Setting up a business and understanding the complexities of filing returns is essential to running a business. A business tax return is an income tax return filing applicable to companies. It serves as a comprehensive record of the business’s earnings and expenses.
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A business tax return refers to an income tax return for businesses. A business income tax return is a comprehensive report that outlines a business’s income, expenses, and pertinent tax details, all presented in a designated form. It entails the submission of income tax returns for businesses, with the added requirement of reporting Tax Deducted at Source (TDS). This process must be carried out annually.
This return serves as a financial statement detailing earnings. It outlays and is a documentation of additional financial components like fixed assets, loans obtained, loans extended, debtors, and creditors within the business.
Both Indian citizens and companies are required to file income tax returns if their Gross Total Income (GTI) exceeds Rs. 3 lakhs (amounts below three lakhs are exempted). These ITRs for business income must be submitted annually within the specified deadline. Various income tax return forms are available, tailored to different criteria applicable to multiple groups of individuals and businesses. It is essential to identify the appropriate arrangements and submit them to the Income Tax Department of India for processing.
Filing ITR for business income offers several advantages, some of which are outlined below:
Filing a business income tax return is mandatory for all eligible businesses operating within the framework of Indian tax regulations. The need to do a business tax filing is contingent upon the structure of the business:
The different categories for filing business income tax returns are determined based on the types of business entities allowed to submit them. These categories correspond to other business structures and their respective designations.
Any individual with business income is said to be operating a proprietorship firm. Proprietorships operating in India are required to file income tax returns each year. Since proprietorships are considered the same as proprietors, a proprietorship’s income tax return filing procedure is similar to individual income tax return filing.
All proprietors below 60 years are required to file income tax returns if total income exceeds Rs. 2.5 lakhs. For proprietors over 60 years but below 80 years, income tax filing is mandatory if total income exceeds Rs.3 lakhs. Proprietors over 80 years and above must file income tax returns if the total income exceeds Rs.5 lakhs.
The income tax rate for proprietorship is the same as the income tax rate for individuals. Unlike the income tax rate for LLP or Company, which are flat rates, proprietorships are taxed on slab rates. The following is the income tax rate applicable for proprietorships for the assessment year 2023-24, wherein the Proprietor’s age is less than 60.
Proprietorship Tax Rate AY 2023-24| FY 2022-23– Proprietor’s age is less than 60 years
| Net Income Range | Rate of income-tax (%) |
|---|---|
| Up to Rs.2,50,000 | – |
| Rs.2,50,001 to Rs. 5,00,000 | 5 |
| Rs. 5,00,001 to Rs. 10,00,000 | 20 |
| Above Rs. 10,00,000 | 30 |
Proprietorship Tax Rate AY 2023-24| FY 2022-23–The Proprietor’s age is between 60 and 80 years
The following tax rate applies to a Proprietor who turns 60 during the previous year but is younger than 80 on the last day of the previous year:
| Net Income Range | Rate of income-tax (%) |
|---|---|
| Up to Rs. 3,00,000 | – |
| Rs. 3,00,001 to Rs. 5,00,000 | 5 |
| Rs. 5,00,001 to Rs. 10,00,000 | 20 |
| Above Rs. 10,00,000 | 30 |
Proprietorship Tax Rate AY 2023-24| FY 2022-23–Proprietor’s age is above 80 years
| Net Income Range | Rate of income-tax (%) |
|---|---|
| up to Rs. 5,00,000 | – |
| Rs. 5,00,001 to Rs. 10,00,000 | 20 |
| Above Rs. 10,00,000 | 30 |
In respect of a Proprietor, the rate of surcharge for the Assessment Year 2023-24 is tabulated here:
| Range of Income | Surcharge Rate |
|---|---|
| Rs. 50 Lakhs to Rs. 1 Crore | 10% |
| Rs. 1 Crore to Rs. 2 Crores | 15% |
| Rs. 2 Crores to Rs. 5 Crores | 25% |
| Above Rs. 5 Crore | 37% |
The rate of surcharge in case of the Proprietor opting for an alternate tax regime as per section 115BAC will be 25% instead of 37% for AY 2023-24
A proprietorship firm would require an audit if the total sales turnover is over Rs.1 crore during the financial year. In the case of a professional, an audit would be required if total gross receipts are more than Rs.50 lakhs during the financial year under assessment.
The income tax return of a proprietorship that doesn’t require audit is due on July 31. In case the income tax return of a proprietorship needs to be audited as per the Income Tax Act, then the return would be due on September 30.
Proprietorship firms would be required to file Form ITR-3 or Form ITR-4-Sugam. Form ITR-3 can be filed by a proprietor or a Hindu Undivided Family carrying out a proprietary business or profession. Form ITR-4-Sugam can be filed by a proprietor who wants to pay income tax under the presumptive taxation scheme.
All partnership firms must file income tax returns, regardless of income or loss. Partnership firms are taxed as a separate legal entity under the Income Tax Act. Hence, the income tax rate applicable for partnership firms is similar to LLPs and Companies registered in India.
