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Sole proprietorship or company in India: tax comparison

Taxes and contributions for a sole proprietor under each available system and for your own company, for a resident of the chosen country with the same profit.

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Form

Sole proprietor, regular

Sole proprietorSole proprietorship — default tax regime (Income-tax Act, 2025, section 202)

Profit (receipts minus expenses) is the owner's income, taxed at the section 202 slab rates of 0–30% plus 4% cess. Income up to INR 12 lakh is tax-free thanks to the section 156 rebate.

Conditions

Income-tax Act, 2025, s. 202 (rates), s. 156 (rebate) · Finance Act, 2026, s. 3(4) Table Sl. No. 10, s. 3(5), s. 3(15) (surcharge, marginal relief, cess)

Sole proprietor, presumptive

Sole proprietorSole proprietorship — presumptive taxation of professions (Income-tax Act, 2025, section 58(2), Table Sl. No. 3; former section 44ADA)

Income is deemed to be 50% of gross receipts whatever the actual expenses (a higher amount may be declared voluntarily); detailed expense records are not needed. The section 202 slab rates and 4% cess then apply.

Conditions

Income-tax Act, 2025, s. 58(2) Table Sl. No. 3, s. 58(11)(b) · Income-tax Act, 2025, s. 62(4) (specified professions) · Income-tax Act, 2025, s. 202, s. 156

Private limited company / OPC

CompanyPrivate limited company / One Person Company (Companies Act, 2013) — tax under section 200 of the Income-tax Act, 2025

The company pays 22% tax + 10% surcharge + 4% cess (25.168% of profit in total). Dividends are added to the owner's income and taxed at the section 202 slab rates.

Conditions

Income-tax Act, 2025, s. 200 (tax on income of certain domestic companies) · Finance Act, 2026, s. 3(4) Table Sl. No. 9 (surcharge 10%) and Sl. No. 10(v) (15% cap on dividends), s. 3(15) (cess) · Income-tax Act, 2025, s. 202, s. 156

LLP

CompanyLimited liability partnership (Limited Liability Partnership Act, 2008)

The LLP pays 30% of profit (+12% surcharge if profit exceeds INR 1 crore) and 4% cess. The partner's share of LLP profit is exempt.

Conditions

Finance Act, 2026, First Schedule, Part I-B, Paragraph C (firm 30%) and Paragraph F, Table 1 Sl. No. 4, Table 2 Sl. No. 4 (surcharge 12%, marginal relief) · Income-tax Act, 2025, s. 58(11)(b) (LLP excluded from presumptive taxation)

Assumptions

Business activity: IT and consulting services for business clients

Sources: Income-tax Act, 2025, s. 202 (Indian Kanoon text) · Income-tax Act, 2025, s. 156 (rebate) · Income-tax Act, 2025, s. 58 (presumptive taxation) · Income-tax Act, 2025, s. 62(4) (specified professions incl. information technology) · Income-tax Act, 2025, s. 200 (domestic company 22%) · Finance Act, 2026 (No. 4 of 2026), s. 3; First Schedule, Part I-B, Paragraphs C, E, F · Budget Speech 2025-26 — new-regime worked examples (same slabs for 2026-27)

Checked: 4 November 2026

An estimate for a typical case: VAT, start-up reliefs, other income and family reliefs are not included. Not tax advice.