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Proprietor Firm

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A 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. Proprietorship is the easiest form of business done in India since it isn’t governed by any specific laws. Under sole proprietorship’s, the compliance’s are minimal and easy to fulfill.

Documents for a Sole Proprietorship:

  1. Aadhar Card
  2. PAN Card
  3. Bank Account
  4. Registered office proof

Although sole proprietor doesn’t require any specific registrations, he is advised to obtain a few registrations to make his business function smoothly.

  1. Registering as SME
  2. Shop and Establishment Act License
  3. GST Registration

Proprietor VS Partnership

Particulars
Proprietor
Partnership
Meaning A type of business oganization, in which only one person is the owner as well as operator of the business is known as Sole Proprietorship. A business form in which two or more persons agree to carry on business and share profits & losses mutually is known as Partnership.
Governing Act No specific statute Indian Partnership Act, 1932
Owner Known as sole trader or sole proprietor. Individually known as partners and collectively known as firm.
Profit & Loss Proprietor is solely responsible for the profits & losses. Shared in agreed ratio
Secrecy Business secrets are not open to any person except the proprietor. Business secrets are open to each and every partner.
Finance Scope for raising capital is limited. Scope for raising capital is comparatively high.

FAQ

1.How does tax law treat sole proprietorships?

In the eyes of the Internal Revenue Services and related legal regulations, you and your proprietorship are the same entity. This means that any profit you gain through your sole proprietorship is also counted as personal income. Your individual tax return and business tax return will be one in the same. However, you should also note that sole proprietors may be eligible for certain tax credits and taxation rules. For example, self-employed individuals enjoy a standard tax deduction and a modified tax rate to account for their lack of employer subsidized benefits.

2.Are you personally liable for your sole proprietorship?

Yes, you are personally liable for your sole proprietorship. While corporations, LLCs and limited liability partnerships gain the benefit of limited liability, sole proprietors generally do not qualify for such protections. Instead, you will be held personally accountable for your businesses debts and legal judgments. If you cannot pay your debts, your personal assets like automobiles, properties, etc. can come into play. For this reason, you should be careful in how you set up your proprietorship. Additionally, consider securing adequate insurance coverage for your risks and liabilities.

3.Do sole proprietorships need to be registered like LLCs or corporations?

If you own a sole proprietorship, generally you shouldn’t have to go through the same registration hoops as an LLC, limited partnership or corporation. Instead, you can usually just declare your intention to operate as a sole proprietorship. Usually, you will need to register your sole proprietorship locally and pay a minimal tax. In return for this registration, you will get a tax registration certificate and a business license. Get an EIN or employee identification number and if you intend to do business under a name different from your legal name, you may have to register this name with your local government. Before you jump right in, make sure you’ve taken all the steps for legal and smooth operations.

4.How is a sole proprietorship different from other company structures?

You’ve probably heard of limited liability corporations (LLCs), limited liability partnerships (LLPs) and corporations. Sole proprietorships are business just like these companies, but they vary in a few key ways:

  • Sole proprietors are the cheapest business type when it comes to operational and other costs.
  • Sole proprietorships are the least complex of the legally recognized business structures.
  • vSole proprietorships are exempt from mandatory state registration laws.
  • Sole proprietorships don’t require formal paperwork.
  • Sole proprietorships don’t shield individuals from business related debts or liability.
  • Sole proprietorships don’t require a tax filing separate from personal income. Naturally, there are many differences between sole proprietorships and corporations, but these are some of the most noticeable hallmarks of them.

5.Can One Person Registered Multiple Proprietorship Firm ?

Yes, One person can Register more than one proprietorship firm. As Registration for Sole Proprietorship firm Is not required or is not mandatory. But You need To have separate GST Registration in name of all firms, if you have taken Udyog Aadhar Registration and have opened another business then you need to obtain Udyog Aadhar certificate in Name of new Business and You also need Separate shop act license for new Business.

6.How Foreigner Create a Sole Proprietorship Firm?

No, The Foreign Nationals can Open A business In India only through Pvt Ltd Company Registration or Limited Liability Partnership. The Indian government has set limits on Foreign Direct Investment. Incorporating an LLP Or Private Company in India is the easiest way to start Business in India.

7.Can Proprietorship Firm have Multiple Business?

Yes, You can have Multiple businesses if you are a sole proprietor. You can have multiple businesses in the same name and you have to get Shop act license or gumasta license which is enough to register Sole Proprietorship. But if you have opened a second business in another name then You may require to have a separate certificate for the other businesses. For Example, if I have sole proprietorship business in name of Galaxy mobile point and I started a new business in the different name then I require Gst Registration and shop act license in name of other shops.

If you are opening multiple businesses, you have to also make sure that business should not have a condition that you need to be a private Limited company, LLP and partnership firm etc. For example, if you wish to start a Franchise Business in India, they have a condition that your firm should be registered as a business entity other than a sole proprietorship.

Even if you want to start the multiple business with the same propreitorship firm name then yes its possible.