One Person Company (OPC) has gained remarkable popularity among solo entrepreneurs in India. It offers the benefits of limited liability while allowing complete control of the business. As OPCs grow and transact commercially, taxation compliance becomes a key concern, especially regarding the Goods and Services Tax (GST). A common question many new OPC owners have is: Is GST registration mandatory for OPC? Let’s jump into the meaning, eligibility, applicability, registration process, benefits, required documents, and finer details of GST registration for One Person Companies.
What is a One Person Company (OPC)?
A One Person Company (OPC) is a distinct legal entity formed under the Companies Act, 2013, allowing a single individual to operate a company with corporate status. It combines the simplicity of sole proprietorships with the benefits of a private limited company, particularly limited liability protection and perpetual succession. An OPC can enter contracts, acquire assets, and sue or be sued in its own name.
The owner, known as the sole member, appoints a nominee while incorporating the company. In the event of the owner's death or incapacity, the nominee takes over the company, ensuring business continuity.
What is GST Registration?
The Goods and Services Tax (GST) is a complete, multi-stage, destination-based tax imposed on every value addition in the supply chain of goods and services. Introduced in India from 1st July 2017, GST replaced multiple indirect taxes such as VAT, service tax, and excise duty. Every business involved in taxable supply exceeding a certain turnover limit or engaged in specific types of supply must obtain GST registration. GST registration allows the business to collect taxes legally from customers and pass on the tax credit to purchasers or recipients.
Is GST Registration Mandatory for OPC?
GST registration becomes mandatory for an OPC under specific conditions defined by GST law. It is compulsory when the aggregate turnover exceeds the threshold limit, inter-state supply is made, goods or services are sold through e-commerce platforms, tax is payable under the reverse charge mechanism, or the company engages in import or export activities. These scenarios require timely registration to ensure compliance with GST regulations.
1. Turnover Exceeds Threshold Limit:
(a) If the aggregate turnover exceeds Rs.40 lakh for supply of goods in most states.
(b) If the aggregate turnover exceeds Rs.20 lakh for supply of services in most states.
(c) In special category states (e.g., Mizoram, Manipur, Tripura, Nagaland), the limit is Rs.20 lakh for goods and Rs.10 lakh for services.
2. Inter-State Supply: If an OPC supplies goods or services from one state to another, GST registration becomes mandatory from the very first transaction, even if the turnover does not exceed the prescribed threshold limit.
3. Selling through E-commerce Portals: OPCs selling goods or services through e-commerce platforms like Amazon, Flipkart, or their own websites must obtain GST registration, irrespective of their turnover, as mandated under GST laws for online sellers.
4. Export or Import of Goods/Services: If an OPC is involved in the import-export of goods or services, it must obtain GST registration, even if its turnover is zero, to avail ourselves of benefits like zero-rated supplies and comply with GST regulations.
5. Liable under Reverse Charge Mechanism (RCM): If an OPC is liable to pay tax under the reverse charge mechanism (RCM), it must obtain GST registration, regardless of its turnover, to comply with GST laws and discharge its tax liability properly.
6. Casual Taxable Person: If an OPC operates as a casual taxable person, meaning it sets up a temporary business in another state without a fixed place of business, it must mandatorily obtain GST registration before starting its operations.
Thus, the general rule is simple: If an OPC meets any of the above conditions, GST registration is compulsory. If not, the OPC can voluntarily opt for registration for additional benefits such as availing Input Tax Credit (ITC).
GST Registration Process for One-Person Company
The GST registration process for OPCs is completely online. The steps involved are:
Step 1: Visit the GST Portal
The first step in the GST registration process for an OPC is visiting the official Goods and Services Tax portal at www.gst.gov.in. The portal is the only government-recognized platform for GST-related registrations and filings. It provides a dedicated section for new taxpayer registrations where the OPC can initiate the process.
Step 2: New Registration
Once on the portal, the OPC must click on the 'Register Now' option under the 'Taxpayers' tab and select 'New Registration.' This step opens the basic registration form where preliminary details about the company need to be filled. These include the type of taxpayer, the name of the company (as per PAN records), the PAN number, and contact information such as mobile number and email address.
Step 3: Enter Basic Information
Provide the following details:
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Type of taxpayer (Taxpayer)
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State and district
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Legal name of the company (as per PAN)
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PAN of the company
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Email address and mobile number
Step 4: OTP Verification
After submitting the basic details, an OTP is sent simultaneously to the provided mobile number and email address. Successful entry of these OTPs verifies the authenticity of the applicant. Once verified, the portal generates a Temporary Reference Number (TRN), which acts as a login credential for continuing the registration process.
