Tax implications while setting up a small time startup in India

Tax planning 89 views 1 replies

I am currently running an IT service company in UAE since Jan 2024 when I was a resident in India. Since April 2025 I am an NRI and due to family situations I will be returning to India by end of this year after completing 183 days. I still have 3 years of my trade license in UAE active till 2028.

So next year(starting April 2026),I am thinking of working from India for which I need to decide a legally compliant setup where the tax and opex costs are under 20L as that was my expenses for an year in UAE. 

So I am working towards finding an arrangement that will let me do this. The annual turn over is 1.4Cr where 20L goes as salary to an employee and the rest is something I withdraw as my salary in the current UAE setup.I do not plan to expand any time soon, so this is more like an extended freelancing work for now. 

I have my wife who is full time working in IT consulting with another company who will help me in some capacity to create a salary arrangement structure as well.

I have been reading about 44ADA, but since my take home is 1.2Cr and it crosses the 75L threshold, I am looking at the best possible ways to leverage/not leverage 44ADA and keep the tax(personal income and corporate) and company running costs below 20L. Due to the remote working nature, there are nil expenses other than the internet costs. 

Thanks in Advance

Replies (1)

Given your situation, let's explore options for a legally compliant setup in India with tax and operational expenses under ₹20 lakhs.

Understanding Your Requirements - 

Annual turnover: ₹1.4 crores - Salary to employee: ₹20 lakhs - Your take-home salary: ₹1.2 crores - Operational expenses (Opex): Nil, except internet costs -

Goal: 

Minimize tax and company running costs below ₹20 lakhs Options to Consider

 1. Proprietorship Firm - *Taxation*: Subject to personal income tax slab rates - *Compliance*: Simple setup, minimal compliance requirements - *Costs*: Low setup and maintenance costs

 2. Private Limited Company - *Taxation*: Corporate tax rates apply (15% for turnover up to ₹400 crores) -

*Compliance*: More complex setup, stricter compliance requirements -

*Costs*: Higher setup and maintenance costs 3. LLP (Limited Liability Partnership) 

- *Taxation*: Pass-through taxation (similar to partnership firm) - 

*Compliance*: Moderate compliance requirements - *Costs*: Moderate setup and maintenance costs Leveraging 44ADA - 

*Presumptive Taxation Scheme*: 44ADA allows professionals to declare 50% of gross receipts as business income, subject to certain conditions - *Benefits*: Reduced compliance burden, potential tax savings - 

*Applicability*: Since your turnover exceeds ₹75 lakhs, you might not be eligible for 44ADA. However, you can explore other presumptive taxation schemes like 44AD or 44ADA for specific business segments Structuring Your Business 

- *Salary Arrangement*: Consider paying yourself a salary and utilizing the rest as dividends or retained earnings - 

*Employee Salary*: ₹20 lakhs is a significant expense; ensure proper documentation and compliance - 

*Internet Costs*: Claimable as business expenses Tax Planning -

 *Personal Income Tax*: Optimize your tax liability by considering various deductions and exemptions available under the Indian Income Tax Act -

*Corporate Tax*: If you opt for a private limited company, explore tax benefits and deductions available for businesses Estimated Costs - 

*Company Setup*: ₹50,000 to ₹2 lakhs (depending on the structure and complexity) - *Annual Compliance*: ₹50,000 to ₹1 lakh (depending on the structure and complexity) -

 *Tax Liability*: Dependent on your chosen structure and tax planning strategies To achieve your goal of keeping tax and company running costs below ₹20 lakhs, consider consulting a tax professional or chartered accountant to determine the best structure and tax planning strategies for your specific situation.

They can help you navigate the complexities and ensure compliance with Indian tax laws.


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