Hello Auditor

How can companies plan taxes during incorporation?

Selection of Appropriate Business Structure

  • Choose a tax-efficient entity type such as private limited company, LLP, or public company.
  • Consider tax implications of ownership structure, liability, and capital requirements.
  • Evaluate startup incentives and tax holidays available under the Income-tax Act.
  • Select a structure aligned with future funding, compliance, and expansion plans.
  • Proper entity selection helps optimize tax liabilities from the beginning.

Initial Capital Planning and Shareholding

  • Design the capital structure to avoid unnecessary tax on share premiums.
  • Ensure compliance with provisions under section 56(2)(viib) for share valuation.
  • Allot shares at fair market value to avoid scrutiny and future tax exposure.
  • Register and validate shareholder contributions to avoid classification issues.
  • Maintain proper records and agreements for equity and preference shares.

Tax Registration and Compliance Setup

  • Apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN).
  • Register for GST, TDS, and professional tax, if applicable.
  • Set up accounting systems aligned with statutory tax reporting requirements.
  • Ensure bank account and business address match with tax records.
  • Avoid delays in statutory registrations to prevent interest and penalties.

Utilization of Deductions and Exemptions

  • Plan early capital and revenue expenditures to claim preliminary expense deduction under section 35D.
  • Structure R&D activity to claim benefits under section 35 and other applicable provisions.
  • Evaluate eligibility for startup tax benefits under section 80-IAC.
  • Consider tax holidays for SEZ units or infrastructure businesses, if relevant.
  • Document all expenses carefully for audit and tax claims.

Maintaining Proper Documentation and Audit Readiness

  • Maintain accurate records of incorporation expenses, legal fees, and consultant payments.
  • Ensure board resolutions, contracts, and financial statements are documented.
  • Keep track of share issuance, statutory filings, and tax return timelines.
  • Prepare for tax audits by setting up compliant accounting practices.

Early recordkeeping ensures smooth assessments and lowers future tax risks.

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