Step 5: Login Using TRN and Fill Part-B of the Application
Using TRN, the OPC must log back into the portal and access the detailed GST application form (Part-B). Here, the company must provide complete business information such as the principal place of business, nature of business activities (whether goods or services or both), bank account details, authorized signatory details, and additional places of business if applicable.
Step 6: Fill Application Form (Part-B)
Complete the Part-B form using the TRN, entering additional business details, principal place of business, authorized signatory, bank account details, and uploading required documents.
Step 7: Upload Documents
As part of completing Part-B, the OPC must upload scanned copies of all required documents. These include the PAN card of the company, the Certificate of Incorporation, address proof of the principal business location, a canceled cheque or bank statement for verifying bank details, the PAN and Aadhaar card of the Director, and the photograph of the authorized signatory. If the application is being filed through a Digital Signature Certificate (DSC), it must be uploaded during this step.
Step 8: Application Verification and Submission
After carefully entering all details and uploading the required documents, the application must be submitted. Depending on the turnover and requirement, the submission is done either through an Electronic Verification Code (EVC) or a Digital Signature Certificate (DSC). In the case of OPCs, a DSC is generally mandatory because companies must authenticate documents using digital signatures.
Step 9: GSTIN Issuance
Once the GST registration application is approved, the OPC is issued a unique 15-digit GSTIN (Goods and Services Taxpayer Identification Number). This GSTIN serves as the company's official tax identity for GST purposes. After receiving the GSTIN, the OPC can legally commence issuing tax invoices, collect GST from customers, claim input tax credits on purchases, and comply with all GST-related filings and regulations as prescribed under the law.
Documents Required for GST Registration of OPC
GST registration for a One Person Company (OPC) is mandatory if annual turnover exceeds Rs.40 lakh (Rs.20 lakh for special category states) or for inter-state sales. It enables legal tax compliance, input tax credit claims, and business growth. The following documents must be ready:
1. PAN Card of the One Person Company: The PAN card of the OPC is the most essential document, as GST registration is entirely PAN-based. The legal name and PAN entered in the GST application must exactly match the details in the Income Tax database to avoid errors or rejection.
2. Certificate of Incorporation (COI): The Certificate of Incorporation issued by the Ministry of Corporate Affairs (MCA) serves as proof that the company is legally registered under the Companies Act, 2013. This document verifies the existence of the OPC as a corporate entity eligible to apply for GST.
3. PAN Card and Aadhaar Card of the Director: Since the OPC is managed by a single Director, their PAN card and Aadhaar card are required to authenticate their identity. These documents are used to verify the individual authorized to act on behalf of the company for GST compliance purposes.
4. Proof of Principal Place of Business: The OPC must provide address proof for the principal place of business. If the premises are owned, documents like an electricity bill, property tax receipt, or municipal record will suffice. If rented, a rent agreement along with a No Objection Certificate (NOC) from the landlord must be submitted.
5. Bank Account Proof: A bank account in the name of the OPC must be verified by submitting a copy of the first page of the bank passbook, a recent bank statement, or a canceled cheque. The account must be in the company's name to link GST refunds and payment collections accurately.
6. Photograph of the Authorized Signatory: A recent passport-sized photograph of the authorized signatory, usually the Director of the OPC, is mandatory. This photograph must be uploaded in the prescribed format (usually JPEG) as part of the online GST registration form.
7. Digital Signature Certificate (DSC): For a One Person Company, the GST application must be verified and signed digitally using Class 2 or Class 3 Digital Signature Certificate (DSC) of the Director. This is mandatory because companies must use DSCs for online authentication under GST regulations.
8. Board Resolution or Letter of Authorization (if applicable): Although not always compulsory, a Board Resolution or Authorization Letter may be required if someone other than the sole Director is acting as the authorized signatory for GST purposes. Having this document ready can avoid delays if the GST officer requests it during verification.
Keeping these documents accurate and updated helps with faster registration without queries from the GST department.
Benefits of GST Registration for OPC
Registering under GST provides several tangible and intangible benefits for One Person Companies:
1. Legal Authorization: GST registration grants the OPC legal authority to collect tax on its supplies and allows it to claim input tax credits on purchases, ensuring compliance with tax laws and improving overall business efficiency.
2. Wider Market Access: An OPC registered under GST can supply goods or services freely across India without any state-wise restrictions, enabling wider market access and helping the business expand its operations beyond its home state boundaries.
3. Input Tax Credit: An OPC registered under GST can claim an input tax credit on its purchases, helping reduce procurement costs and enhancing overall profitability by lowering the tax burden on goods and services used for business operations.
