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According to the revised statement that turned into posted on twenty third May 2017, an organisation might be taken into consideration as a Startup: if it's miles included in India as a personal constrained company (as described withinside the Companies Act, 2013) or registered as a partnership corporation (registered below segment fifty nine of the Partnership Act, 1932) or a constrained legal responsibility partnership (below the Limited Liability Partnership Act, 2008); and for ten years from the date of its incorporation/ registration; in any case, as a consequence of Startups withinside the biotechnology division, the length might be so long as 10 years from the date of its incorporation/ registration; and if its annual turnover for any of the economic years considering incorporation/ registration has now no longer passed Rs. one hundred crores; and if that it's miles running withinside the path of innovation, improvement or development of gadgets or strategies or services, or if that it's miles a scalable commercial enterprise version with a excessive functionality of employment technology or wealth creation. An organisation created via way of means of splitting up or reconstruction of present trade will now no longer be taken into consideration a 'Startup'.
In 2016, the Indian government launched the Start-up India programme. the first goal of this programme is to encourage the creation of latest businesses in India. beneath this initiative, the govt. has taken variety of necessary efforts toward establishing a powerful start-up system and reworking India into a rustic of job creators instead of job seekers. The Startup India theme is managed by the Department of business Policy and Promotion (DPIIT). By establishing work prospects within the Indian economy, the startup India registration method has extended the scope of development.
A startup may be a fresh established business, sometimes small, that's launched by one person or atiny low cluster of individuals. What sets it aside from different new businesses is that it provides a singular product or service that won't accessible anyplace else. The motivations square measure for the advancement of innovation.
A startup could be a recently established business, sometimes little, that's launched by one person or atiny low cluster of individuals. What sets it excluding different new businesses is that it provides a singular product or service that won't obtainable anyplace else. The motivations area unit for the advancement of innovation. Any company that meets the subsequent criteria is classed as a startup and is eligible for DPIIT rewards.
The Company's Age:-
The date of incorporation of the company should not be older than ten years.
Type of Business:-
Either your organisation is a Private Limited Company as defined by the Companies Act of 2013, or it is a Partnership Firm as defined by the Indian Partnership Act of 1932, or a Limited Liability Partnership Firm as defined by the Limited Liability Partnership Act of 2008.
Limitation on Turnover:-
Since its establishment, the company's yearly turnover should not have exceeded Rs. 100 crores in any of the financial years.
A New Legal Entity:-
The company must be brand new; it cannot be the outcome of a merger or reorganisation of an existing company.
Friendly to Innovation:-
The startup should be focused on product or service innovation or development, or on improving an existing product or service. The business idea should have a lot of potential in order to generate income and jobs.
Certificate from the DIPP:-
The Inter-Ministerial Board, which is established up by the DIPP, is primarily required to obtain a certificate (Department of Industrial Policy and Promotion).
The next stage is to get recognition from the Department for Promotion of business and Internal Trade once making a profile on the Startup Republic of India web site (DPIIT). This recognition assists startups in getting advantages like access to high-quality property services and alternative resources, easy company polishing off, advantage of self-certification beneath environmental and labour laws, reduction publically acquisition norms, access to fund of funds, tax exemption for 3 years in an exceedingly row, and tax exemption on investment.
Companies that are DPIIT registered can take use of the following Startup India Registration Scheme benefits:
Handholding and Simplicity:-
Legal assistance has become more possible and easier as a result of considerably easier compliance and an exit mechanism for failed start-ups.
Incentives and funding:-
Income tax and capital gain tax exemptions are offered, and funds are generated to invest fresh money into the firm.
Partnership Between Incubation and Industry and Academia:-
The number of incubators and inventive labs, as well as events, competitions, and grants, is growing.
The following are some of the advantages of registering for Startup India: The Indian government provides many perks to start-ups operating under the Startup India programme. The following is a list of benefits granted under the Startup India Registration scheme:
Benefit from Taxes:-
Startups registered under the Start-up India scheme are eligible for a three-year tax exemption. Angel Tax relief is offered under section 80IAC and section 56 of the Internal Revenue Code.
Participation in Tenders:-
Startups are given special consideration by the government and public sector in numerous tenders. They are authorised to compete in tenders for governmental procurement jobs. Relaxation in past experience, EMD, or Turnover criteria are also advantages.
Government Funding Opportunity:-
The government has set aside Rs 10,000 crore in Alternate Investment Funds to invest in businesses. SIDBI is in charge of the fund's management. Under this quota, all startups are able to apply.
Participate in a variety of government programmes:-
The government issues several government programmes on a daily basis to encourage startups to participate. For example, raw material support, a sustainable finance programme, and bank credit facilitation, to name a few.
To Take Part in Start-Up Competitions:-
Reputable companies motivate and encourage beginning entrepreneurs to join in providing business solutions. This allows the start-up’s entrepreneurs to engage in the plan and gain additional funding. Recently, well-known firms like as Whatsapp, Mahindra, and others have partnered with start-up businesses to arrange financial aid schemes.
Simple Winding Up:-
The process of winding up a business becomes simple, and it only takes 90 days under the Insolvency and Bankruptcy Code of 2016.
Networks should be connected.:-
The benefit of a startup is that it aids businesses in forming networks and seeking larger connections. These startup companies look for and connect with several large companies in order to receive mentorship. The ability to interact with investors and sectors is extremely beneficial to new businesses.
