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Proprietorship Compliance

Explore all the details you need about Proprietorship Compliance, tailored for your needs.

Running a Sole Proprietorship in India comes with a set of crucial financial and legal responsibilities. Compliance with various tax and regulatory requirements is essential to ensure your business's smooth operation and growth. This includes filing Income Tax Returns, TDS Returns, GST Returns, EPF Returns, maintaining accurate accounting records, and sometimes undergoing a Tax Audit.

Filing tax returns is an essential obligation for businesses operating as sole proprietorships in India. At Solocorp, we understand the significance of Compliance with Indian tax laws and the potential benefits that come with it. Our comprehensive services are designed to assist business owners in navigating the intricate Compliance.

To navigate these compliance obligations seamlessly, Solocorp offers expert assistance and a user-friendly platform, making the process efficient and hassle-free for Sole Proprietors.

By partnering with Solocorp, you can fulfill your tax obligations and explore opportunities to optimize your tax benefits, allowing your business to succeed while following tax rules.

Income Tax Return Filing for Proprietorship

  • In India, when it comes to taxes, proprietorships have the same responsibilities as their owners. A proprietorship is an extension of the owner, meaning the tax process is quite similar to what individuals go through. The income tax rules that apply to individual proprietors also apply to proprietorships.
  • Proprietorships, much like partnerships and companies, are required to pay taxes based on their earnings.
  • For tax purposes, proprietors and their businesses are viewed as single entities. The income tax filing process for proprietorships aligns with the tax returns of the Proprietor.
  • Since a proprietorship isn't considered a distinct legal entity, it has no unique tax identification number. Instead, the Proprietor's Permanent Account Number is used for filing returns on behalf of the proprietorship.

Is it Necessary for Proprietorship to File ITR

Yes, under the Income Tax Act in India, proprietorship firms must file income tax returns based on the age and income of the Proprietor:

Below 60 Years: Proprietors below 60 years of age must file an income tax return if their total income exceeds Rs. 3 Lakhs.

Between 60 and 80 Years: Proprietors aged between 60 and 80 must file an income tax return if their total income exceeds Rs. 3 Lakhs.

Above 80 Years: Proprietors aged 80 years and above must file an income tax return if their income exceeds Rs. 5 Lakhs.

Filing ITR before the deadline is crucial because it allows business losses to be carried forward for future use. Additionally, certain deductions under sections like 10A, 10B, 80-IA, 80-IAB, 80-IB, and 80-IC can only be claimed if the proprietorship's ITR has been filed on or before the due date.

Tax rates for Proprietors opting for an Alternate Tax Regime under Section 115BAC

An alternative tax regime for proprietors was introduced by Finance Act 2020 as Section 115BAC. Assesses must give up specified exemptions and deductions to take advantage of this tax regime.

The Income tax rate for a Proprietor who opts for the alternate tax regime:

Net Income RangeRate of income-tax (%) (FY 2022-23)Rate of income-tax (%) (FY 2023-24)
Up to Rs. 2,50,000--
Rs. 2,50,001 to Rs. 3,00,0005-
Rs. 3,00,001 to Rs. 5,00,00055
Rs. 5,00,001 to Rs. 6,00,000105
Rs. 6,00,001 to Rs. 7,50,0001010
Rs. 7,50,001 to Rs. 9,00,0001510
Rs. 9,00,001 to Rs. 10,00,0001515
Rs. 10,00,001 to Rs. 12,00,0002015
Rs. 12,00,001 to Rs. 12,50,0002020
Rs. 12,50,001 to Rs. 15,00,0002520
Above Rs. 15,00,0003030

Rates of surcharge under the Normal Tax Regime

In addition to the Income Tax amount calculated, individuals must pay Surcharge and Cess based on the above-mentioned tax slabs.

In respect of a Proprietor, the rate of surcharge for the Assessment Year 2024-25 is tabulated here

Up to Rs. 50 lakhs (%)Rs. 50 lakhs to Rs. 1 crore (%)Rs. 1 crore to Rs. 2 crores (%)Rs. 2 crores to Rs. 5 crores ((%)More than Rs. 5 crores
Short-term capital gain under Section 111A or Section 115ADNil10151515
Long-term capital gain under Section 112A or Section 115AD, or Section 112Nil10151515
Dividend income not covered under special tax rate sections 115A, 115AB, 115AC, 115ACANil10151515
Unexplained income under Section 115BBE2525252525
Any other incomeNil10152537

Rates of surcharge under alternate tax regime

For the Assessment Year 2024-25, if a Proprietor chooses the alternate tax regime as per Section 115BAC, the surcharge rate will be 25%, contrasting with the previous rate of 37%.

