Income Tax Applicability
- An OPC is taxed as a domestic company under the Income Tax Act, 1961.
- It is required to pay tax at the applicable corporate tax rate, currently:
- 22% under the new tax regime (Section 115BAA), subject to conditions.
- 25% if the turnover is up to ₹400 crore (as per the previous financial year under the old regime).
- 22% under the new tax regime (Section 115BAA), subject to conditions.
- A surcharge and health & education cess (4%) are also added to the tax amount.
- OPCs do not get the benefit of individual slab rates, even though they are owned by a single person.
- The income is taxed at the company level; dividends may be taxed in the hands of the member.
Advance Tax and Filing Obligations
- OPCs are required to pay advance tax if the tax liability exceeds ₹10,000 in a year.
- Advance tax must be paid in four instalments (June, September, December, March).
- Annual income tax returns must be filed using Form ITR-6, applicable for companies other than those claiming exemption under Section 11.
- Filing is mandatory even if the OPC makes a loss or has no income.
- Non-compliance with advance tax or return filing leads to interest and penalty.
Tax Deducted at Source (TDS)
- OPCs must deduct TDS when making certain payments, such as:
- Salary
- Professional fees
- Rent
- Contractor payments
- Salary
- TDS must be deposited with the government within the due dates.
- Quarterly TDS returns must be filed using forms like 24Q and 26Q.
- A TAN (Tax Dedication and Collection Account Number) must be obtained for TDS compliance.
- Delayed payments or returns attract interest, penalties, and disallowance of expenses.
Goods and Services Tax (GST)
- If the OPC’s aggregate turnover exceeds ₹20 lakh (₹10 lakh in special category states), GST registration is mandatory.
- Even below the threshold, registration is required for interstate supply or e-commerce operations.
- GST returns must be filed monthly or quarterly, depending on the scheme chosen.
- GST collected must be deposited and returns filed on time (e.g., GSTR-1, GSTR-3B).
- Input Tax Credit (ITC) can be claimed on eligible purchases used in business operations.
Other Statutory Tax Compliances
- OPCs may also need to comply with:
- Professional Tax (where applicable, based on state laws)
- Employees’ Provident Fund (EPF) and ESIC, if employing staff and exceeding thresholds
- Professional Tax (where applicable, based on state laws)
- Maintenance of proper tax records, challans, and reconciliations is mandatory.
- All tax filings and payments must be done through the Income Tax and GST portals.
- Books of accounts must be maintained by the Companies Act and Income Tax rules.
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