Wednesday 31 October 2018

Why should you start a private limited company?


There are various elements a business person ought to consider before picking the kind of business one intends to enlist. The size and nature of business, gathering pledges, scale and so on ought to be considered before picking the sort of business element. Here are a portion of the reasons why you should enlist your business as a private restricted organization.

Constrained Liability
One of the principle favorable circumstances of beginning a private constrained organization is restricted risk. Constrained obligation implies restricted introduction to monetary hazard by financial specialists of an organization. Restricted obligation implies the investors risk in the organization is constrained to the capital sum put resources into the organization. For instance, if Sam contributed Rs 100,000 to begin a private constrained organization. The risk is his speculation of Rs 100,000. At the end of the day, his can potential misfortune can't be past Rs 100,000. He won't be subject for any obligation past this underlying Rs 100,000.

Business Continuity
Privately owned businesses appreciate ceaseless progression. What does never-ending progression mean? Investors may travel every which way, yet the organization still keeps on being in presence. The organization is unaffected by the demise of any of its investors or the exchange of its offers to someone else. For instance, in an organization firm, an adjustment in the participation prompts disintegration of the current association while in a private constrained organization, one investor may exchange his offers to another, however the organization still keeps on working.

Raising money
Money related establishments, for example, banks, investment reserves, private value reserves loan their assets all the more readily to private constrained organizations that to different types of business associations. Banks will probably loan to constrained organizations since they can utilize the advantages of the organization as security for the credit. Funding firms put resources into a private restricted organization in return of value shares; this can't be accomplished in an association firm.

Exchange and Exits
Restricted organizations are simpler to offer when contrasted with association firms. Possession is spoken to by value or inclination shares and these can be effortlessly sold without influencing the exercises of the organization.

Compensations to chiefs
There is no greatest point of confinement on the pay being paid to chiefs; while there is a roof restrain on the pay paid to accomplices of an organization firm according to Income Tax Act, 1961.


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Wednesday 24 October 2018

MCA eases process for incorporation of LLPs


Ministry of Corporate Affairs (MCA) has notified amendment to the Limited Liability Partnership Rules, 2009 wherein process of incorporation of LLPs and reservation of their name have been amended in order to ease of doing business. Under revised norms, a new web based form ‘RUN-LLP’ has been introduced through which names of a LLP can be reserved without digital signature and Designated Partner Identification Number (DPIN). This form is very much similar to RUN web service reservation of name in case of companies. In this form, only two name can be proposed at single point of time and one resubmission is also allowed for reservation of name. In total, 4 names can be proposed.

On the other hand, to make the incorporation process form LLPs easier, a new form named ‘Form for Incorporation of Limited Liability Partnership (FiLLiP)’ has been introduced through which LLPs can be incorporated with up to 2 individuals as designated partners who do not have DIN. This new improvised process for applying for DPIN is similar to spice form for Company Incorporation.

Sebi allows NRIs, resident Indians to take FPI route
The Securities and Exchange Board of India (Sebi) on Friday diluted its controversial circular issued on April 10, which laid down the know-your-client (KYC) and ownership norms for foreign portfolio investors (FPIs).

In a reversal of stance, the market regulator has allowed both resident and non-resident Indians (NRIs), along with overseas citizens of India (OCIs), to invest in Indian markets through the FPI route, subject to certain conditions. The earlier circular virtually barred individuals with India connection from investing or managing a foreign fund.
The regulator, however, reiterated that the KYC requirements for FPIs would have to be in line with the rules under the Prevention of Money Laundering Act (PMLA).

Revised KYC norms for Foreign Portfolio Investors: SEBI
The Securities and Exchange Board of India has issued the revised guidelines for know your client (KYC) requirement for foreign portfolio investors wherein provision related to KYC documentations, Exempted documents, data security, timelines for compliance have been discussed.

Govt. constitutes high level committee on Corporate Social Responsibility
A high level committee has been constituted under MCA to review the existing framework and guide and formulate the roadmap for a coherent policy on CSR. The Committee is expected to review the existing CSR framework as per Act, Rules and Circulars issued from time to time and recommend guidelines for better enforcement of CSR provisions. It will analyse outcomes of CSR activities/programmes/projects and suggest measures for effective monitoring and evaluation of CSR by companies.

