Friday, February 10, 2017

5 Reasons to start a Private Limited Company in Bangalore

So why should you start a private limited company. Here are few of the advantages of Registering your business as a private limited company in Bangalore.


Limited Liability

One of the main advantages of starting a private limited company is limited liability. Limited liability means limited exposure to financial risk by investors of a company. Limited liability means the shareholders liability in the company is limited to the capital amount invested in the company.

For example, if Sam invested Rs 100,000 to start a private limited company. Sam’s liability is the investment of Rs 100,000. In other words, the potential loss cannot be beyond Rs 100,000. Sam won’t be liable for any liability beyond this Rs 100,000.

Business Continuity

Private companies enjoy perpetual succession. What does perpetual succession mean? Shareholders may come and go, but the company still continues to be in existence. The company is unaffected by the death of any of its shareholders or the transfer of its shares to another person.

For example, in a partnership firm, a change in the membership leads to dissolution of the existing partnership whereas in a private limited company, one shareholder may transfer his shares to another, but the company still continues to operate.

Fund Raising

Financial institutions such as banks and private equity funds lend their resources more willingly to companies that to other forms of business organizations.

Banks are more likely to lend to limited companies because they can use the assets of the company as security for the loan. Private equity firms take stake in the company while investing; this cannot be achieved in a partnership firm.

Transfer and Exits

Limited companies are easier to sell as compared to partnership firms. Ownership is represented by equity or preference shares and these can be easily sold without affecting the activities of the company.

Salaries to directors

There is no maximum limit on the salary being paid to directors; whereas there is a ceiling limit on the salary paid to partners of a partnership firm as per Income Tax Act, 1961.

Tuesday, January 10, 2017

GST Registration Procedure in India


Every person who is liable to registered under GST Act shall apply for registration. The person will register in every such state in which he is so liable. The time limit to register is within thirty days from the date on which he becomes liable. The person can get voluntarily registration thought not liable to registered. All provisions of this Act are applicable as to registered taxable person.

Here, we will talk about GST Company registration procedure in detail like time limit, persons eligible, documents required, background process, structure of registration number, GST registration form etc.

REGISTRATION FOR GST :

• The vendor and customer GST Company registration numbers will be mandatory for availing or passing the credits, and reporting purpose.

• Aggregate turnover requirement for GST registration is as below:

Aggregate Turnover
Region
Liability to Register
Liability for Payment of GST
North East India
Rs 9 Lakhs
Rs 10 Lakhs
Rest of India
Rs 19 Lakhs
Rs 20 Lakhs

However, certain categories of persons mentioned in Schedule III of MGL are liable to be registered irrespective of this threshold.

• An agriculturist shall not be considered as a taxable person and shall not be liable to take registration. (As per section 9 (1)).

• Any person should take a Registration, within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed.

• Every person who is liable to take a Registration will have to get company registered separately for each of the States where he has a business operation and is liable to pay GST in terms of Sub-section (1) of Section 19 of Model GST Law.

• GSTN shall migrate all such assesses /dealers to the GSTN network and shall issue GSTIN number and password. They will be asked to submit all requisite documents and information required for registration in a prescribed period of time. Failure to do so will result in cancellation of GSTIN number.

• Taxpayers would have the option to sign the submitted application using valid digital signatures (if the applicant is required to obtain DSC under any other prevalent law then he will have to submit his registration application using the same). For those who do not have a Digital signature, alternative mechanisms will be provided in the GST Rules on Company Registration.

• If the information and the uploaded documents are found in order, the State and the Central authorities shall approve the application and communicate the approval to the common portal within three common working days. The portal will then automatically generate the Registration Certificate.

• In case registration is granted, applicant can download the Company Registration Certificate from the GST common portal.

• Structure of Registration Number is as follows:

15 digits in GST no. will denote as below
State Code
PAN
Entity Code
Left Blank
Check Digit
1-2
3-12
13
14
15
DOCUMENTS REQUIRED FOR GST REGISTRATION:
• Provisional ID & password, in case of existing applicants (Collect from VAT department or any other concerned authority)

• Valid E-mail ID and Mobile No. of Applicant.

• PAN card of the Company/ LLP (PAN is not mandatory for a non-resident taxable person who may be granted registration on the basis of any other document as may be prescribed.)

