FBS Advisory

Business setup

Detailed Comparison of Business Entities in India

Compare all 6 business structures with complete details on mandatory requirements, costs, compliance, and annual forms required to operate legally in India.

At a glance

Quick comparison

The essential facts side by side — registration route, capital, liability exposure, setup cost, and overall compliance load.

Sole Proprietorship

₹500–₹2K
Registration
GST / Shop Act
Capital
No minimum
Liability
Unlimited
Compliance
Low

Partnership

₹8K–₹12K
Registration
Partnership Deed
Capital
No minimum
Liability
Unlimited (joint)
Compliance
Low–Medium

LLP

₹15K–₹25K
Registration
MCA (FiLLiP)
Capital
No minimum
Liability
Limited
Compliance
Medium

One Person Company

₹15K–₹25K
Registration
MCA (SPICe+)
Capital
No minimum
Liability
Limited
Compliance
Medium

Private Limited

₹20K–₹40K
Registration
MCA (SPICe+)
Capital
No minimum
Liability
Limited
Compliance
High

Public Limited

₹50K+
Registration
MCA (SPICe+)
Capital
No minimum
Liability
Limited
Compliance
Very High

Deep dive

Structure-by-structure breakdown

Open any section to see who the structure suits, what you must file to set it up, and the annual forms that keep it compliant.

Best For

Solo entrepreneurs starting their first business

Registration Time

3–7 days (GST only if applicable)

Taxation

Your personal income tax slab rates (up to 30% plus surcharge and cess)

Capital Required

No minimum — you decide

Mandatory Requirements

  • Single owner (you are the business)
  • No separate legal entity
  • GST registration once turnover crosses ₹40 lakh for goods or ₹20 lakh for services (lower in some states), or for inter-state supply of goods
  • PAN in your name
  • Shop & Establishment Act registration (varies by state)
  • No separate bank account required but highly recommended
  • TAN needed only if you must deduct TDS (generally once last year's turnover crossed the tax audit limit)
  • No MOA/AOA required

Annual Forms & Compliance

FormPurposeDue
ITR-3 / ITR-4Individual return for business income31 August (non-audit) / 31 October (audit)
GSTR-1 & GSTR-3BMonthly/Quarterly filings (if GST registered)11th & 20th of next month
Books of AccountsRequired once income or turnover crosses the Income-tax Act limitsMaintained throughout the year
TDS returns (Forms 138/140, formerly 24Q/26Q)Quarterly, if you deduct TDS31 Jul, 31 Oct, 31 Jan, 31 May
Tax audit reportIf turnover exceeds ₹1 crore (₹10 crore with minimal cash) or professional receipts exceed ₹50 lakh30 September

Best For

Small professional practices and family-run businesses with 2 to 50 partners who trust each other

Registration Time

7–15 days (unregistered firm can start immediately)

Taxation

Taxed at 30% (plus surcharge/cess); partners are not taxed again on profit share

Capital Required

No statutory minimum — set by the partnership deed

Mandatory Requirements

  • Partnership deed on stamp paper (value varies by state)
  • PAN application in the firm's name (Form 49A)
  • Registration with the Registrar of Firms (optional but recommended for legal standing)
  • GST registration if turnover crosses the threshold or for inter-state sales
  • Current bank account opened with the deed and PAN
  • MSME/Udyam registration if seeking benefits under government schemes

Annual Forms & Compliance

FormPurposeDue
ITR-5Income tax return for the firm31 August (non-audit) / 31 October (audit)
GSTR-1 & GSTR-3BMonthly/quarterly GST returns11th & 20th of next month
TDS returns (Forms 138/140, formerly 24Q/26Q)Quarterly TDS on salaries/payments31 Jul, 31 Oct, 31 Jan, 31 May
Tax audit report (section 63, formerly 44AB)If turnover exceeds ₹1 crore (₹10 crore with minimal cash)30 September

Best For

Professional service firms and growing businesses that want limited liability without company-formalities

Registration Time

15–25 days

Taxation

30% (plus surcharge/cess); no dividend distribution tax or MAT credit issues

Capital Required

No minimum contribution — agreed in the LLP agreement

Mandatory Requirements

  • Digital Signature Certificate (DSC) for designated partners
  • Director Identification Number (DIN) for each designated partner
  • Name reservation via FiLLiP (RUN-LLP) on the MCA portal
  • Incorporation via FiLLiP with LLP agreement and subscriber sheet
  • LLP agreement filed within 30 days of incorporation (Form 3)
  • GST registration if applicable to the business activity