Self-Certification:-
Startups can self-certify their compliance with nine distinct labour rules and nine different environmental laws.
Eligible for a Patent rebate:-
Startups registered under the Startup India scheme would receive an 80 percent discount on patent application fees.
Trademark Filling Rebate:-
The government promises to provide start-ups participating in this scheme a 50% discount on trademark filing fees.
Possibility for Business:-
Startup India is a platform that provides several possibilities, recognition, and assistance to all start-ups who are attempting to carve out a place for themselves.
A “startup” is a newly established business, generally started by an individual or a small group of individuals. The key mantra of startup is “Innovation”. The startup business should be a new idea or innovation or a new product or production of an existing product in a new & better manner.
Start-up India Scheme is a flagship initiative of the Government of India, intended to build a strong eco-system for nurturing innovation and Start-ups in the country that will drive sustainable economic growth and generate large scale employment opportunities. Start-up India Scheme is implemented through the Department of Industrial Policy & Promotions (DIPP), Government of India.
Under the Start-up India Scheme, a startup which meets eligibility criteria laid under the scheme, can apply online or portal set up by DIPP. Such start-up shall be eligible to get various benefits after being registered under the scheme.
Incorporation certificate of Company/LLP or Registration Certificate of Partnership firm
PAN
MSME Certificate
Letter of Recommendation or support by Incubator
Description of business and details as to innovative nature of business
Following documents are to be submitted with online application which should be in PDF format as below:-
To get recognized as a Start-up under the Startup India Scheme, a business entity must fulfill the following conditions:
Yes, an existing entity that meets the criteria as indicated in definition of startup can register itself on startup india portal
Yes, Partnership firm is eligible for all the benefits except tax exemptions available to startups recognized by DIPP.
DIPP recognition for startups is different from registration on Startup India website. To avail the benefits of Startup India Scheme, the entity must be registered under Startup India Scheme provided by DIPP. Only creating the account on Startup India website does not amount to recognition by DIPP.
Yes
Income tax Exemption
After obtaining the recognition as a “Startup” from DIPP, a business entity (Pvt. Ltd. Co./LLP) incorporated on or after 1-4-2016 but before 1-04-2021 can apply for tax exemptions u/s 80IAC of Income Tax Act. After review of application and documents, if deem fit, the department will issue a Tax Exemption Certificate to the Start-up which will allow tax exemption for 3 consecutive financial years out of first 10 years from the date of incorporation.
Angel Tax Exemption
The startup (Pvt. Ltd. Co.) recognized by DIPP shall be eligible to avail angel tax benefits (tax on share premium) from the funds received as angel investment u/s 56(2)(viib) of Income Tax Act. However, such exemption shall be allowed for investment made by angel investors up to an aggregate investment of Rs. 25 Crores.
Self Certification
Startups (Pvt. Ltd. Co./LLP/Partnership) recognized by DIPP will be permitted to self-certify compliance with 6 Labour Laws and 3 Environmental Laws for 5 years from the date of incorporation. In case of Labour Laws, no inspection shall be conducted for a period of such 5 years.
Rebates in patent filing fees
Startups recognized by DIPP shall enjoy a rebate of 80% on patent applications filed by them. Further, patents filed by such startups shall be examined on a fast track basis. The Government shall bear the entire fees of Facilitators for any number of Patents, Trademarks or Designs filed by start-up. Hence Startups will have to bear the cost of Statutory Fees only.
Easy Winding Up
Startup entities registered with MCA i.e. Pvt. Ltd. Co./ LLP shall be wound up on a fast track basis within 90 days of filing an application for insolvency.
Easy access to Government Tenders
Requirements of Government tenders related to minimum experience/ turnover shall not apply to a recognized startup. Further, they shall be exempted from submitting Earnest Money Deposit (EMD) while filing government tenders.
Fund of Funds for startups
DIPP has proposed to provide Rs. 10,000 crore for startups through fund of funds initiative. SIDBI shall provide funds to startups approved by Implementing Agencies.
Opportunity to list product on Government e-marketplace
Startups recognized under DIPP can register on Government e-Marketplace as a seller and sell their products and services directly to Government Entities.
STEP BY STEP PROCEDURE OF START UP REGISTRATION
Step-I :
Incorporate the business entity as a Private Limited Company/ LLP/ Partnership Firm following the prescribed procedures in respective laws.
Step-II:
Obtain PAN and MSME Registration for the business;
Step-III:
Login to website at www.startupindia.gov.in and file application with supporting documents. (Refer FAQs for supporting documents)
Step-IV:
Answer whether you would like to avail tax benefits
Startups are exempted from Income tax for 3 years but to avail the benefits, they must be certified by Inter Ministerial Board (IMB). However, Startups recognized by DIPP can now directly avail IPR related benefits without additional certification from IMB.
Step-V:
Self certification for the following conditions:
Step-VI:
Immediately get recognition number
On applying you will immediately get a recognition number for your startup. The certificate of recognition will be issued after the examination of all your documents.
However, in case the required document uploaded/wrong document uploaded or a forged document has been uploaded then you shall be liable to a fine of 50% of your paid-up capital of the startup with a minimum fine of Rs. 25,000.
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