• Proof of constitution, in case of LLP or Partnership Firm partnership deed, In case of company certificate of incorporation.

• AOA & MOA in case of company.

• Letter of authorization or copy of resolution of Board of Directors to the effect empowering the person to apply for GST.

• Details and proof of place of business like rent agreement or electricity bill. Photograph, proof of appointment, of Authorized signatory, promoter, partner etc.

• Cancelled cheque of your bank account showing name of account holder, MICR code, IFSC code and bank branch details.

• Authorized signatory like List of partners with their identity and address proof in case of partnership firm or List of directors with their identity and address proof in case of company.

• Opening page of passbook/statement containing the following information:
1. Bank account number
2. Address of branch
3. Address of account holder
4. Few transaction details

GST REGISTRATION PROCESS IS AS UNDER FOR NEW APPLICANTS (Source GSTN):

1. The applicant will need to submit his PAN, mobile number and email address in Part-A of Form GST REG–01 on the GSTN portal (www.gst.gov.in) or through Facilitation centre (notified by board or commissioner).

2. The PAN is verified on the GST Portal. Mobile number and E-mail address are verified with a one-time password (OTP). Once the verification is complete, applicant will receive an application reference number on the registered mobile number and via E-mail. An acknowledgement should be issued to the applicant in FORM GST REG-02 electronically.

3. Applicant needs to fill Part- B of Form GST REG-01 and specify the application reference number. Then the form can be submitted after attaching required documents.

4. If additional information is required, Form GST REG-03 will be issued. Applicant needs to respond in Form GST REG-04 with required information within 7 working days from the date of receipt of Form GST REG-03.

5. If you have provided all required information via Form GST REG-01 or Form GST REG-04, the registration certificate in Form GST REG –06 for the principal place of business as well as for every additional place of business will be issued to the applicant.

6. If the person has multiple business verticals within a state he can file a separate application for the registration in Form GST REG-01 for each business verticals.

7. If the details submitted are not satisfactory, the registration application is rejected using Form GST REG-05.The applicant who is required to deduct TDS or collect TCS shall submit an application in Form GST REG – 07 for registration.

8. If he is no longer liable to deduct or collect tax at source then the officer may cancel and communicate the cancel of registration.


GST REGISTRATION PROCESS IS AS UNDER FOR EXISTING APPLICANTS (Source GSTN):


Existing Applicants:

The dealers registered with central or state tax authorities would be migrated to GST by default and allotted Goods and Service Tax Identification Number (GSTIN). Existing applicant’s means any entity registered with any of the following authorities:

1. Central Excise
2. Service Tax
3. VAT
4. Entry/luxury/entertainment Tax

India Startup is the one stop solution for Private Limited Company Registration, LLP Registration and Partnership firm registration in Bangalore. We will help you take your first step in becoming an entrepreneur. India startup provides legal solutions starting from company registration, accounting, preparing legal documents, business connections, trademark, advisory services, thereby providing end to end solutions in the life cycle of a business venture.

Visit us to know more details: www.indiastartup.in

Wednesday, December 21, 2016

Impact of GST on Indian Economy

Goods and Services Tax (GST) is an indirect tax reform which aims to remove tax barriers between states and create a single market. For that to happen the constitution first needs to be amended to remove different layers of governments’ exclusive powers to levy taxes. Once this step is taken, the tax barriers between states, and centre and states will disappear.


MAJOR CHANGES WITH THE INTRODUCTION OF THE GST :


1) Central taxes such as Central Excise duty, Additional Excise duty, Service tax, Additional Custom duty and Special Additional duty as well as state-level taxes such as VAT or sales tax, Central Sales tax, Entertainment tax, Entry tax, Purchase tax, Luxury tax and Octroi will subsume in GST.

2) Provision will be made for removing imposition of entry tax /Octroi across India.

3) Entertainment tax, imposed by states on movie, theatre, etc., will be subsumed in GST, but taxes on entertainment at panchayat, municipality or district level will continue.

4) Stamp duties, typically imposed on legal agreements by states, will continue to be levied.

