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Start – Up India Recognition

Start – Up India Recognition

Startups are booming in India. The government is also supporting young entrepreneurs to establish startups. Startups help to boost the country's economy. A startup is a business that offers innovative products or services that provide solutions to a problem existing in society. A startup may also redevelop a current product or service into something better.

Startup India

The Government of India, under the leadership of PM Narendra Modi, has started and promoted the Startup India initiative to develop the Indian economy, recognise and promote startups and attract talented entrepreneurs.

What is the Startup India Certificate of Recognition?

With a view to boost the Indian economy and encourage entrepreneurship, the Government of India, under the administration of the Ministry of Commerce & Industry, had begun the Start-up India Stand-up India initiative in 2015 to uplift and grow the Indian start-ups.

Who is not eligible for Startup India Recognition?
  • Sole Proprietorship
  • Firm constitute by the notary partnership deed
  • Once annual turnover exceeds INR 100 crores
  • Company is older than 10 years.
Eligibility criteria for Startup India Certificate

The Startup should be a

  • Private limited company or
  • Registered Partnership firm or
  • Limited liability partnership

The company should be newly incorporated and should not be formed by splitting up or reconstruction of an existing business.

Turnover should be less than INR 100 Crores in any of the previous financial years.

An entity shall be considered as a startup up to 10 years from the date of its incorporation

The business concept should be unique driving towards innovation or bringing improvement of existing products, services and processes and

A startup should have the potential to generate employment/ create wealth.

3 layers of Startup India Certificate Recognition
Issuance of Startup India Certificate

On receipt of an application, DPIIT issues a Startup India certificate to the newly incorporated company after validating the unique business process and other eligibility criteria.

Angel Tax Exemption on Equity Investment

An investment made on startup by investors on the premium is exempt from tax u/s 56(2)(viib) of the Income Tax Act if a startup is further approved by the Inter-Ministerial Board.

This exemption is valid till startup paid-up share capital + share premium does not exceed INR 25 crore.

For availing angel tax exemption, a startup needs to file a declaration under Form-2 to DIPP.

Income Tax Exemption

The startup will get any 3 consecutive years tax holiday out of ten years tenure. For income tax exemption u/s 80-IAC, Startup needs to file a separate application under Form-1 and the Income Tax authority shall grant the certificate or reject the application. This application can be filed only after the issuance of a Startup India Certificate.

The validity of Startup India Certificate

An entity shall cease to be a Startup on completion of ten [10] years from the date of its incorporation/ registration.

OR

If its turnover for any previous year exceeds one hundred [100] crore rupees. Whichever is earlier.

Startup India Certificate Verification

Once applied for the startup india registration, you will receive an acknowledgment receipt number (ARN) for tracking your certificate status.

Once your Startup India application is successfully processed, you can easily download your Start-up India certificate.

Startup India Certificate Benefits
Tax exemption u/s 80 IAC

Post getting recognition under startup India scheme, you may apply for Tax exemption u/s 80 IAC of the Income Tax Act.

A Startup can avail tax holiday for 3 successive financial years during its first 10 years of startup eligibility.

Criteria for applying to 80IAC Tax exemption:

  • Must be a recognized Startup
  • Only Private limited or LLP is eligible
  • Must be incorporated on or after 1st April, 2016
Angel Tax Exemption u/s 56

After startup india registration, you may apply for Angel Tax Exemption.

Criteria for Angel Tax Exemption u/s 56 of the Income Tax Act 1961:

  • The entity must be a DPIIT recognized Startup
  • Aggregate amount of paid up share capital & share premium after the proposed issue of shares, must not exceed INR 25 Crore.
Self-Compliance for Labour Laws

Startups can do self assessment for labour law compliances and there will be no inspection or physical visit by public officers during the first 3 years. Startups can self-certify through startup india portal with given below 6 labour laws.

  • Inter-State Migrant Workmen laws
  • Gratuity Laws
  • Provident Fund Laws
  • Employee State Insurance laws
  • Other Constructions Worker laws
  • Contract Labour laws
Trademark, Patent, IPR related exemption

On obtaining startup India certificate, the startups can avail various assistance in applying for intellectual property rights e.g. Trademark registration, patent and copyright registration.

Recognised startups can avail following reliefs in IPR:
  • Fast-track startup patent applications with 80% government fees rebate.
  • Panel of facilitators to assist in IP applications
  • Rebate on FiIling of Trademark application
Funding Opportunities & Other Government Schemes

Startups registered under Startup India scheme can avail funding under various government or semi government aided schemes such as.

Venture Capital Assistance Scheme

Under this scheme, interest free loan is provided by Small Farmers’ Agribusiness Consortium (SFAC) to projects falling short of capital requirement for project completion.

Support to MSMEs for International Patent Protection in Electronics and IT

Stand Up India Scheme bank loan from 10 lakh-1 crore to at least 1 SC/ST borrower and at least one women enterprise per bank branch.

Single Point Registration Scheme (SPRS)

NSIC registers MSEs under SPRS scheme for participation in Government Purchases.

Document Required for Startup India certificate
  • Proof of Business Registration Certificate of Incorporation of the company or registered partnership deed.
  • Brief on Business Idea required a short depiction of the innovative idea of your business operation.
  • Core Team details of director required including their qualifications, role in company, etc
  • Other relevant information regarding any funding received, Any IPR applied, if any, and number of employees including founders and their roles.
Proprietorship vs Limited Liability Partnership (LLP) vs Company
Features Proprietorship Partnership LLP Company
Definition Unregistered type of business entity managed by one single person A formal agreement between two or more parties to manage and operate a business A Limited Liability Partnership is a hybrid pisah combination having features similar to a partnership firm and habilites similar to a company Registered type of entity with limited lability to the owners and shareholders
Ownership Sole Ownership
  • Min 2 Partners
  • Max 50 Partners
Designated Partners
  • Min 2 Directors
  • Min 2 Shareholders
  • Max 15 Directors
  • Max 200 Shareholders For One Person Company
  • 1 Director
  • 1 Nominee Director
Registration Time 7-9 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • MSME
  • GST Registration
  • Partnership Deed
  • LLP Deed
  • Incorporation Certificate
  • MOA
  • AOA
  • Incorporation Certificate
Governance - Under Partnership Act LLP Act, 2008 Under Companies Act,2013
Transferability Non Transferable Transferable if registered under ROF Transferable
Compliance Requirements
  • Income tax filing if turnover is more than Rs.2.5 lakhs
ITR5
  • Form 11
  • Form B
  • ITR 5
  • ITR 6
  • MCA filing
  • Auditor'sappointment