Taxmann's Taxation of Start-ups

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ENTITIES FORMED AS A RESULT OF COMPROMISE/ ARRANGEMENT - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

ENTITIES FORMED BY SPLITTING-UP/RECONSTRUCTION OF EXISTING BUSINESS - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

16

ENTITIES INCORPORATED WITH COMMON DIRECTOR/DP/PARTNER - WHETHER ELIGIBLE FOR DPIIT RECOGNITION

18

NAME CHANGE BY DPIIT - RECOGNISED STARTUP ENTITY - WHETHER PERMITTED

19

CIN/LLPIN CHANGE BY DPIIT - RECOGNISED START-UP ENTITY - WHETHER PERMITTED

20

CONVERSION BY A DPIIT - RECOGNISED ENTITY FROM ONE FORM TO ANOTHERWHETHER PERMISSIBLE

2.1 WHETHER START-UPS CAN REGISTER AS MSMEs TO AVAIL BENEFITS UNDER THE MSMED ACT, 2006?

i a micro enterprise

ii a small enterprise

iii a medium enterprise

Net investment in plant and machinery or equipment does not exceed Rs. 1 cr

Net investment in plant and machinery or equipment exceeds Rs. 1 cr but not Rs. 10 cr

Net investment in plant and machinery or equipment exceeds Rs. 10 cr but not Rs. 50 cr

Net turnover does not exceed Rs. 5 cr

Net turnover exceeds Rs. 5 cr but not Rs. 50 cr

Net turnover exceeds Rs. 50 cr but not Rs. 250 cr

Net turnover exceeds Rs. 250 cr

Net investment in plant and machinery or equipment exceeds Rs. 50 cr

Notes:

Net turnover does not exceed Rs. 5 cr

Net turnover exceeds Rs. 5 cr but not Rs. 50 cr

Net turnover exceeds Rs. 50 cr but not Rs. 250 cr

Net turnover exceeds Rs. 250 cr

2.1-1 Revised Classification of MSMEs applicable with effect from 01.04.2025

Rs. in CroreInvestment LimitsTurnover Limits

CurrentRevised (applicable from 01.04.2025)

CurrentRevised (applicable from 01.04.2025)

2.1-2 Whether start-ups will be regarded as MSMEs as per the revised definition in NMN?

2.2 WHAT IS THE LEGAL DIFFERENCE BETWEEN AN MSME AND A START-UP?

2.3 CAN AN ENTERPRISE SATISFY THE DEFINITION OF MSME AND START-UP AND GET THE BEST OF BOTH THE WORLDS I.E. BENEFITS UNDER MSMED ACT AS WELL AS LSN?

2.4 WHAT BENEFITS ARE AVAILABLE UNDER THE MSMED ACT TO A MICRO ENTERPRISE START-UP FILING UDYAM REGISTRATION?

2.5 WHAT BENEFITS ARE AVAILABLE UNDER THE MSME ACT TO A SMALL ENTERPRISE START-UP FILING UDYAM REGISTRATION?

2.6 WHAT BENEFITS ARE AVAILABLE UNDER THE MSME ACT TO A MEDIUM ENTERPRISE START-UP FILING UDYAM REGISTRATION?

2.7 FOR AVAILING TAX HOLIDAY UNDER SECTION 80-IAC OF THE INCOME-TAX ACT, WILL IT BE NECESSARY FOR START-UP TO FILE UDYAM REGISTRATION?

2.8 WHAT INCOME-TAX BENEFITS ARE APPLICABLE TO START-UPS REGARDLESS OF WHETHER THEY SATISFY THE MSME DEFINITION OR NOT?

See Para 23.3(vi)

Rs. 1595/-

TAXATION OF START-UPS

AUTHOR : TAXMANN’S EDITORIAL BOARD

PUBLISHER : TAXMANN

DATE OF PUBLICATION : MARCH 2025

EDITION : 8TH EDITION

ISBN NO : 9789364550864

NO. OF PAGES : 512

BINDING TYPE : PAPERBACK

DESCRIPTION

This book is a concise yet comprehensive handbook covering India’s start-up ecosystem and its tax implications. Amended by the Finance Act 2025, it clarifies eligibility criteria, legal structures, and tax benefits tailored for start-ups. With foundational explanations, practical IMB (Inter-Ministerial Board) approvals/rejections, and best-practice examples, this guide offers an all-round view on setting up, funding, and running start-ups in India. This book is intended for the following audience:

• Tax & Legal Professionals

• Entrepreneurs & Founders

• Investors & Incubators

• Policy Enthusiasts & Academics

The Present Publication is the 8th Edition | 2025, amended by the Finance Act 2025. This book is authored by Taxmann’s Editorial Board with the following noteworthy features:

• [Revised MSME Criteria] Covers updated investment and turnover limits from April 1, 2025, explaining their impact on start-ups

• [Case Studies] Practical IMB decisions that reveal the dos and don’ts for securing Section 80-IAC tax holidays

• [IMB Guidelines & Best Practices] Instructions on preparing compliant pitch decks and video presentations

• [Comprehensive Legal Analysis] Detailed examination of various entity structures— Proprietorship, Partnership, LLP, Private Limited, and OPC

• [Exhaustive Coverage of Section 80-IAC] Eligibility, procedures, common pitfalls, and interactions with MAT/AMT

• [Angel Tax and Section 68] Insights into share premium taxation, “source of the source,” and compliance with sections 56(2)(viib) & 68

• [Carry Forward & Set-Off of Losses] Provisions under Section 79 for start-ups focusing on how turnover thresholds affect relief

• [Practical Tools & Appendices] Statutory references, sample forms, DPIIT/MSME guidelines, and official notifications

• [Illustrative Examples] Includes accepted/rejected cases by IMB, plus transformations from sole proprietorship to LLP/Pvt. Ltd

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