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.



0 Comments