Asktrix

Proprietorship Compliance Guide (Accounting, Auditing & Tax Requirements)

Proprietorship is one of the most popular business structures in India due to its simplicity and ease of operation. However, proprietors must comply with various accounting, auditing, and tax requirements to maintain legal standing and avoid penalties. This comprehensive guide covers all compliance obligations for proprietorship businesses.

Governing Acts and Rules

Proprietorship businesses must comply with various acts and regulations:

  • Income Tax Act, 1961: Tax compliance and filing requirements for proprietorship income
  • Goods and Services Tax Act, 2017: GST compliance for businesses with turnover above ₹20 lakhs
  • Shop and Establishment Act: State-specific labor law compliance
  • Professional Tax Act: Professional tax compliance in applicable states

Key Compliance Requirements for Proprietorships

Income Tax Compliance

Income Tax Return Filing

Proprietors must file income tax returns using appropriate forms:

  • ITR-3: For proprietors with business income and presumptive taxation
  • ITR-4: For proprietors opting for presumptive taxation under Section 44AD
  • Due Dates: July 31st (normal cases) or October 31st (tax audit cases)
  • Advance Tax: Quarterly advance tax payments based on estimated income

TDS Deduction and Filing

Proprietors must deduct TDS on applicable payments and file quarterly returns:

  • Deduct TDS on payments exceeding specified thresholds
  • File quarterly TDS returns (Form 24Q/26Q)
  • Issue TDS certificates to deductees
  • Pay TDS amounts within prescribed timelines

Financial Records to Maintain for Proprietorships

Books of Accounts
  • Cash Book
  • Ledger Accounts
  • Journal Entries
  • Purchase and Sales Registers
  • Bank Reconciliation Statements
Invoice Records
  • GST-compliant invoices for sales
  • Purchase invoices and bills
  • Credit and debit notes
  • E-way bills for goods transportation
Expense Vouchers
  • Travel and conveyance vouchers
  • Office expenses receipts
  • Professional fees receipts
  • Other business expense documentation
Employee Payroll Records (if applicable)
  • Salary and wage records
  • TDS certificates (Form 16/16A)
  • Provident Fund records
  • ESI records and contributions

Auditing Requirements for Proprietorships

Tax Audit

Tax audit is mandatory under Section 44AB of the Income Tax Act when:

  • Turnover Criteria: Business turnover exceeds ₹1 crore (₹2 crore for presumptive taxation)
  • Professional Income: Professional receipts exceed ₹50 lakhs
  • Audit Report: Form 3CD must be filed along with tax return

GST Audit

GST audit is required when:

  • Turnover Threshold: Annual turnover exceeds ₹2 crore
  • Audit Report: Form GSTR-9C must be filed
  • Due Date: December 31st of the following financial year

Timelines and Penalties

Key Deadlines and Penalties:

Income Tax Return Due By:
  • July 31st: Normal cases (ITR-4)
  • October 31st: Tax audit cases (ITR-3)
GST Compliance:
  • Monthly Returns: GSTR-1 (11th of next month), GSTR-3B (20th of next month)
  • Quarterly Returns: For businesses with turnover up to ₹5 crore
  • Annual Return: GSTR-9 (December 31st)
TDS/TCS Compliance:
  • Monthly Payment: 7th of next month
  • Quarterly Return Filing: 31st of next month
Professional Tax:
  • Monthly Payment: 15th of next month
  • Quarterly Payment: For small businesses
  • Annual Return: As per state requirements
Shop and Establishment License:
  • Renewal: Annual renewal required
  • Compliance: Maintain registers and records

Other Compliance Requirements

  • MSME Registration: Optional registration for benefits and schemes
  • Import Export Code (IEC): Required for international trade activities
  • FSSAI Registration: Mandatory for food-related businesses
  • EPF/ESI Registration: Required when employing workers above threshold limits

Benefits of Compliance for Proprietorships with Asktrix

  • Hassle-Free Compliance: Complete support for all compliance requirements
  • Error-Free Operations: Expert guidance to avoid penalties and mistakes
  • Efficient Bookkeeping: Systematic record-keeping and documentation
  • Tax Optimization: Maximum deductions and tax savings
  • Peace of Mind: Focus on business growth while we handle compliance
FAQ

Frequently Asked Questions

Find answers to common questions about proprietorship compliance, tax filing, GST requirements, auditing, and timelines.