Ordinance Likely to Fast-Track Dispute Resolution
The government is mulling an ordinance which provides for time-bound settlement of commercial disputes and make arbitrators accountable, a senior government functionary has said. The ordinance is based on a bill cleared by Lok Sabha during the monsoon session. The bill is pending in Rajya Sabha and may get cleared only in November or December. The government feels an early measure to settle commercial disputes at a faster pace will help improve India’s ranking on ease of doing business index, the functionary explained.The bill seeks to help India become a hub for domestic and global arbitration for settling commercial disputes. The draft law provides for a timebound settlement of disputes as well as accountability of the arbitrator. The government feels that there is a need for robust mechanism to deal with institutional disputes.

Ecommerce Cos may Not Need Office in Each State
Amazon, Flipkart and a host of other ecommerce service providers may not require offices in each state to comply with the withholding tax provision under the goods and services tax (GST). They are required to collect this tax when they make payments to suppliers from October 1.
Ecommerce platforms have represented to the government that the provision be deferred. They said it would create compliance issues for them because they would need presence in every state. The vendors will face working capital issues, they added.

State and central government officials, who met a day before the GST Council meeting, have backed implementation of the provision in wake of revenue concerns but agreed for relief on presence in every state

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Friday 5 October 2018

Registering a wholly owned subsidiary company in India


MNC's who choose to operate in more than single country can operate its business through a wholly owned subsidiary. Wholly owned subsidiaries can be called as those companies in which Parent Company owns all the shares of the subsidiary which gives access to the parent company to select a board of directors of the subsidiary or control the subsidiary.Wholly owned subsidiaries can also be a part of a different industry.

The subsidiary company is a company which can be incorporated by accessing the most of shares of the company (more than half) or either by way of controlling the composition of a board of India.
These type of companies can be called as a private limited company in India. They are recognised as Indian companies under the Income Tax Act, and they are also eligible for the deduction and exemption benefits like other Indian companies.

Following requirements to set up Wholly Owned Indian Subsidiary registration:
1. There must be minimum 2 shareholders.
2. There must be 2 directors, one must be an Indian resident.
3. All the directors must have DIN (Director Identification Number).
4. All the directors must have DSC (Digital Signature Certificate).
5. Less than a month of the incorporation , it is necessary to introduce a minimum paid-up share capital of rupees one lakh.


Advantages of Incorporating Wholly Owned Subsidiary or Indian Subsidiary
Brand Name
It provides the benefits to both parent company and as well as to the subsidiary company.

Control
Benefit to a parent company who can execute strategic control over its subsidiary company.

Common financial system
It provides a benefit of cost synergies by using a common financial system, sharing the administrative cost and other expenses between parent & subsidiaries.

Limited Liability
There is a limited liability for both the companies.

Global Stratergy
It provides protection and security to the company’s trade secrets, expertise and technical knowledge along with the control over the operations.

A foreign company can incorporate a wholly owned subsidiary in India after considering all the benefits tied with it.

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Tuesday 18 September 2018

Highlights of 29th GST Council Meeting



The 29th GST Council meeting was held on August 04, 2018 at New Delhi. The GST Council meeting has been held to address the concerns of Micro, Small and Medium Enterprises (MSME’s) and to affirm the proposal of cashback on digital transactions. The key recommendations of meeting are as follows:

1. Cashback on Digital Transactions
The GST Council has recommended cashback of 20% of GST paid on B2C transactions subject to the maximum amount of Rs. 100 per transaction. The payment of GST shall be made through BHIM Application and RuPay cards. This decision will boost digital transactions and cashless economy.

2. Sub-Committee for MSME’s issues
The GST Council has decided to constitute a sub-committee to review the concerns of MSMEs on various tax and compliance related issues. The West Bengal Finance Minister said that the group of ministers will look into all proposals to give relief to MSMEs with turnover of upto Rs. 1.5 crores from the central GST (CGST). This would restore the excise duty exemption available to small businesses in the pre-GST regime.