5) The GST structure would follow the destination principle. Accordingly, imports would be subject to GST, while exports would be zero-rated. In the case of inter-state transactions within India, State tax would apply in the state of destination as opposed to that of origin.

6) The GST regime should have a dual rate structure – low GST rate of approximately 12 per cent on merit goods (e.g. essential commodities), and standard GST rate of approximately 18 per cent on other goods. That apart, it is expected that there may be a higher GST rate of approximately 40 per cent on a few demerit goods (like tobacco, aerated beverages, etc.), lower GST rate of approximately 2 per cent on billions, and exemption from GST on a few select goods.

7) With GST, there will be a significant shift from origin-based taxation to a destination-based tax structure impacting not only the operating business models but also the revenues of the centre/states.

8) Company Registration under GST would replace most indirect taxes currently in place such as:

Central Taxes


Central Excise Duty [including additional excise duties, excise duty under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955]
Service tax
Additional Customs Duty (CVD)
Special Additional Duty of Customs (SAD)
Central Sales Tax ( levied by the Centre and collected by the States)
Central surcharges and cesses ( relating to supply of goods and services)


State Taxes

Value-added tax
Octroi and Entry tax
Purchase tax and Luxury tax
Taxes on lottery, betting and gambling
State cesses and surcharges
Entertainment tax (other than the tax levied by the local bodies)
Central Sales tax ( levied by the Centre and collected by states)

HOW WILL GST HELP INDIAN ECONOMY?


1) GST Registered would help in lesser corruption and with Increased Tax Revenue.

2) Better and improved economy with single taxation will make it easier to identify the tax defaulters.

3) Goods Service Tax Registration will lead to the creation of a unified market, which would facilitate seamless movement of goods across states and reduce the transaction cost of businesses.

4) Tax evasion will be reduced with lower tax and lower cost will result in better investments in manufacturing industry.

5)One tax instead of so many different taxes will make tax compliance’s easier.

6) Increased investments in manufacturing industries and lower cost will result in increased volume of exports.

7) Divination of burden of tax between goods & service industries.

HOW WILL GST HELP CONSUMER?


Today consumers have no idea about the extent of taxes they pay on goods. If you get a bill after buying merchandise which gives the extent of VAT you have paid, it is an understatement of the actual tax you have paid. Remember, well before merchandise reached the retail outlet, the central government has collected excise duty. The extent of excise duty is not mentioned in the bill.

1) GST includes goods as well as service tax. Presently, service tax is 15% and taxes applicable to manufactured goods as sales tax, CST, VAT, Excise etc. if applicable amount to 24—25%. After implementation of GST, it is recommended that tax will be flat @18%.

2) Price of services may go high. Elimination of multiplicity of taxes and their cascading effects.

3) Price of goods may go down with the less complexity in tax structure.

4) Imported goods may become more expensive as CVD & VAT @12.8%, while after application of GST tax rate will be @18%.

5) Manufacturers can avail tax credit, which will result in reduction of cost, and consumers will get goods at fair price.

The country is eagerly looking out for the roll-out of GST from April 2017, as the regime focuses on creating one single market for all and introduces destination based taxation. GST will attract more investments from foreign investors as the country shall be more industry- friendly. Also, this shall result in generating more employment opportunities. Therefore, it is imperative that the government makes efforts to make the law clear and industry friendly so that the industry and the economy benefits as a whole.

India Startup.in would be always happy to help you with Company Registration services, LLP Registration, Partnership Registration in Bangalore. Our team consists of lawyers, chartered accountants and company secretaries. We believe experience, service and results are the pillars of success. Be a part of the growing India’s startup ecosystem. Talk to our consultant to know more and get started.

Call us at +91 87227 50204 or email us at info@indiastartup.in for more information.

We look forward to working with you.

Monday, October 24, 2016

Similarities of an Limited liability Partnership and a Private Limited Company

Limited Liability

Both LLP and a Private Limited Companies have limited liability. Liability of partners of an LLP is limited to the extent of the agreed capital contribution in the LLP. Similarly, Liability of shareholders of a private limited company is limited to the extent of shares held.

For example, if Sam invested Rs 100,000 to start a private limited company. Sam’s liability is the investment of Rs 100,000. In other words, the potential loss cannot be beyond Rs 100,000. Sam won’t be liable for any liability beyond this Rs 100,000.