Is it mandatory for all proprietorships to file tax returns?

Yes, proprietorships with annual income above ₹2.5 lakhs must file income tax returns. Even if income is below this threshold, filing returns is recommended for various benefits like loan applications and visa processing.

What forms are used for Income tax filing in proprietorships?

Proprietorships typically use ITR-3 for business income or ITR-4 for presumptive taxation under Section 44AD. The choice depends on turnover and accounting method adopted.

How is GST applicable to a proprietorship?

GST registration is mandatory for proprietorships with annual turnover above ₹20 lakhs (₹10 lakhs for special category states). Below this threshold, registration is optional but recommended for business credibility.

What if I miss the Income tax filing deadline?

Late filing attracts penalties up to ₹5,000 and interest on tax due. However, you can still file belated returns within one year of the due date with additional fees.

Do proprietorships need to file TDS returns?

Yes, if the proprietorship deducts TDS on payments like rent, professional fees, or contractor payments above specified thresholds, quarterly TDS returns must be filed.

Is it mandatory for proprietorships to register under the Shop and Establishment Act?

Yes, most states require proprietorships to register under the Shop and Establishment Act within 30 days of starting business operations.

What records are required for a GST audit?

GST audit requires maintaining books of accounts, invoices, purchase records, bank statements, and reconciliation statements between books and GST returns.

What is the penalty for late GST return filing?

Late GST return filing attracts penalties of ₹200 per day (₹100 for CGST + ₹100 for SGST) with maximum penalty of ₹5,000 per return.

When is a tax audit required for proprietorships?

Tax audit is mandatory when business turnover exceeds ₹1 crore (₹2 crore for presumptive taxation) or professional receipts exceed ₹50 lakhs.

How can Asktrix assist with my tax audit?

Asktrix provides complete tax audit support including preparation of books, reconciliation, audit report filing, and liaison with auditors to ensure smooth compliance.

Is bookkeeping mandatory for proprietorships?

Yes, maintaining proper books of accounts is mandatory for proprietorships with turnover above ₹1.2 lakhs or when opting out of presumptive taxation.

Do proprietors need an annual financial statement?

While not mandatory like companies, proprietors should prepare annual financial statements for tax filing, loan applications, and business analysis purposes.

Can I file presumptive tax under Section 44AD?

Yes, proprietorships with turnover up to ₹2 crore can opt for presumptive taxation under Section 44AD, declaring 8% of turnover as profit (6% for digital payments).

Is GST registration necessary if turnover is below ₹20 lakh?

GST registration is optional below ₹20 lakh turnover, but recommended for business credibility, input tax credit benefits, and competitive advantage.

What is the penalty for failing to deduct TDS?

Failure to deduct TDS attracts penalty equal to the amount not deducted, plus interest at 1% per month from the due date of deduction.

What are the due dates for Income tax payments?

Income tax payments are due quarterly: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15 of the financial year.

What is the advance tax payment schedule?

Advance tax must be paid in four installments: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15.

How often do I need to file GST returns?

Monthly GST returns (GSTR-1, GSTR-3B) are required for businesses with turnover above ₹5 crore. Smaller businesses can file quarterly returns.

Is professional tax applicable to proprietorships?

Professional tax applies in certain states like Maharashtra, Karnataka, Tamil Nadu, etc. It's levied on professionals and business owners based on income slabs.

How can Asktrix help me with GST compliance?

Asktrix provides complete GST compliance services including registration, monthly/quarterly return filing, reconciliation, annual return preparation, and audit support.

Ensuring smooth compliance for your proprietorship business with Asktrix provides not only legal adherence but also ongoing support for growth and success. Our comprehensive approach ensures your business meets all regulatory requirements efficiently and accurately.

Clear your doubts

Price Starts Onwards
₹12899 INR