Manager - Finance & Accounts
57846 Points
Joined June 2010
Hey Kevin! Great question — setting up a dental clinic with a non-dentist investor involves some important tax and structuring considerations. Here’s a quick breakdown for you:
1. Entity Options
You’re thinking of a partnership, which is common, but you could also consider:
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LLP (Limited Liability Partnership): Limited liability, flexibility, pass-through taxation.
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Private Limited Company: More compliance but separate legal entity, limited liability, easier to raise capital.
For a small clinic, partnership or LLP is usually simpler.
2. Tax Implications for Non-Dentist Partner (Investor)
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Share of Profit Taxation:
As a partner, your share of the clinic’s profit will be taxed in your hands as business income under your personal income tax return.
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No Special Dentist Exemptions for You:
The tax exemptions or benefits available to dentists (like presumptive schemes or certain deductions) typically relate to the professional income of the dentist only. Since you’re a non-medical investor, those may not apply to your share.
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Losses:
You can set off your share of losses only against income from the same business (subject to partnership loss rules).
3. GST (Goods and Services Tax)
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Dental clinics are exempt from GST if they provide medical services by a qualified medical professional.
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Since you’re a non-dentist partner investing in infrastructure, make sure the clinic is primarily providing medical services by your dentist partner to claim exemption.
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Input Tax Credit (ITC) on equipment may not be available if the clinic is exempt; so careful consideration needed for GST on capital goods.
4. Investment & Running Costs
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Since you are funding infrastructure and running costs, keep clear records and formal agreements about capital contribution, profit-sharing ratio, and repayment if any.
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Any interest or returns paid to you (if structured as a loan) will have different tax implications than partnership profit.
5. Other Important Points
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Professional Tax & Licensing: Dentist partner should hold the required licenses and registrations.
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TDS (Tax Deducted at Source): On payments like rent, contractor payments, etc., as applicable.
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Books & Records: Maintain separate books for the clinic to clearly show income, expenses, partner’s share, etc.
Suggestion:
Before finalizing, discuss with a CA or tax consultant who can help draft a clear partnership deed covering profit sharing, tax treatment, and roles. Also, they can advise on the best entity type based on your long-term plans.