Annual Forms & Compliance

FormPurposeDue
Form 8Annual statement of accounts and solvency30 October
Form 11Annual return of the LLP30 May
ITR-5Income tax return31 August (non-audit) / 31 October (audit)
Audit of accountsMandatory if turnover > ₹40 lakh or contribution > ₹25 lakhBefore Form 8 is filed
GSTR-1 & GSTR-3BMonthly/quarterly GST returns11th & 20th of next month

Best For

Solo founders who want a separate legal entity and limited liability

Registration Time

12–20 days

Taxation

Same as a company: 22% under the concessional regime (about 25.17% with surcharge and cess), or 25%/30% under the normal regime

Capital Required

No statutory minimum; paid-up capital declared at incorporation

Mandatory Requirements

  • DSC and DIN for the sole director
  • Name reservation via SPICe+ (Part A) on the MCA portal
  • Incorporation via SPICe+ (Part B) with MOA and AOA
  • Nominee consent (Form INC-3) — nominee takes over on the director's death
  • PAN and TAN are issued automatically with incorporation
  • GST registration if the business activity is covered

Annual Forms & Compliance

FormPurposeDue
Form AOC-4Financial statements180 days from financial year end
Form MGT-7AAnnual return (small company format)60 days from the date the AGM would have been due
ADT-1Auditor appointment (mandatory)15 days from appointment
ITR-6Income tax return31 October
GSTR-1 & GSTR-3BMonthly/quarterly GST returns11th & 20th of next month

Best For

Startups and growing businesses that may raise funding or issue ESOPs

Registration Time

15–25 days

Taxation

22% under the concessional regime (about 25.17% with surcharge and cess), or 25%/30% under the normal regime, where MAT applies

Capital Required

No legal minimum (practical: ₹1 lakh+)

Mandatory Requirements

  • DSC and DIN for each director (minimum 2 directors, 1 resident in India)
  • Name reservation via SPICe+ (Part A) on the MCA portal
  • Incorporation via SPICe+ (Part B) with MOA and AOA
  • Share certificate issuance and statutory registers from day one
  • PAN and TAN issued with incorporation; EPFO and ESIC registration through AGILE-PRO-S
  • GST registration if the business activity is covered
  • Bank account opened with the Certificate of Incorporation

Annual Forms & Compliance

FormPurposeDue
Form AOC-4Financial statements30 days from AGM
Form MGT-7 / MGT-7AAnnual return60 days from AGM
ADT-1Auditor appointment15 days from AGM
DIR-3 KYCAnnual KYC for every director30 September
DPT-3Return of deposits/loans30 June
ITR-6Income tax return31 October
GSTR-1 & GSTR-3BMonthly/quarterly GST returns11th & 20th of next month

Best For

Larger businesses that want to raise capital from many shareholders, or plan to list on a stock exchange

Registration Time

20–30 days

Taxation

Same as a private company: 22% under the concessional regime (about 25.17% with surcharge and cess), or 25%/30% under the normal regime

Capital Required

No statutory minimum paid-up capital

Mandatory Requirements

  • Minimum 7 shareholders (a private company needs only 2)
  • Minimum 3 directors; at least 1 must be resident in India
  • Independent directors and audit committee once the Companies Act thresholds apply
  • Whole-time Company Secretary once paid-up capital reaches ₹10 crore, and for all listed companies
  • At least four board meetings a year, with no more than 120 days between two meetings
  • Listing is optional; listed companies must also follow SEBI rules, including minimum public shareholding
  • DSC and DIN for all directors

Annual Forms & Compliance

FormPurposeDue
Form AOC-4Financial statements30 days from AGM
Form MGT-7Annual return60 days from AGM
ADT-1Auditor appointment15 days from AGM
ITR-6Company income tax return31 October
GSTR-1 & GSTR-3BMonthly/quarterly GST returns11th & 20th of next month
TDS returns (Forms 138/140, formerly 24Q/26Q)Quarterly TDS on salaries/payments31 Jul, 31 Oct, 31 Jan, 31 May
Cost audit report (CRA-4)Only for industries and turnover levels covered by the cost audit rules30 days from receiving the cost audit report
Quarterly results and shareholding patternListed companies only, filed with stock exchangesAs per SEBI listing rules

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