How to set up your Sole proprietorship Firm in India

Kindly guide on how to go about starting a company as sole proprietorship in Bangalore? What kind of registrations etc are required? What other formalities are required?

Its always best to first decide on the businesses entity that you want for doing business. Every business has different needs and goals, and so does the type of registration that you want to choose for your business. I recommend you to check these Option for registration before proceeding further.

If you want to do business as Sole proprietorship then it doesn’t need any registration with Government but there are some business licences you need to take when setting up Sole proprietor firm/company.

And these business licences depend on the type of business that you want to do. For example it can be a product based or a service based business. These licenses will also help in getting a bank account in the name of your business entity.

Business licenses in India

PAN Card

As a Sole Proprietor firm you will be filing returns in your name so a PAN card is mandatory. you can apply for the same online for  94 which you will get in 7 days. Apply here – https://www.tin-nsdl.com/

TAN [Tax Collection & Deduction Account Number ]

If you are collecting tax either from the customers or your exployees then a TAN is Must and complete procudure to apply TAN is explain in simple terms here – http://www.startupfreak.com/how-to-get-tan-number-in-india/

Service Tax Registration

In any year if your firms total turnover crosses 9 lacs then you will have to pay service tax which is 10% and you can register and pay for the same online. More info - http://www.servicetax.gov.in/st-proc-home.htm and Service Tax registration form here - http://www.servicetax.gov.in/forms/st1.pdf

VAT/ CST Registration

VAT is a State based tax and CST is Central based tax. If you are buying or selling taxable goods within a state, then VAT registration should be obtained. And if you are buying or selling taxable good across different states then you have to obtain CST registration. VAT rules varies according to the sates in which you are doing business. You can register for VAT online. More info – http://ctax.kar.nic.in/what_vat/About%20vat%20nnew.pdf  For karnataka VAT registration can be applied here http://164.100.80.121/cto/Registration.aspx .  VAT registration fees in Karnataka  500

Shops & Establishment License

Under the Karnataka Shops and Commercial Establishments Act,- (1961), within thirty days of the establishment of the new company, the business owner should send a statement to the inspector of the area concerned, and this statement should contain the name of the owner/manager, Postal address, name of the shop/establishment and any other prescribed details.  once the fees and the statement is accepted by the inspector, the Registration Certificate will be given immediately. Shops & Establishment License fees depends on the number of employees that you have, starts from  125 to  12500 for 100 employees

Importer Exporter Code

This is a 10 digit number like PAN number and is issued by Director General of Foreign Trade [DGFT] , Ministry of Commerce, Government of India to Indian Companies and Individuals who want to carry International Trade. More details here – http://dgft.gov.in/ Apply for it online here http://dgftcom.nic.in/ieconline.htm. Importer Exporter Code Fees  250( Approx)

Professional Tax

If you have employees then you have to collect professional tax from them and pay it to government. Some states do not have this tax imposed and some states collect fixed amount say  2500 Annually.  Please check with you respective states and do the needful.

Employee Provident Fund Registration

If you have less than 20 employees then its not mandatory but you can voluntarily take this for the better employee benefits and employee retention. Its mandatory for more than 20 employees firm and other 180 business classes specified under the law. It can be used as a valid company expense and deducted from the total tax. The registartion is done at no Cost at The Employees Provident Fund Organization (EPFO) which is a statutory organization under the Ministry of Labor and Employment. Once the employer is registered with the EPFO, it will register his employees with the office and open Provident Fund accounts in the name of each employee. More information is available at www.epfindia.gov.in. and registration here - http://www.epfindia.gov.in/registration.htm

ESI (Employee State Insurance) Registration

This is used for health insurance purposes for your employees and is  mandatory for employing 10 people in factory and 20 people in other establishments like shops, hotel etc. The Employees’ State Insurance (ESI) Act (1948) provides for a fund administered by the ESI corporation in which contributions is made both by the employer and the employee at the rates prescribed by the National Government. This is done at no cost at the regional offices in the states. More info here - http://www.esic.nic.in.

