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Annual Compliance Of One Person Company


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Annual Compliance Of One Person Company

One Person Company (OPC) is compulsorily required to keep up compliance according to the Income Tax Act and Companies Act. Subsequently, keeping up compliance for a One Person Company mainly incorporates filing of income tax return with the Income Tax Department as well as annual return with the Ministry of Corporate Affairs. Other Compliances includes compliance with TDS regulations, GST regulations, ESI regulations, and others. The compliance prerequisite for a One Person Company will vary based on the business, state of incorporation, number of staffs and sales turnover.

The Annual Compliances of One Person Company in India have covered the following compliances:

  •  Annual Return in Form MGT 7.

  •  Financial Statements in Form AOC-4.

  •  Income Tax Returns in Form ITR-6.

  • MBP-1 for Disclosure of Interest by Directors.

  • Annual General Meeting (AGM).

  • At least 2 Board meeting( 6 monthly each).

  • ADT-1 for an appointment for Auditor.

  • Event-based Annual Compliances.

  • Annual Compliances under diverse Legal Authorities.

The Reasons For Annual Compliance of One Person Company

Income tax and Annual returns

Income tax filing an annual return filing should be completed by every One Person Company before 30th September of each financial year.

GST Filing

Under the GST regime proposed towards being incorporated in 2017, one person companies having GST registration will be required towards filing monthly, quarterly and annual GST returns.

ESI Return

ESI return should be filed through every one person companies having ESI registration. ESI registration is necessary once the one person company employs over 10 staffs.

TDS Filing

Quarterly TDS returns should be filed by one person companies that have TAN and are necessary to deduct tax at source as per TDS rules.

Related section with the latest amendment

Compliance with Companies Act 2013

Section 173(5) requires at least one board meeting in each half of the calendar year. The gap two meetings must not be less than 90 days. However, if the corporation has only one director then such meeting prerequisite does not emerge. OPC is required to hold its annual general meeting as required under section 139 (1) towards appointing Statutory Auditor. Such auditor must hold office from the conclusion of first AGM to the conclusion of 6th AGM.

Financial Statements of One Person Company under Companies Act 2013

Section 137(1) of Companies Act 2013 needs the corporation towards adopting its financial statements in a board meeting and filed within 180 days from 31st March of every year with the register of corporations.

Cash flow statement is not a compulsory part of financial statements for a one-person company.

The annual return of a one-person company should be signed by the company secretary, or where there is no corporation by the director of the company according to section 92 of Companies Act 2013.

Compliance under Income Tax Act 1961

One person company is necessary to file their income tax return in Form ITR 6 for the financial year on or before 30th September of the following financial year with the tax department. In case of any extension of the time limit, it is to be filed within that time limit.

Also to the annual tax return filing, every OPC is requisite to get their accounts audited under income tax act 1961 if turnover surpasses the limit as specified in section 44AB.

A one-person company might also need complying with TDS regulations, GST regulations, PF and ESI regulations and others based on the requirements.

Document Required for Registration of Annual Compliance of One Person Company

MGT 7 Filing:

  • CIN/PAN.

  • List of main business activities.

  • Details of shares and shareholding.

  • List of debentures and loans.

  • Details of other securities held by the company.

AOC 4 Filing:

  • Balance Sheet.

  • Profit and Loss Account.

  • Director’s Report.

  • Auditor’s Report.

  • Notice of Annual General Meeting.

ITR 6 Filing:

  • Purchase and Sale invoice.

  • Expense invoice.

  • PAN of the company.

  • Copy of TDS Challans/deposits.

  • Copy of VAT/Service Tax Returns.

  • Bank Statement for the year.

  • Credit Card Statement.

Registration Process

A procedure for online application online filing for AOC4 and MGT7 are

  • The first step is to visit the MCA website.

  •  Download the E form (above-mentioned form no).

  •  Then you have to fill out the form.

  •  Then you have to click on the upload E form button.

  •  Then you have to upload your E form.

  •  After uploading of E form, the system will show you a fee to be paid.

  •  You can pay your fee online.

Click here to read more about "Annual Compliance For Foreign Subsidiary"

The financial statement of OPC is to be filed within 180 days from 31st March of the financial year as well as an annual return within 60 days from the completion of AGM.

We at eStartIndia provide meticulous assistance to the clients incorrectly filing the Annual compliance of One Person Company as per the rules.

eStartIndia is the professional tech-based online and legal services which help the clients to simplify the procedures of Annual compliance of One Person Company, implementation, tax concerns and any additional legal compliances and services related to the business in India.

Package

Basic

14999 /-

    Package Includes:

    • Income Tax Return Filing with Compliance Management for a One Person Company with a turnover less than Rs. 10 lakh per anum
    • Annual Return Filing
    • Continuous Experts Support

(Professional Fees)

Standard

19999 /-

    Package Includes:

    • Income Tax Return Filing with Compliance Management for One Person Company with a turnover of less than Rs. 40 lakh per anum
    • Annual Return Filing
    • Continuous Experts Support

(Professional Fees)

Premium

29999 /-

    Package  Includes:

    • Income Tax Return Filing with Compliance Management for One Person Company with a turnover of less than Rs. 1 crore per anum
    • Annual Return Filing
    • Continuous Experts Support

(Professional Fees)



FAQs

Who is eligible to act as a member of an OPC?

Only a natural person who is an Indian citizen and resident in India would be eligible to act as a member and nominee of an OPC.

Who cannot form a One Person Company?
  • A minor shall not eligible becoming a member.
  • Foreign citizen.
  • Non-Resident.
  • Any person incapacitated by contract.
A person can be member in how many OPCs?

A person could be a member of only one OPC.

Can I start more than one OPC at a time?

No, an individual can form only one OPC at a time. This rule applies to the nominee in an OPC, too.

Is there any format for the name of One Person Company?

A One Person Company (OPC) always ends with the word OPC and it is mandatory by law.  The new company name must not match the existing corporation or any existing trademark in India.



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