Proprietorship Compliance

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Proprietorship Compliance

There are important legal and financial obligations associated with operating a sole proprietorship in India. Ensuring compliance with tax and regulatory obligations is crucial for the seamless operation and expansion of your organisation. In addition to keeping correct accounting records and occasionally going through a tax audit, this entails filing income tax returns, TDS returns, GST returns, and EPF returns.

In India, businesses that operate as sole proprietorships are required to file tax returns. At TaxHint, we recognise the value of abiding by Indian tax regulations and the possible advantages that do so. Our all-inclusive services are intended to help company owners navigate the complex Compliance. TaxHint provides Sole Proprietors with efficient and hassle-free processes by providing expert advice and an easy-to-use platform to help them navigate these compliance needs.

Working together with TaxHint will enable you to meet your responsibilities and look for ways to maximise your tax advantages, enabling your company to grow while abiding by tax laws.

Proprietorship Compliance

A sole proprietorship in India is the most basic business setup, where a single individual owns and runs the business.

Income Tax Return filing for Proprietorship

In India, proprietorships are subject to the same tax obligations as their owners. Since a proprietorship is an extension of the owner, it follows a tax system that is mostly comparable to that of a person. Proprietorships are subject to the same income tax regulations as individual proprietors.

  • 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.

Since business losses can be carried forward for future use, it is imperative to file your ITR by the deadline. Furthermore, if the proprietorship's ITR is submitted on or before the due date, certain deductions under provisions such as 10A, 10B, 80-IA, 80-IAB, 80-IB, and 80-IC cannot be claimed.

Income Tax Slab Rate for Proprietorship Firms

Significant modifications have been made to the income tax situation for proprietorship enterprises in the budgets for 2023 and 2024. A higher tax rebate threshold of Rs. 3 lakh has been implemented for both taxpayers and salaried individuals under the amended income tax regime. Furthermore, under this revised income tax structure, tax refunds for both salaried and individual taxpayers have been increased from Rs. 5 lakh to Rs. 7 lakh.

Proprietor's Age Net Income Range Rate of Income Tax (%)
Below 60 Years Up to Rs. 2,50,000 -
Rs. 2,50,001 to Rs. 5,00,000 5
Rs. 5,00,001 to Rs. 10,00,000 20
Above Rs. 10,00,000 30
60-80 Years Up to Rs. 3,00,000 -
Rs. 3,00,001 to Rs. 5,00,000 5
Rs. 5,00,001 to Rs. 10,00,000 20
Above Rs. 10,00,000 30
Above 80 Years Up to Rs. 5,00,000 -
Rs. 5,00,001 to Rs. 10,00,000 20
Above Rs. 10,00,000 30

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

Section 115BAC of the Finance Act 2020 provided an alternative tax structure for owners. To benefit from this tax scheme, assesses must forfeit certain exemptions and deductions.

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

Net Income Range Rate 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. 3,00,000 5 -
Rs. 3,00,001 to Rs. 5,00,000 5 5
Rs. 5,00,001 to Rs. 6,00,000 10 5
Rs. 6,00,001 to Rs. 7,50,000 10 10
Rs. 7,50,001 to Rs. 9,00,000 15 10
Rs. 9,00,001 to Rs. 10,00,000 15 15
Rs. 10,00,001 to Rs. 12,00,000 20 15
Rs. 12,00,001 to Rs. 12,50,000 20 20
Rs. 12,50,001 to Rs. 15,00,000 25 20
Above Rs. 15,00,000 30 30

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:

Nature of Income Range of Total Income
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 as per under Section 111A or Section 115AD Nil 10 15 15 15
Long-term capital gain is covered under Section 112A or Section 115AD, or Section 112 Nil 10 15 15 15
Dividend income not being dividend income chargeable to tax at the special rate under sections 115A, section 115AB, section 115AC, section 115ACA Nil 10 15 15 15
Unexplained income chargeable to tax under Section 115BBE 25 25 25 25 25
Any other income Nil 10 15 25 37

Rates of surcharge under alternate tax regime

In contrast to the former rate of 37%, the surcharge rate for the Assessment Year 2024–25 will be 25% if a proprietor elects to use the alternate tax system under Section 115BAC.

