Taxation in Pvt Ltd Co., LLP, OPC

Which is better- Private Limited Company, LLP or OPC- From the Taxation point of view

 

In this article, we have discussed taxation in Pvt Ltd Co., LLP. & OPC. We have given a few points that clarifies the advantages and disadvantages of these business structures from a taxation point of view.

There are various business structures like Private Limited Company, OPC, LLP, Sole proprietorship etc. Before starting a business and choosing a business structure, the entrepreneurs who wish to start their business need to think about all the pros and cons of selecting a particular business structure.

 

Each business structure has several factors which need to be thought upon, such as ease of commencing operations, compliance requirements and the costs involved, agreements with other members and needs to raise funds. Taxation is one of the basic elements that by default comes as a liability when you start a business.

 

Each structure attracts a certain tax liability and it is important to consider the tax implications before finalizing the formation.

Taxation in Limited Liability Partnership

  • A firm is taxed as a separate legal entity.
  • In computing, the taxable income of a firm any salary, bonus, commission, or remuneration that is due to or received by a partner is allowed as a deduction subject to certain restrictions.
  • Where a firm pays interest to a partner, the firm can claim a deduction of such interest from its total income.

Register an LLP Now

Taxation in Pvt Ltd Co.

  • A company is a juristic person having a separate legal entity distinct from the members who constitute it hence taxed as a separate legal entity.
  • A private limited company as a company having a minimum paid-up share capital and which by its articles
  1. Restricts the right to transfer its shares
  2. limits the number of members to 200
  3. Prohibits any invitation to the public to subscribe to any securities of the company

Register a private limited company

Taxation in One Person Company

  • OPC is a company that has only one person as a member.
  • Like a Private Limited Company, an OPC is a separate legal entity distinct from the member who constitutes it.
  • It is a formal company structure without requiring a director/partner as is the case with a private company/ partnership.

 

Register an Opc

 

Taxation Liability- Comparison table

Title

Pvt Ltd Co.

OPC

LLP

Income Tax Rate

30%

30%

30%

Surcharge

7% when total income exceeds INR 1 cr but less than INR 10 cr.

12% when total income exceeds INR 10 cr.

7% when total income exceeds INR 1 cr but less than INR 10 cr.

12% when total income exceeds INR 10 cr.

12% when total income exceeds INR 1 cr

Taxed as

Domestic Company

Domestic Company

Partnership Firm

salary

Director’s salary is allowed as an expense

Director’s salary is allowed as an expense

Partner’s salary allowed as deduction

Interest and Remuneration

is taxable income

is taxable income

Allowed as deduction

Loans

Loans to the directors are taxable when repaid

Loans to the director are taxable when repaid

Loans to the partners are not taxable when repaid

Tax burden

moderate

moderate

low

MAT

Applies

Applies

AMT applies

Distribution Dividend Tax

Applies

Applies

Does not apply

 

 

Must Read: How to save tax in a private limited company

 

Also, read – LLP and Private Limited Compared

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Author: dharti

Dharti Popat (B.Com, LLB) is a young, enthusiastic and intellectual Content Writer at Ebizfiling.com. She studied Law and after practicing as an Advocate for quite some time, her interest towards writing drew her to choose a different career path and start working as a Content Writer. She has been instrumental in creating wonderful contents at Ebizfiling.com !

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2 thoughts on “Taxation in Pvt Ltd co., LLP or OPC- Which is beneficial

  1. Hi Team,

    I am planning to build one Company for one of my building software product. As a creator and innovator I need to keep hold the decision and ownership with me but I have 2 to 3 members with whom I need to start for future scope. As I am not sure about their future contribution so predicting on the basis of future decision is not possible to divide share at initial stage. Therefore entire ownership I need to hold and one basis of their contribution I will divide share. So let me know how to hold that with super normal share of the owner.

    Regards,
    Onkar

    1. Hello Sir,

      You can form a One Person Company in which you can hold 100% ownership of the company. You can be a shareholder of the company who holds 100% ownership. For the other 2-3 members, you can appoint them as the Directors of a company. Please contact us at +919643203209 / mail us at info@ebizfiling.com, if you need any additional information or assistance.

      Thanks for connecting.

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