It is well known that Companies Act 2013 introduced a new concept of single owner company that is One Person Company (OPC). It is operated and managed by a single member. It works like Private Limited Company but there is certain relief when it comes to the compliances in OPC.
Basically, the Income Tax for OPC is not recognized in the Income Tax Act 1961. But for the purpose of taxation, one must be clear that one person company is treated quite like Private Limited Company. Every, one person company which is registered in India should file income tax return.
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What is an Income Tax for OPC?
Every One Person Company registered in India is required to submit an income tax return. The deadline for filing Income Tax for OPC is 30th September. It is obligatory for OPCs to file income tax returns, irrespective of whether they have generated profits or conducted any transactions. The income tax rate applicable to One Person Companies is 25%.
What are the benefits of One Person Company?
One Person Company compliance adds benefits which includes high opportunities to attract funds from different financial sponsors, limited liability protection etc.
Here are some benefits of One Person Company:
- Easy to raise funds from Investors
- When the One Person Company is filing its annual compliances every year at proper time.
- It can easily get funds from various financial investors.
- Maintain active status
- When the One Person Company follows the rules and complies the annual compliances at right time.
- It will help them to be updated and maintain the active status of their company.
- Accurate data collection
- The Annual compliances of One Person Company make sure that the data collected for the purpose of compliances are true and accurate.
- Avoids hefty Penalties
- Proper and right annual compliances don’t amount to any kind of fine or penalties.
- If the annual compliance is not made by the OPC, then it should have to pay fine and penalties.
More benefits of One Person Company in India.
What are the Tax Rate and slabs on Income Tax for OPC?
The tax rate and slabs on Income Tax for OPC in India are as follows;
- Minimum Alternate Tax (MAT) is a provision under Direct tax laws which is applicable for OPC.
- Minimum Alternate Tax is calculated as 15% of the profit of One Person Company.
- If the net income slab is upto 1 crore then the applicable income tax rate will be 25%.
- If the net income slab is between 1 crore to 10 crore then the applicable income tax rate will be INR 25 lakhs + 25%.
- If the net income slab is above 10 crore, then the applicable income tax rate will be INR 25 lakhs + 25%.
What are the exemptions for One Person Company?
An OPC is also free from several obligations and have more relief compared to other types of companies. Following are the exemptions for OPC you can benefit.
- OPC is not obligated to include a cash flow statement as a component of their financial statements.
- Conducting an Annual General Meeting (AGM) is not required.
- In case of Annual Returns, the signature of either the Company Secretary or, the Director (in absence of secretary) is must.
What are tax saving opportunities and incentives for OPC?
One Person Companies in India can take advantage of deductions that offer them opportunities to save on taxes and access various incentives, such as:
- Taking advantage of deductions for business expenses and depreciation to trim taxable profits.
- Utilizing investment related deductions like section 80C for eligible investments.
- Taking advantage of the startup India initiative for tax benefits.
- Utilizing tax incentives available for particular industries like manufacturing, research and development, or exports.
What are the deductions available for One Person Company?
- Deductions for business expenses, including rent, salaries, utilities, professional fees etc.
- Depreciation of assets used for business purposes.
- Deductions for contributions to recognized charitable organizations.
- Special incentives and exemptions tailored for specific industries or activities, like startups or export focused enterprises.
Conclusion
In conclusion, the introduction of OPC under the Companies Act 2013 in India brought about several benefits, including easier fundraising, accurate data collection, etc. Despite the Income Tax Act 1961, the Income Tax for OPC is subject to 25%, with the imposition of Minimum Alternate Tax calculated at 15% of profits.
Additionally, OPCs enjoy exemptions from certain obligations, and they can leverage various tax-saving opportunities, incentives, and deductions, making them a viable and advantageous business structure.
FAQs
1. What is a One Person Company for Income Tax purposes?
In India, One Person Company is a form of a company owned and run by a single person. The Companies Act of 2013 recognises it.
2. What is the Income Tax Rate for a One Person Company in India?
OPCs pay the same taxes as other businesses in India. The corporation tax rate was 25% for firms with a turnover of up to INR 400 crore and 30% for organisations with a turnover more than INR 400 crore as of my most recent knowledge update in September 2021.
3. Is there any difference in compliance of Income Tax for OPC to other companies?
OPCs must comply with the same Income Tax compliance requirements as other businesses, including filing annual reports, income tax returns, and complying to relevant transfer pricing restrictions.
4. Can OPC claim deductions and exemptions under the Income Tax Act?
Yes, OPCs can claim deductions and exemptions under the Income Tax Act, such as deductions for business expenditures, depreciation, and exemptions for certain types of income
5. Are there any specific provisions for the carry forward of losses in an OPC?
OPCs, like other businesses, can carry forward and set off business losses. However, there are several limitations and requirements mentioned in the Income Tax Act regarding loss carry-forward and set-off.
6. Are OPCs eligible for any tax incentives or benefits for Startups or Small Businesses?
In September 2021, the Indian government has implemented a variety of tax breaks and perks for Startups and small firms, including OPCs. Lower tax rates, exemptions, and deductions were among the incentives.