using ITR-3 or ITR-4 forms, depending on the nature of the business.

What are some of the different types of Compliances of a Sole Proprietorship Firm?

A sole proprietorship firm in India is required to comply with various legal and regulatory requirements to operate its business smoothly. The different types of compliances for a sole proprietorship firm in India are:

Business registrations and licenses:

A sole proprietorship firm must obtain the necessary business registrations and licenses as per the nature of the business. This includes obtaining a Shop and Establishment Act registration, GST registration, professional tax registration, FSSAI license, etc.

Tax compliances:

A sole proprietorship firm must comply with various tax-related compliances, including filing income tax returns, paying advance tax, and deducting TDS as applicable.

Accounting and financial compliances:

A sole proprietorship firm must maintain accurate books of accounts and comply with various accounting and financial compliances, such as getting the accounts audited, preparing financial statements, and filing tax returns.

Labor law compliances:

A sole proprietorship firm that employs workers must comply with various labor law compliances, including EPF, ESI, minimum wages, gratuity, maternity benefits, payment of bonuses, and labor welfare fund.

Contractual compliances:

A sole proprietorship firm must ensure that it complies with the terms of the contracts it enters into with customers, vendors, and employees.

Environmental compliances:

A sole proprietorship firm must comply with various environmental compliances, such as obtaining necessary environmental clearances, obtaining consent to operate from the Pollution Control Board, and maintaining proper waste disposal systems.

Intellectual property compliances:

A sole proprietorship firm must ensure that it complies with various intellectual property compliances, including obtaining necessary trademarks, copyrights, and patents to protect its intellectual property rights.

In summary, a sole proprietorship firm in India must comply with various legal and regulatory requirements related to business registrations and licenses, tax, accounting and financial, labour laws, contractual, environmental, and intellectual property to operate its business smoothly and avoid any legal consequences.

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