Presumptive Taxation Scheme for proprietorship

A provision in the Income Tax Act called the Presumptive Taxation Scheme for proprietorship was created to lessen the tax burden on India's small taxpayers. Its goal is to free up small enterprises from onerous compliance requirements so they can operate. Companies who choose to participate in this program can use Section 44AD to estimate their income. This plan does away with the need for taxpayers to keep thorough accounting records and permits minimum tax payments.

Deadline for Proprietorship Tax Return Filing

The deadline for filing an income tax return for a proprietorship in India varies depending on certain factors outlined in the Income Tax Act of 1961:

  • No Audit Required: If your proprietorship does not need an audit, the income tax return must be filed by July 31st.
  • Audit Required: If your 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.

Deadline for Proprietorship Tax Return Filing

The deadline for filing an income tax return for a proprietorship in India varies depending on certain factors outlined in the Income Tax Act of 1961:

  • No Audit Required: If your proprietorship does not need an audit, the income tax return must be filed by July 31st.
  • Audit Required: If your 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

Filing an Income Tax Return for a Proprietorship

When it comes to filing ITR for proprietorships, it's important to note that these businesses are typically required to file annually unless exempted. The income tax of a proprietorship is treated as the owner's personal income.

Depending on the nature of your proprietorship, you will use one of two forms:

Form ITR-3

ITR-3 form is used to file income tax for proprietorships run by a Hindu Undivided Family (HUF) or any other proprietor.

Form ITR-4 Sugam

Specifically designed for proprietorships under presumptive tax schemes, Form ITR-4 aims to reduce the compliance burden on small businesses.

The income tax of a proprietorship is regarded as being the same as that of the proprietor, it is vital to remember. This implies that the business taxes become the proprietor's personal taxes after the business income is deducted. All applicable tax deductions for individuals or Hindu Undivided Families (HUF), when applicable, continue to apply to the proprietor.

TDS Return Filing

All proprietors having a current TAN are required to file TDS returns. Form 24Q for TDS on Salary, Form 27Q for TDS involving non-resident foreign corporations, Form 26QB for TDS on property transactions, and Form 26Q for TDS in other circumstances are the forms of TDS returns that must be filed based on the reason for the deduction.

GST Return Filing

If a sole proprietorship's annual revenue surpasses Rs. 20 lakhs, the proprietor must register the business for GST. They are required by law to file GSTR-1 and GSTR-3B returns under GST, which include information on the inward and outgoing supplies of taxable goods and services as well as tax payments. The frequency of filing is determined by the selected GST plan.

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

If a sole proprietorship's revenue surpasses Rs. 2,50,000 in any of the three years before to the current one, or if sales, turnover, or gross receipts surpass Rs. 25,00,000, they are required to keep accurate books of accounts.

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 Income Tax Act of 1961 specifies the requirements for auditing a proprietorship and mandates that the audit be carried out by a certified Chartered Accountant (CA). This audit verifies that the proprietorship's financial data is correct and compliant with legal requirements.

Employ Taxhint to Simplify Proprietary Compliance

TaxHint is your dependable partner for meeting your sole proprietorship's compliance requirements. Our services streamline the process of filing income tax returns, guaranteeing that you fulfil all deadlines and comply with tax laws.

In order to help you correctly report deductions, we also support the submission of TDS returns. Our services include the hassle-free filing of GSTR-1 and GSTR-3B GST Returns for firms that are registered under the GST.

In order to ensure compliance with employee provident fund laws, TaxHint can help with the filing of EPF returns. With TaxHint, you can concentrate on expanding your sole proprietorship while we take care of your compliance requirements, guaranteeing the stability of your company's finances and legal position.

Are you prepared to effortlessly file your proprietorship income tax return? Launch right now!