fb


Can AI Startups Get Benefits Under the Startup India Scheme?

Can AI Startups Get Benefits Under the Startup India Scheme?

Introduction

The healthcare, fintech, education, logistics, and governance sectors in India have begun to experience massive transformations thanks to artificial intelligence (AI) startup technology. Due to the emphasis placed on innovation-driven growth, the Startup India program was initiated by the Government of India to provide tax incentives, funding access and simplify the regulatory environment for new companies that utilise emerging technologies.

Many founders wonder if they may be able to obtain benefits through the Startup India programme when establishing an AI startup, and in fact, the answer is affirmative if the prospective founder meets the minimum qualifications outlined by the Indian Government. AI startups not only qualify, but they are also considered high-priority innovation-driven businesses, as stated in the Startup India guidance document.

Eligibility of AI Startups Under Startup India

According to the Startup India initiative, AI startups are treated similarly to other technology-based startups. There are no specific exclusions or limitations associated with AI-based businesses. For an AI startup to be recognised as such, it must meet the following requirements:

The company should have been established as a Private Limited Company, Limited Liability Partnership (LLP), or Partnership based in India.;

The company must have been established for less than 10 years since its registration date; and

The company must not exceed revenues of ?100 crore annually.

AI technology will provide innovation and improvement to existing products and/or services.

Recognition by DPIIT (Key Requirement)

The recognition from the Department for Promotion of Industry and Internal Trade (DPIIT) is necessary for an AI company to qualify for the benefits of Startup India. Once the company has been recognised, it will qualify for the following benefits:

-DPIIT tax exemptions

-Government solicitations that have lower requirements

-Expedited processing for patents and IP

-Financing and Incubator assistance.

DPIIT recognition is offered on an entirely online basis; therefore, companies do not need any revenue to receive this recognition.

Key Benefits Available to AI Startups

The Startup India Scheme offers numerous advantages for Artificial Intelligence startups.

A few of the main advantages offered by the Startup India Scheme to AI start-ups under the Startup India Scheme include:

  • Income Tax exemption for a total of three years during the first ten years (subject to approval).

  • Exemption from the Angel Tax under Section 56(2)(viib).

  • Fast-tracking for patent and trademark applications, with an 80% rebate on fees.

  • Self-certification regarding labour laws and environmental laws.

  • Opportunity for accessing grants and innovation challenge funding from the government.

These advantages greatly lessen the financial and compliance burdens faced by AI start-up companies during the early stages of their business.

Funding and Government Support for AI Startups

AI startups typically spend a considerable amount on R&D. Startup India offers a number of ways for Startups to access funding.

Support Options Include:

The initiative has various components, such as: 

  • Investment by SIDBI via FFS (Fund of Funds for Startups)

  • Assistance with Government-funded Incubators and Accelerators 

  • Participating in Innovation Missions and Hackathons focusing on AI. 

  • Partnering with Public Sector Undertakings (PSUs) and Ministries 

Even though "Startup India" does not invest directly into Startups, the initiative creates more access to view available institutional sources of funding for Startups. 

AI Startups benefit from Intellectual Property (IP).

AI Startups rely heavily on Innovation that requires Algorithms and Data-Driven Innovations. As a result, Startup India protects IP through strong support systems.

Recognised Startups receive:

  • Fast-track patent examinations

  • Reduced Government Fees related to IP filings

  • Assistance through empanelled facilitators

  • Support for International Patent Filings in certain situations

This type of support is particularly critical for AI Startups, as they aspire to have global scalability.

Compliance and Regulatory Ease

Due to the nature of their businesses, most AI Startups operate within Emerging Regulatory areas. Therefore, to promote growth, Startup India has created various ways that support Startups in complying with regulations by providing relaxed compliance.

Some of the benefits of Startup India include:

a) The ability to self-certify under some labour law;

b) Less frequent inspections during the initial years of operations;

c) A simplified approach to winding up if a Startup fails.

These points enable founders to concentrate on innovation instead of being hindered by regulatory compliance issues.

Limitations and Conditions

While there are many advantages of AI startups, they also have limitations. The following points should be noted: On the same level of priority, Tax Exemption must be approved by the Inter-Ministerial Board (IMB). Tax advantages do not occur simply by forming a company; all sector-specific regulations, including Cybersecurity and Data Protection, need to be adhered to. Tax exemption re-approval will be revoked due to benefit misuse. All companies, including innovation-based ones, must adhere to the rules and regulations set forth by the government and must continuously follow these to maintain compliance.

Conclusion

In summary, as long as AI start-ups qualify for the Startup India Program according to the eligibility criteria and receive DPIIT recognition, they are completely eligible to receive benefits through the Startup India Program as well. AI-based innovations are closely aligned with the Government’s vision of a Technology-Driven, Knowledge-Based Economy. Through taking advantage of the benefits offered by the Startup India program and starting an AI start-up, start-up founders will be able to save on costs, safeguard their intellectual property, and be able to obtain funding to grow at a faster pace. It is essential to ensure that start-up founders remain in compliance with all rules and regulations, even during the progress of their business, and that they create a structured legal and tax plan that will maximise the long-term benefits.

Author:

ANANYA AGGARWAL
Delhi, India
KCC Institute of legal and higher education, Guru Gobind Singh Indraprastha University


Leave a Comment



Previous Comments


Related Blogs