ITR Filing FY 2023-24 (AY 2024-25) live

File your ITR Hassle-Free and Maximise your Refunds

File Today
  • TrustedTrusted by 1 Million+ Users
  • User Rating4.8 Star User Rating
  • SecureAuthorized by Tax Department
ITR Filing
linkedin
whatsapp

Sole Proprietorship Company Registration in India Explained

Updated on: 16 Jan, 2024 05:49 PM

Sole Proprietorship stands out as a highly favored business establishment in India. Surprisingly, government registration isn't mandatory for this business model, although opting for registrations like MSME, shop establishment, and GST is advisable. The beauty of a sole proprietorship lies in its simplicity – it requires minimal documentation and formalities, making it an effortless pathway to venture into business. Obtain an explanation of the registration process for a Sole Proprietorship company in India, covering all the essential details.

What is a Sole Proprietorship business?

In a sole proprietorship business, a solitary owner shoulders the responsibility of management, brings in all profits, accepts financial losses, and fulfills tax obligations personally. Typically, sole proprietors operate under their own names, as there's no obligatory requirement to establish distinct business names or trade identities.


What are the Advantages of Sole Proprietorship?

Advantages of a sole proprietorship:

  • Easy and low-cost to set up by one person
  • Low legal obligations compared to other forms of businesses
  • No business taxes to pay
  • Full control and authority over the business decisions and operations by the owner.

What are the different methods to register Sole Proprietorship?

A sole Proprietorship can be registered using three different methods:

  1. Registration under Shop Establishment Act
  2. Udyog Aadhar registration as MSME
  3. GST Registration

How to register Sole Proprietorship under Shop Establishment Act?

The registration of sole Proprietorship under the Shop Establishment Act includes a specific set of guidelines. To begin, it’s essential to determine which entities classify as “shops.”

Under this legal framework, establishments such as factories, cafeterias, restaurants, residential hotels, theaters, and other public entertainment venues are excluded from the “shop” category.

Premises eligible for shop registration includes:

  • Locations involved in selling goods or offering services to customers.
  • This encircles not only the primary sales area but also any related spaces like offices, warehouses, sheds, or workplaces, whether situated on the same premises or elsewhere.

Given that the rules of the Act can vary from state to state, it is strongly recommended to consult the provision of the Act as detailed by the registrar’s office in the relevant jurisdiction. The registration process generally follows these steps:

  • Each state’s labor department is responsible for processing and overseeing Establishment Act registration.
  • The registration process is overseen by an appointed officer.
  • The officer furnishes the proprietor with a registration form.
  • The application must contain information about the establishment, such as the owner’s name, business name, business address, number of employees, opening date, and business category.
  • Within 30 days of establishing the business, the proprietor submits the application along with the required registration fees to the officer in charge.
  • The officer undertakes a verification process that usually spans 10-20 days.
  • If the registration meets the criteria stipulated by the inspector, the proprietor is issued a registration certificate.
  • This certificate must be prominently displayed within the premises and renewed at regular intervals.

How to register Sole Proprietorship through Udoyg Aadhar under MSME?

Udyog Aadhaar is a special identification number issued by the Ministry of MSME (Micro, Small & Medium Enterprises) to business owners. It is a new way of registering businesses, replacing the old EM-I and EM-II forms. A sole proprietor can apply for Udyog Aadhaar with the Ministry of MSME and get benefits such as bank loans, subsidiaries, and reimbursements. He also gets a unique identity for his business, which is called Sole Proprietorship registration.

The registration process for Udyog Aadhaar is easy and simple. New Entrepreneurs who are not registered as MSME can follow these steps to register:

  • Step 1: Go to the website https://udyamregistration.gov.in/UdyamRegistration.aspx
  • Step 2: Enter your Aadhaar number (the Aadhaar number of the business owner).
  • Step 3: Enter your name as printed on your Aadhaar card
  • Step 4: Click ‘Validate & Generate OTP.’
  • Step 5: Enter the OTP received on your phone number linked to your Aadhaar.
  • Step 6: Choose the type of organization from the options given.
  • Step 7: Enter the PAN number of the owner
  • Step 8: Validate your PAN number by clicking “PAN Validate”
  • Step 9: Fill in the details in the Form.
  • Step 10: Click “Submit & Get OTP”
  • Step 11: Enter the OTP received on the phone number and the verification code shown on the screen.

After submission, you will get a message for the successful submission of your Form and will get your certificate after verification and completion of the registration process.


How to get GST for Sole Proprietorship?

To get GST for your Sole Proprietorship, follow these steps:

  • Step 1: Go to GST website https://www.gst.gov.in/
  • Step 2: Click on “Services” and then “Registration”
  • Step 3: Choose “New Registration”
  • Step 4: Enter the necessary details, such as your PAN and mobile number.
  • Step 5: Enter the OTP received on your mobile number.
  • Step 6: Complete the application form and upload the necessary documents.
  • Step 7: Submit the application form.

You will receive ARN (Application Reference Number) on your registration email and mobile number.

After your GST application gets approved, you will get your GSTIN and a registration certification.


What are the Compliance Requirements of Sole Proprietorship Firm?

If you are a Sole Proprietor, you have to comply with the following tax obligations:

  • File your income tax returns every year within the deadline specified by the tax authority.
  • If you have registered for GST, you also have to file GST returns as per the applicable frequency and rules.
  • If your business is subject to a tax audit, you have to download TDS certificates and file TDS returns as per the prescribed format and procedure.

Frequently Asked Questions

Q- What is the cost of GST registration for sole proprietorship?

There is no GST registration fee in India. The government of India allows you to register as a GST taxpayer for free on its official website. Whether you are a proprietor, an individual, a company, or a partnership, you do not have to pay anything for GST registration.


Q- Is GST required for a sole proprietorship?

If you're a sole proprietor in India, you must enroll for GST if your yearly turnover goes beyond Rs. 20 lakhs. Nevertheless, even if your turnover is below Rs. 20 lakhs, you have the option to voluntarily register for GST.


Q- Can I get a PAN card for proprietorship?

The sole proprietorship firm doesn't receive a distinct PAN card like a company since it lacks an independent legal identity. Instead, a sole proprietorship is directly associated with its owner or proprietor. Consequently, the proprietor has the option to utilize their personal PAN for conducting business under the sole proprietorship.


Q- Which law regulates sole proprietorship?

The sole proprietorship doesn't possess legal status; rather, it designates an individual who possesses and assumes personal liability for the business's financial obligations. This form of business can function using the proprietor's name or opt for a fictitious name when conducting operations.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.