4. Better Business Credibility: A GST-registered OPC is seen as a more credible and trustworthy business partner by customers, suppliers, and financial institutions, enhancing its reputation and making it easier to build strong business relationships and secure funding.
5. Participation in Tenders: Many government tenders and large private contracts mandate GST registration as a pre-qualification criterion, making it essential for OPCs aiming to participate in competitive bidding and secure high-value business opportunities.
6. Easier Compliance with Buyers: Most B2B transactions prefers GST-registered suppliers to avail themselves of input tax credit (ITC) benefits, making GST registration advantageous for OPCs by encouraging better trade terms and building stronger business relationships.
7. Smooth Export Operations: Exporters must obtain GST registration to claim GST refunds and avail export-related benefits under the GST regime, ensuring compliance with tax laws and improving cash flow through timely refunds of taxes paid on inputs and services.
8. Competitive Advantage: In certain sectors, GST registration gives an OPC a competitive edge over unregistered businesses by enabling tax-compliant invoices, offering input tax credit benefits to customers, and creating more attractive and transparent pricing structures.
Consequences if OPC Fails to Register for GST
If a One Person Company (OPC) that is required to register under GST fails to do so, it can face serious legal and financial consequences. Here’s a detailed look at what can happen:
1. Monetary Penalties: The GST law imposes strict penalties for non-registration:
(a) A penalty of 10% of the tax due or Rs.10,000, whichever is higher.
(b) If the failure to register is deemed intentional, the penalty may rise to 100% of the tax due.
2. Interest in Outstanding Tax: In addition to penalties, the OPC will be liable to pay interest on the unpaid GST amount:
(a) The current interest rate is 18% per annum.
(b) Interest is calculated from the date the tax was due until the date it is paid.
3. Loss of Input Tax Credit (ITC): Without GST registration:
(a) The OPC cannot claim Input Tax Credit on purchases.
(b) This increases the cost of operations, making the business less competitive.
4. Legal Action and Prosecution: Severe cases of willful non-compliance can lead to:
(a) Legal proceedings are initiated by tax authorities.
(b) Possible seizure of goods and freezing of bank accounts.
(c) Prosecution with fines and imprisonment for major offenses.
5. Business Disruption: Without GST registration:
(a) The OPC may not be able to supply goods or services legally.
(b) Major clients and vendors may refuse to deal with an unregistered entity.
(c) E-commerce platforms (like Amazon and Flipkart) require valid GST numbers for sellers.
6. Damage Reputation: Legal notices, penalties, and enforcement actions can damage the brand image and customer trust, making it difficult to sustain or expand the business.
7. Barred from Government Tenders and Contracts: Many government agencies require vendors to have valid GST registration. An unregistered OPC cannot bid for such tenders, limiting business opportunities.
Final Thought
GST registration is not mandatory for all One Person Companies (OPCs) at the time of incorporation. However, certain business activities like inter-state supply, online sales, or exceeding the prescribed turnover limit trigger the obligation to register. Entrepreneurs must assess their business model carefully to determine applicability. Voluntary GST registration can also offer strategic benefits, including better market credibility and input tax credit advantages. With compliance becoming more digitized, obtaining GST registration early is not just about fulfilling legal requirements but also about positioning the OPC for long-term growth and success.
If you have any queries regarding GST Registration for OPC, then you can connect with Compliance Calendar LLP experts through email info@ccoffice.in or Call/Whatsapp at +91 9988424211.
Frequently Asked Questions
Q1. Is GST registration mandatory for all OPCs?
Ans. No, GST registration for OPCs is mandatory only if turnover exceeds Rs.40 lakh (Rs.20 lakh in special states) or if engaged in inter-state sales, e-commerce, or taxable supply regardless of turnover.
Q2. What is the turnover limit for mandatory GST registration for an OPC?
Ans. The turnover limit for mandatory GST registration for an OPC is Rs.40 lakh for most states and Rs.20 lakh for special category states like Manipur, Mizoram, Nagaland, and others.
Q3. Does an OPC offering only services need GST registration?
Ans. Yes, an OPC offering services must register for GST if turnover exceeds Rs.20 lakh (Rs.10 lakh in special states) or if it provides inter-state services, regardless of turnover.
Q4. Can an OPC voluntarily register for GST before reaching the turnover limit?
Ans. Yes, an OPC can voluntarily register for GST before reaching the turnover limit to avail input tax credit, enhance business credibility, and expand market opportunities.
Q5. What happens if an OPC required to register under GST fails to do so?
Ans. If an OPC fails to register under GST, it faces penalties, interest in tax dues, loss of input tax credit, legal action, business disruption, and damage to its market reputation.