An insight into the GST Amendments as passed by the Lok Sabha
On August 9, 2018 the Lok Sabha has passed the GST Amendment Bill, 2018. The Bill provides for more than 40 amendments to the GST Act. These amendments aim to simplify the GST law and to ensure administrative convenience for the Small and Medium Enterprises. These amendments shall come into force form such date as the Central Govt. may announce those through notification in the Official Gazette. Here is an insight into all significant amendments as passed by the Lok Sabha.
  1. RCM shall be applicable only on notified registered persons for supplies made by unregistered persons
  2. Threshold limit for Composition Scheme increased to Rs. 1.50 crores
  3. Composition Scheme is available if small portion of service is also provided by trader or manufacturer
  4. No ITC of GST paid on repair and maintenance of motor vehicles
  5. Scope of ITC in respect of motor vehicles expanded
  6. ITC allowed for food and beverages provided to employees under any law
  7. Changes made in the GST Act for new returns approved by GST Council
  8. Registration limit increased to Rs. 20 lakhs for 6 specified States
  9. Exemption from compulsory GST registration for e-commerce operators who are not required to collect TCS
  10. No GST on processes done on goods temporarily imported into India which are exported
  11. Payment for export of services can be received in Indian rupees if permitted by RBI
  12. Concept of business vertical has been removed from GST

Govt. permits use of stickers for revising price of pre-packaged commodities due to reduction of GST rate
Government has granted permission to affix an additional sticker for declaring the reduced MRP on the pre-packaged commodities. However, the earlier labeling/ sticker of MRP will continue to be visible. This relaxation will be applicable  in the case of unsold stocks manufactured/ packed/ imported where the MRP would reduce due to reduction in the rate of GST w.e.f. 27th July, 2018.
This order shall be applicable upto 31st December, 2018.

Due date for filing GSTR-3B and GSTR-1 for each month from July to Mar., 2019
The return in FORM GSTR-3B of the said rules for each of the months from July, 2018 to March, 2019 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month.Payment of taxes for discharge of tax liability as per FORM GSTR-3B.– Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger or electronic credit ledger, as the case may be, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return.Further, the Govt. has extended the due date of filing GSTR-1 for the months of July, 2018 to March, 2019 to 11th day of the next month for taxpayers having turnover above Rs. 1.5 crore.

Foreign Funds Reluctant to Disclose Ultimate Beneficial Owners
Foreign funds are reluctant to disclose their ultimate beneficial owners (UBOs) to the Indian regulator.
A large number of foreign portfolio investors (FPIs) have voiced reservations to capital market regulator Sebi about naming the UBOs — a new disclosure rule for offshore investors — as it may be onerous, unnecessary, and in many cases amount to a breach of privacy.
While Sebi probably believes that persons handling drug or terror money, indulging in sharp practices and violating anti-money laundering rules cannot be allowed to hide behind institutions, the offshore funds think that identifying the ‘last natural person’ or pinpointing ‘control’ can be virtually impossible in many funds.

FPIs raise red flag on KYC rules over privacy woes
Custodians of foreign portfolio investors (FPIs) as well as industry lobby groups have written to the Securities and Exchange Board of India (Sebi), raising privacy concerns arising out of the regulator’s April 10 circular mandating disclosure of additional information to identify the beneficial owners (BOs).
As part of Sebi’s know-your-client (KYC) requirement, FPIs have to disclose BOs’ details such as address, date of birth, tax residency number, social security number and passport number, and they have six months to comply with the directive.
“India’s new KYC norms may clash with global data privacy laws. Investment firms globally, too, are not comfortable with sharing personal information of their employees,” said a source. “Data security is another area of concern. No one is quite sure if India has the right infrastructure in place to ensure adequate security.”

Auto components industry seeks uniform 18% GST on all products
Auto component industry today sought uniform 18 per cent GST across the sector stating that low taxation would lead to better compliance and and larger tax base.
The industry, which reported a growth of 18.3 per cent to Rs 3.45 lakh crore in 2017-18, said the lower tax levy would also help in curtailing flourishing of grey operations in the aftermarket.
“One of the key demands of the industry has been a uniform 18 per cent GST rate across the auto component sector. Currently 60 per cent of the components attract 18 per cent GST rate, while the rest 40 per cent, majority of which are two-wheelers, and tractor components attract 28 per cent,” ACMA President Nirmal Minda told reporters here.


Friday 24 August 2018

Online Taxation & VAT registration


 After having registered their business to sell their products online or offline the next big step is how to register for VAT so you can then charge your customers.

