How to choose a type of business entity?

Comparison between different forms of Entities:

 Criteria                       ProprietorshipPartnershipLimited Liability Partnership (LLP)Private Limited CompanyOne Person Company (OPC)
 Minimum Number of Members  OneTwoTwoTwoOne
 Maximum Number of Members  One20No limit200One
 Liability of Members                 UnlimitedUnlimitedLimitedLimitedLimited
 Separate Legal Entity      NoNoYesYesYes
 Statutory Compliances                 MinimalModerateModerateHighHigh
 Transferability of OwnershipN/ANoNoYesRestricted
 Annual Filing Requirements MinimalModerateModerateHighHigh
 Taxation                   Individual tax rates30% of Profits30% of Profit Plus CESS and Surcharges applicable25% of Profit Plus CESS and Surcharges applicable*25% of Profit Plus CESS and Surcharges applicable*
 Audit Requirement          Mandatory if turnover exceeds prescribed limitsMandatory if turnover exceeds prescribed limitsMandatory if turnover exceeds prescribed limitsMandatoryMandatory
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Conclusion:

Proprietorship: Simplest and easiest to set up but offers no limited liability.

Partnership: Easy to form with shared liability among partners. Registration is not mandatory but advisable.

LLP (Limited Liability Partnership): Combines the simplicity of a partnership with limited liability. Mandatory registration and compliance.

Private Limited Company: Offers limited liability with more complex compliance and registration processes. Suitable for medium to large-sized businesses. For Startups looking for investors this will be best.

One Person Company (OPC): Allows single entrepreneurs to enjoy limited liability with more regulatory compliance compared to a proprietorship. Consider your business objectives, risk tolerance, and long-term goals when choosing the most suitable business structure. Consulting with legal and financial advisors is recommended for making an informed decision. Get your free consultation with us.

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