All partnership firms are required to file income tax returns each year, irrespective of income or loss. If there was no business activity, a NIL income tax return must be filed before the due date for a partnership firm.
Partnership firms must pay income tax at 30% of total income. In addition to the income tax, a partnership firm is liable to pay an income tax surcharge on the amount of income tax at the rate of 12% when total income exceeds Rs.1 crores. In addition to the income tax and taxation, a partnership firm must pay a Health and education cess. Health & Education Cess is applicable on the amount of income tax and the appropriate surcharge at 4%.
Similar to income tax applicable for a company, partnership firms are subject to minimum alternate Tax. A minimum alternate tax of 18.5% of adjusted total income is applicable. Hence, income tax payable by a partnership firm’s profits cannot be less than 18.5 percent (increased by income tax surcharge, education cess, and secondary and higher education cess).
Partnership firms carrying on business with total sales of over Rs.1 crore are required to obtain tax audits. Similarly, partnership firms carrying on a profession wherein gross receipts exceed Rs.50 lakhs in the previous year are required to obtain tax audits. In addition, other applicable conditions could make an audit mandatory for a partnership firm.
Most partnership firms’ income tax return due date is July 31 of the assessment year. Partnership firms required to get their accounts audited under the Income Tax Act must file the income tax return before the September 30 deadline.
Partnership firms are required to file income tax returns in form ITR 5. Like all other income tax forms, ITR 5 is an attachment-less form, and there is no requirement for submitting any documents or statements along with a partnership firm tax return. However, the taxpayer must save all records about the business and produce the same before tax authorities when requested.
All LLPs are required to file an income tax return, irrespective of the amount of income or loss. LLPs are a separate legal entity and are taxed separately from the Partners of the LLP. The income tax rate applicable for LLPs is similar to companies registered in India.
All LLPs are required to file income tax returns each year, irrespective of income or loss. If there was no business activity, then a NIL income tax return must be filed before the due date.
The income tax rate applicable for LLP registered in India is 30% of the total income. In addition to the income tax, a surcharge is levied on the income tax payable at 12% when the total income exceeds Rs.1 crore. In addition to the income tax surcharge, a Health and education cess at 4% applies to the income tax and surcharge of an LLP.
Similar to income tax applicable for a company, LLP is also subject to minimum alternate Tax. A minimum alternate tax of 18.5% of adjusted total income is applicable for LLP. Hence, income tax payable by LLP cannot be less than 18.5 percent (increased by income tax surcharge, education cess, and secondary and higher education cess).
LLP whose turnover exceeded Rs. 40 Lakh or whose contribution exceeded Rs. 25 Lakh are required to get their accounts audited by a practicing Chartered Accountant. In addition, LLPs that entered into an international transaction with associated enterprises or undertook certain Specified Domestic Transactions must file Form 3CEB. Form 3CEB must be certified by a Chartered Accountant. LLPs required to file Form 3CEB have November 30 as the deadline for LLP tax filing.
The deadline for LLP tax filing in India is July 31. LLPs required to obtain a tax audit have September 30 as the deadline for filing an income tax return.
LLPs must file income tax returns using Form ITR 5. Form ITR 5 must be filed online using the digital signature of one of the designated partners of the LLP.
All companies registered in India are required to file income tax returns each year. Under the Income Tax Act, company tax return filing falls under two categories, namely domestic company or foreign company. Companies registered with the Ministry of Corporate Affairs, like Private Limited, Personal, or Limited Companies, are classified as domestic companies.
All companies registered in India must file income tax returns yearly, irrespective of income, profit, or loss. Hence, even dormant companies with no transactions are required to file income tax returns each year.
For Assessment Year 2024-25, the Income tax rate of 25% of total income is applicable for domestic companies with a total turnover of less than Rs.400 crores in 2020-21. For companies with a turnover of more than Rs.400 crores in the year 2020-21, an income tax rate of 30% is applicable. In addition to the income tax, companies must pay a surcharge and Health and Education Cess at 7% income tax and surcharge.
All companies are required to pay a minimum alternate tax at the rate of 15% of book profit plus surcharge and education cess if the company’s tax liability is less than 15% of book profit.
A company’s accounts must be audited each year by a Chartered Accountant, irrespective of turnover or profit/loss.
All companies registered in India are required to file income tax returns on or before September 30. Companies incorporated between January – March can file MCA annual returns after 18 months in the first year. However, the same type of exemption is not available under the Income Tax Act. Hence, even companies registered from January – to March must file income tax returns on or before September 30 of the same calendar year.
Companies registered in India and operating a business for profit must file Form ITR 6. Hence, private limited companies, limited companies, and one-person companies would be required to file Form ITR6.
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With our user-friendly platform and seasoned team, the process becomes less daunting, ensuring deadlines and rules are followed. We will keep you well-informed about crucial deadlines, assist in selecting the appropriate ITR form, and guide you through a meticulous, error-free filing process. With SRN Filings, you can confidently handle your business tax filing, saving time and minimizing the complexities involved.
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