Similarly, in an LLP, the liability of Sam will be to the amount he has invested in the LLP and nothing more. However, the LLP will be liable to the full extent of its assets.


Body Corporate

LLP and Private Limited companies are body corporate and a legal entity separate from its partners and shareholders. LLP, similar to a private Limited company, is capable of entering into contracts and holding property in its own name.

Perpetual Succession

It has perpetual succession. Which means the LLP can continue its existence irrespective of changes in partners. Partners may come and go but the LLP continues to be in existence.

The same is the case for a private limited company, shareholders have the option to transfer their shares to another person and exit. However the company still continues to be in existence.

Saturday, April 23, 2016

India Startup Company Registration Firm

Start Up India Action Plan 


The launch of this plan was good music to ears of such people who had dreams of pursuing their own business, but did not have the funding required. The scheme ‘Start Up India Action Plan’ was launched because the Prime Minister of India strongly felt that our country has a lot of potential but what was badly needed was a ‘push’ to make those potential ideas grow in the form of new entrepreneurship. Such new potential ideas can now indeed be turned into entrepreneurship and also receive a loan for the startup of the business, provided the idea, process or service is one of its kind or points towards improvement of similar existing ideas, processes or services. 

On 16th January, 2016, Startup India Action Plan was launched by India’s Finance Minister at Vigyan Bhawan, New Delhi. The plan or scheme spoke about improving the country’s economy and generate large scale employment opportunities by encouraging more entrepreneurship and formation of new companies, partnerships and LLPs. The funding for eligible plans is to be provided by the Government through international banks and other financial institutions who are lending financial assistance for the scheme. 

What exactly is Startup India Action Plan all about? 

Startup India Action Plan is an initiative taken by the Government of India for better economic growth, to nurture innovation, generate more employment and to build a strong eco system. 

Every new innovative idea which is promising and commercial in nature can now shape up into the form of a new entrepreneurship. 

The plan wants to encourage women entrepreneurs, hence, credit facilities are offered at lower rates to Women entrepreneurs and backward classes.

Startup scheme applies to a wide array of sectors from digital and technology to agriculture, healthcare, education etc. 

The plan applies to Tier 1, 2 and 3 cities and also semi-urban and rural areas. 

The eligibility for the plan is restricted to new products, processes or services or an improved version of the same. 

Apart from being commercial in nature, the product, process or service must also have value for workflow or value for customers. 

Advantages of Startup India Action Plan 

Any new idea working towards innovation, commercialization of new products/services/processes, development or deployment has a new ray of hope to convert into entrepreneurship under this scheme. 

Startup India Action plan aims to empower Startups to grow through innovation and design. 

Easy Registration/E-registration available. 

80% reduction in the application fee. 

Income Tax relaxed for the first three years.

 A dedicated web portal and mobile application will be developed.

 First three years to be inspection free. 

Easy exit policy available. 

Female applicants and backward communities have special rates and arrangements. 

Launch of self-certification system. 

The scheme is available for a wide array of sectors like digital, technology, agriculture, healthcare, education, manufacturing etc. 

With Startup India Action plan coming into effect from April 2016, many new companies are expected to come into the market. Such new companies/entrepreneurship will need assistance for company registration, trademark registration, sales tax, and vat and establishment registration. To render such assistance, we have India Start-up - a company which helps new entrepreneurs establishes their venture effectively in the market. India Start Up can be described as a one-stop service organization which renders complete assistance to do with registration of companies and takes care of legal procedures/formalities. India Start Up also assists in other areas like converting a Private Limited Company to an LLP, tax computations, sorting out VAT related queries and so on. For new business startups who want to tie up things fast and at a reasonable pricing, there can be no better choice than India Start-Up where one can expect value added services at a very low cost.

The following is a list of documents required for company registration of a Private Limited Company, Partnership companies, Limited Liability Partnership and One Person Company:

PAN of the Directors
Address Proof (copy of Passport/ Voter's ID/ Driver's License/ Bank Statement)
Passport Size Photographs
Address Proof of the place of business (copy of the rental agreement or electricity bill)

 For registration of Trademark of the company, the procedure requires: 

Submission of Logo Design
Power of Attorney.