VAT registration is required when you are in business of any goods or products that can be felt or touched and exceeds specified amount of annual turnover By rules of The Department of Customs and Excise the turnover from a business after which you must register is currently Rs 10 00 000 per annum. Under this and it's optional for registration. Specified amount of turnover depends on the state regulations which are INR 5 to 10 lakhs.

There are several reasons in favour of registering for VAT regardless of what your turnover may be:
1. When purchasing goods for your business lots of companies will only deal with you when you have registered for VAT and can provide with your VAT number.
2. Being VAT registered also emits an impression that your company is of some extent and may help to bring in business.
3. Being VAT registered allows you to offset the amount of VAT you paid on any purchases you may make for the business and therefore lower the amount of tax you pay.

The procedure of VAT registration is simple. First you need to need to fill VAT registration form online/offline, after submission the place of business is inspected by authorities, the forms are processed after payment of VAT deposit and then VAT Certificate is generated.

The documents required for VAT registration

1. Company Incorporation certificate.
2. MoA, AoA
3. PAN card of directors
4. Address proof of directors
5. Address proof of place of business
6. 4 photographs of proprietor/ partners/ directors



If you have any Query regarding this Click Here

Thursday 16 August 2018

Online Taxation & VAT registration



After having registered their business to sell their products online or offline the next big step is how to register for VAT so you can then charge your customers.
VAT registration is required when you are in business of any goods or products that can be felt or touched and exceeds specified amount of annual turnover By rules of The Department of Customs and Excise the turnover from a business after which you must register is currently Rs 10 00 000 per annum. Under this and it's optional for registration. Specified amount of turnover depends on the state regulations which are INR 5 to 10 lakhs.
There are several reasons in favour of registering for VAT regardless of what your turnover may be:
1. When purchasing goods for your business lots of companies will only deal with you when you have registered for VAT and can provide with your VAT number.
2. Being VAT registered also emits an impression that your company is of some extent and may help to bring in business.
3. Being VAT registered allows you to offset the amount of VAT you paid on any purchases you may make for the business and therefore lower the amount of tax you pay.
The procedure of VAT registration is simple. First you need to need to fill VAT registration form online/offline, after submission the place of business is inspected by authorities, the forms are processed after payment of VAT deposit and then VAT Certificate is generated.
The documents required for VAT registration

1. Company Incorporation certificate.
2. MoA, AoA
3. PAN card of directors
4. Address proof of directors
5. Address proof of place of business
6. 4 photographs of proprietor/ partners/ directors
If you have any Query regarding this Click Here

Tuesday 24 July 2018

Why its Important to outsource Finance and Accounting Services?


 Accounting outsourcing is about a contract signed by an organization with third party consultant to outsource partially or fully their accounting services. Finance and accounting outsourcing activities are trending in various organizations, as outsourcing accounting and book keeping services helps to work on main functions of business and to work more efficiently with the business core area and improve decision making and other tactics. It can bring considerable increase in company’s level of productivity and efficiency.

When a company does finance and accounting outsourcing, it expects several benefits out of it as follows-
Expertise having Up-to-Date Knowledge and Robust Processes :
The market keeps changing continuously due to frequent amendments in applicable laws and procedures. Companies do not have knowledge about or access to these latest amendments So, Updated knowledge of their team and time-tested processes enable us to provide quality accounting and bookkeeping services that are accurate.

Less Consumption on Training :
Organizations does not want their time and energy in training, mentoring and retention of their accounts team as it is the responsibility of accounting outsourcing partner. With finance and accounting outsourcing, company can spend more time and focus more on their main functions of the business which are beneficial for the growth of their company. And, by accounting outsourcing, every employee gets a chance to work efficiently on his field of work where he feels he can contribute more.
Faster Processing Time: With the help of accounting outsourcing services, there is faster and timely processing of services as experts are having full knowledge of accounting and finance handles the processes.The company can gain from the expertise of these professionals who have great knowledge and experience in this field.

Cost Effectiveness: By outsourcing accounting and bookkeeping services, One can get access to skilled professionals like CAs, CS’s, tax consultants and accounts executives at much lower expenses without compromising on quality. Companies can save cost of salary, new software applications, infrastructure, employment taxes and other overhead costs. One can perform accounting services relatively cheaply and efficiently than companies working with in-house team.

Scalability: As the business undergoes change; it may need to have a go at the accounting and book keeping activities. It is easy to increase or decrease these services by simply telling us about the changes required rather than In-house team.


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