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  • Bharath Ponnusamy

    Nice and informative article.
    I have two questions.
    1)I am just going to start a service based company and hence my turnover won’t 9 lacs.
    Do I still have to get Service Tax license?
    2)Is it mandatory to get “shop and establishment registration” since I am not buying and selling any goods?

    • startupfreak

      Hello Bharath,
      If your turnover doesn’t cross 9 lacs then you just need to pay tax as a normal individual and no service tax registration is need. And its not mandatory for shop and establishment registration unless you need it in bank for creating current account.

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  • Neha

    Hi, great article!!!! Thanks for much needed info..
    I have a doubt if you could clear. I want to set up a sole proprietary firm which would be a recruitment agency, I do not have much capital to start off and cannot afford a business office initially. I would want to start operating from home as I am doing as a freelancer. Me and my husband are putting up in his company leased accommodation. Can I still register the firm on my name?? I have landline bills etc on my name for this address..

    • startupfreak

      Yes surely you can register the firm in your name. Go ahead and all the Best!

  • Deepak Kumar

    Dear sir
    i want to open new travel agency in delhi as soul propriter ship.
    mere pass sabhi id hai,lakin meri company ke name se pen card nahi ban pa raha hai
    jis karan main company ka account open bhi nahi karwa sakta.plz koi upaye bataye taki main apni company ka pan card banwa saku.

    Thanks & Regards

  • james

    Hi, I am an American non-Indian living in Mumbai on an employment visa. I have a pan card and am looking to start up my own business on the side. Is it possible for me to start a sole proprietorship on an employment visa as I do have a Pan card? If not, can I apply for a business visa while I have an employment visa? your help would be greatly appreciated. thank you.

  • Daniel

    Hi, can you guide me with the legal formalities involved with setting up a small scale franchise shop in Bangalore?

  • vikram

    How to get a current bank account with company name, bank need some gov. registration for it,Right?

  • suv

    hello i wanna to sell indian products like saree,salwar suits and tshirts and handicraft products through ecommerce site in india also in outside of india like us,uk,aus,uae,russia etc .. so what are the documents require? i m starting alone so business is sole propritership.plz reply me.

  • Nitish Kumar

    Hello Startupfreak,Plz advise me how to a korean individual registred in service tax Delhi.
    Person provides consultancy services, This time who is doing job in India.Plz provide me detail information in this regard. I am waiting your reply.
    Regard:
    Nitish Kumar.

  • HARMAN

    What are the legal formailities for starting ecommerce coupons/deals/vouchers business. No products.

  • Ranj

    Hi, I wish to open a sole proprietorship account to administer some grant money below 9 lacs. I have a question – do I need a PAN card in my sole proprietor firm name or can I open such an account in my own name and file a second set of returns?

    • startupfreak

      This should be managed by a separate sole proprietorship account.

  • Vasant kale

    Hi, I am already running a Pvt Ltd company in Andhra Pradesh. I want to expand the same in Kerala. Kindly guide me the procedure for the same. I already selected the place for the same. My business is dealership.

  • startupfreak

    Hi Rahul,
    when your turn over crosses 9 lac you need to apply for service tax registration and when it crosses 10 lac you need to start charging for the service tax.
    So you dont need to charge service tax until you cross 10 lac. you can read more from here http://www.caclubindia.com/experts/service-tax-exemption-of-10-lac–448340.asp#.UH1SU2_Mjj4

  • Rahul

    Hello Startupfreak
    As I already applied for service tax no and get my service tax no. as a Sole Proprietorship. My question is still same that Is it compulsory to charge service tax from clients if I already have my service tax no. while my turnover won’t 10 lacs? or I have to wait for turnover goes above 10 lacs.

  • startupfreak

    you have to wait till your turn over crosses 10 lac in a year.