Partnership Firm
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Overview
A Partnership Firm is a popular business structure in India where two or more individuals agree to share the profits and liabilities of a business in a predetermined ratio. It is governed by the Indian Partnership Act, 1932, and is ideal for businesses where shared Ownership, Responsibilities, and Skills are essential. Each Partner contributes Capital, kills, or labor and is actively involved in the management of the business. Unlike a company, a Partnership is not a separate legal entity; the partners are personally liable for the debts of the business.
Key Features
Single Ownership
The business is owned and managed by two or more partners who share profits and losses.
Joint Decision-Making
All Partners have the right to participate in Decision-Making and Management unless otherwise specified in the Partnership Agreement.
Unlimited Liability
Partners have unlimited liability, meaning their personal assets can be used to settle business debts.
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Joint Decision-Making
All Partners have the right to participate in Decision-Making and Management unless otherwise specified in the Partnership Agreement.
Ease of Formation
Establishing a Partnership is relatively Simple and Cost-Effective, requiring Minimal Legal Formalities.
Taxation
The Firm’s Income is taxed at the Partnership Level, but Partners are also taxed individually on their share of profits.
Why Choose a Partnership Firm?
Shared Responsibility
Partners can pool their resources, expertise, and skills, sharing responsibilities and decision-making, which reduces the individual burden.
Ease of Formation
Forming a Partnership firm is straightforward, with minimal registration requirements and fewer formalities than Companies.
Flexibility in Management
Partners have the flexibility to determine the terms of Operation, Profit Sharing, and Management through a partnership agreement.
Combined Capital
Partners can combine their capital to invest in the Business, Leading to greater financial strength and resources.
Mutual Trust and Support
Partnerships foster mutual trust and cooperation, as partners work together toward a common business goal.
Simplified Legal Compliance
A Partnership firm has fewer compliance requirements compared to other business entities, making it easier to manage.
Basic Need
Choose a Partnership Name
Select a Unique name for your Partnership that reflects the Business and isn’t already registered.
Draft a Partnership Deed
A Partnership deed is a written agreement between partners that outlines the terms of the partnership, including profit-sharing, management, roles, and responsibilities.
This deed should include :
Name and address of the firm and partners.
Nature of the business.
Profit-sharing ratio among partners.
Duties and responsibilities of each partner.
Duration of the partnership (if applicable).
Register the Partnership
Partnership Registration is optional but recommended for legal protection.
To register, submit the partnership deed along with an application form to the Registrar of Firms in your state.
Once registered, you will receive a certificate of registration.
Obtain a PAN Card
A PAN card in the name of the partnership firm is required for tax purposes.
Open a Current Bank Account
Open a bank account in the name of the partnership firm.
Provide the partnership deed, PAN card, and proof of business address to the bank.
GST Registration
Register for GST if your annual turnover exceeds ₹20 lakhs (₹10 lakhs for special category states) or if you engage in inter-state trade.
Other Business Registrations (as required)
MSME (Udyam) Registration – If the firm is classified as a small or medium enterprise, registering under Udyam can offer benefits such as government subsidies and incentives.
Trade License – Required for specific businesses and issued by the local municipality.
Shop and Establishment Act License – Mandatory for shops, commercial establishments, and offices.
Professional Tax Registration
Some states require the registration of Professional Tax for the partners and employees, based on their earnings.
TAN Registration (if applicable)
If the firm is liable to deduct tax at source (TDS) while making payments, apply for a TAN (Tax Deduction and Collection Account Number).
Employee Registrations (if applicable)
If the firm employs staff, ensure compliance with Provident Fund (PF) and Employee State Insurance (ESI) once employee thresholds are crossed.
File Income Tax Returns
The Partnership Firm must file its income tax returns annually. Each partner must also file individual tax returns, including their share of the firm’s income.
Optional Steps
Trademark Registration
To protect your brand name or logo, consider registering a trademark.
Import-Export Code (IEC)
If your firm is engaged in import-export activities, apply for an Import-Export Code (IEC).