Presumptive Taxation Scheme for proprietorship

The Presumptive Taxation Scheme for proprietorship is a provision in the Income Tax Act designed to ease the tax burden on small taxpayers in India. Its purpose is to enable small businesses to operate without the heavy compliance obligations. Businesses that opt for this scheme can calculate their income based on an estimated basis using Section 44AD. This scheme allows taxpayers to pay taxes at a minimum rate and eliminates the requirement to maintain detailed accounting records.

Proprietorship Tax Return Filing Deadlines

  • Under the provisions of the Income Tax Act of 1961, the deadline for filing income tax returns for proprietorships in India is as follows:
  • No Audit Required: If the proprietorship does not require an audit, the income tax return must be filed by July 31st.
  • Audit Required: If the proprietorship requires an audit, the deadline for filing the income tax return is September 30th.
  • International Transactions or Specific Entities: The deadline for filing the income tax return is November 30th for proprietorships engaged in international transactions or specific domestic entities.

Required Documents for Proprietorship Income Tax Return Filing

If you're a sole proprietor looking to file an Income Tax Return (ITR) for your Proprietorship Firm, make sure you have the following essential documents ready:

PAN Card

Bank Account Details

Aadhar Card

Advance Tax Payment Challan

Form 16, 16A, and 26AS

TDS Return Filing

TDS returns are mandatory for proprietors with a valid TAN. The type of TDS return to be filed depends on the purpose of deduction, including Form 24Q for TDS on Salary, Form 27Q for TDS involving non-resident foreign companies, Form 26QB for TDS on property transfers, and Form 26Q for TDS in other cases.

GST Return Filing

Proprietors must register their sole proprietorship for GST if their business turnover exceeds Rs. 20 lakhs. Under GST, they must file GSTR-1 and GSTR-3B returns, which detail outward and inward supplies of taxable goods and services, along with tax payments. The chosen GST scheme determines the frequency of filing.

EPF Return Filing

EPF (Employees' Provident Fund) registration is required for proprietors employing more than 20 individuals. This mandates the filing of EPF returns.

Accounting and Bookkeeping

Sole proprietors must maintain proper books of accounts if their sales/turnover/gross receipts exceed Rs. 25,00,000 or if their business income exceeds Rs. 2,50,000 in any of the preceding three years.

Proprietorship Firm Audit

  • The audit of a proprietorship depends on its annual turnover and specific circumstances. Here are three scenarios that require an audit:
  • Turnover Exceeds Rs 5 Crore: If a proprietorship's annual turnover crosses Rs.5 crore during the assessment year, it must be audited. This rule applies to businesses involved in trade or commerce.
  • Professional Proprietorship with Receipts Over Rs 50 Lakh: An audit is necessary for professional proprietorships like consultancies or service-based businesses if their total receipts go beyond Rs 50 lakh.
  • Proprietorship under Presumptive Tax Scheme: Regardless of the annual turnover, it requires an audit if a proprietorship falls under any presumptive tax scheme.
  • The regulations for auditing a proprietorship are outlined in the Income Tax Act of 1961, stating that a certified Chartered Accountant (CA) must conduct the audit. This audit ensures that the financial information of the proprietorship is accurate and complies with the law.

Streamline Proprietorship Compliance with Solocorp

Streamline your sole proprietorship's compliance effortlessly with Solocorp. We are your trusted partner in meeting all your compliance requirements, simplifying the process, and ensuring you meet deadlines while adhering to tax regulations.

Our comprehensive services cover various aspects:

  • 1

    Income Tax Return Filing

    We make filing your income tax returns a breeze, ensuring accuracy and timeliness.

  • 2

    TDS Return Filing

    Our support extends to TDS return filing, helping you accurately report deductions and meet your obligations.

  • 3

    GST Return Filing

    For GST-registered businesses, we offer a hassle-free solution for filing both GSTR-1 and GSTR-3B returns, ensuring you stay compliant with GST regulations.

  • 4

    EPF Return Filing

    We assist in EPF return filing, ensuring compliance with employee provident fund regulations.

  • 5

    Expert Guidance

    We understand the intricacies of income tax on proprietorships, including tax slabs, deductions, and filing deadlines. Our team will guide you through the process efficiently and accurately.

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Startup
Registrations
MCA Services
Recovery of shares
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Goods & Services Tax
Income Tax
Compliances