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Companies Act, 2013 (India)

The Companies Act, 2013 in India governs the formation, regulation, and dissolution of companies in India. It lays down the framework for corporate governance, management, and tax accounting practices.

Tax accounting refers to the accounting methods and practices used to calculate and report taxes owed by a business or individual to tax authorities. It focuses on ensuring compliance with the relevant tax laws and regulations, while also determining the correct amount of tax liabilities for the current period. Unlike general accounting, which is primarily focused on presenting a true and fair view of a company’s financial position, tax accounting is specifically concerned with calculating taxable income and tax obligations.

 

Tax Accounting is a specialized field of accounting that focuses on the preparation, calculation, and reporting of taxes in accordance with tax laws and regulations. It deals specifically with determining the tax liability of businesses or individuals and ensuring that the correct amount of taxes is paid to the government. Unlike financial accounting, which primarily serves external users like investors, creditors, and regulators, tax accounting is focused on meeting the requirements of tax authorities.

Ensures Tax Compliance

Tax accounting helps businesses and individuals comply with local and international tax laws, ensuring they meet deadlines for tax filing and avoid penalties or legal issues.

Optimizes Tax Liabilities

By accurately calculating taxable income and identifying eligible tax deductions and credits, tax accounting helps reduce the overall tax burden, ensuring businesses pay only what is required by law.

Prevents Tax Audits and Penalties

Proper tax accounting ensures that tax returns are filed correctly and on time, reducing the risk of audits by tax authorities and avoiding penalties for underreporting or misreporting income.

Accurate Financial Planning

Tax accounting provides valuable insights into future tax obligations, allowing businesses to plan their finances effectively, manage cash flow, and set aside sufficient funds to meet tax liabilities.

Facilitates Tax Strategy Implementation

Tax accounting helps businesses develop and implement tax-saving strategies (e.g., tax credits, deductions, or investment options) to minimize their overall tax exposure, boosting profitability.

Deferred Tax Management

It enables businesses to manage deferred taxes efficiently, accounting for timing differences between when income and expenses are recognized for accounting purposes and when they are recognized for tax purposes, ensuring accurate future tax payments.

Eligibility Criteria For Tax Accounting

For Businesses:

  1. Business Registration:

    • The entity must be legally registered (e.g., sole proprietorship, partnership, LLP, or company) under relevant laws like the Companies Act, 2013, or local business registration acts.
  2. Tax Identification Number (TIN) or GST Registration:

    • Businesses must have a valid Tax Identification Number (TIN) or GSTIN for goods and services tax compliance, as applicable.
  3. PAN (Permanent Account Number):

    • A valid PAN is required for filing income tax returns and conducting tax-related activities.
  4. Income Threshold Compliance:

    • Businesses must meet specific income or turnover thresholds as prescribed by tax laws, such as mandatory GST filing if turnover exceeds the limit (e.g., ₹20 lakhs in India for services).
  5. Record Maintenance:

    • Accurate financial records, including income, expenses, and investments, must be maintained to meet tax accounting standards.

For Individuals:

  1. PAN (Permanent Account Number):

    • Individuals must possess a valid PAN issued by the tax authority to file income tax returns.
  2. Income Declaration:

    • Tax accounting is applicable if the individual’s income exceeds the basic exemption limit set by the government (e.g., ₹2.5 lakh annually in India for individuals below 60 years of age).
  3. Tax Deductions and Savings Records:

    • To claim deductions (e.g., under Section 80C of the Income Tax Act), individuals must maintain records of eligible investments and expenses.
  4. Employment or Self-Employment Status:

    • Salaried individuals, freelancers, or self-employed professionals must comply with tax accounting requirements for reporting their income.

General Criteria for All:

  1. Compliance with Tax Laws:

    • Tax accounting applies to all entities and individuals earning taxable income or conducting taxable transactions.
  2. Regular Tax Filing:

    • Filing of periodic tax returns (monthly, quarterly, or annually) is mandatory for businesses and individuals as per tax law requirements.
  3. Audited Accounts (if applicable):

    • Businesses exceeding prescribed turnover thresholds may require audited financial statements as per tax laws.

Checklist for Tax Accounting

  • Registration and Identification:

    • Obtain a Permanent Account Number (PAN).
    • Register for GST or other applicable tax systems (TIN, VAT, etc.).
    • Ensure the entity or individual is registered under relevant laws.
  • Financial Records:

    • Maintain accurate records of income, expenses, and investments.
    • Keep track of sales invoices, purchase bills, and bank statements.
    • Record all cash and non-cash transactions systematically.
  • Tax Compliance:

    • Stay updated with current tax laws and regulations.
    • Calculate advance tax payments, if applicable.
    • Ensure proper deductions and exemptions are applied as per tax rules.
  • Documentation:

    • Gather supporting documents for tax deductions, exemptions, and credits.
    • Ensure availability of audit reports (if required).
    • Maintain proof of assets, liabilities, and depreciation records.
  • Tax Return Preparation:

    • Use the correct tax form for filing (ITR-1, ITR-2, etc., for individuals or businesses).
    • Reconcile books of accounts with tax filings.
    • Review all details to avoid errors in filing.
  • Audit and Review:

    • Ensure books of accounts are audited, if applicable (mandatory for businesses crossing specific turnover thresholds).
    • Get the financial records reviewed by a tax professional or accountant.
  • Tax Payment and Filing:

    • Verify and pay any pending tax liabilities before filing returns.
    • File periodic returns (e.g., GST returns, income tax returns) on time.
    • Retain acknowledgment receipts and certificates of tax filing.
  • Compliance Monitoring:

    • Track tax-related notices or updates from authorities.
    • Regularly monitor compliance with all tax deadlines.
    • Ensure timely rectification of any errors or discrepancies.
  • Automation Tools (Optional):

    • Use accounting software or ERP systems to simplify tax calculations and record-keeping.

Necessary Documents for Tax Accounting

  1. Identity and Registration Documents:

    • PAN (Permanent Account Number) of the individual or business.
    • Aadhaar Card (for individuals or proprietors, if applicable).
    • Business Registration Certificate (e.g., GSTIN, LLP, or Company Incorporation Certificate).
  2. Financial Records:

    • Income Statements: Details of all sources of income (e.g., salary, business income, rental income, etc.).
    • Expense Records: Bills, invoices, and receipts for deductible expenses.
    • Bank Statements: Bank transaction records for the financial year.
  3. Tax-related Documents:

    • Previous Tax Returns: Copies of past filed returns (if applicable).
    • TDS Certificates: Form 16 (for salaried employees) or Form 16A (for non-salary income).
    • Advance Tax or Self-assessment Tax Receipts (if paid).
    • Challan Receipts for Tax Payments.
  4. Investment Proofs:

    • Tax-saving Investment Documents: Receipts for investments under Section 80C (e.g., ELSS, PPF, insurance premiums).
    • Housing Loan Interest Certificates (for claiming deductions under Section 24).
    • Proof of investments for exemptions or deductions (e.g., health insurance premiums under Section 80D).
  5. Asset and Liability Documents:

    • Details of fixed assets (e.g., property purchase agreements, vehicle invoices).
    • Loan or liability statements (e.g., business loans, personal loans).
  6. Business-specific Documents (if applicable):

    • Books of Accounts: Ledger, trial balance, and profit and loss account.
    • GST Returns: Monthly, quarterly, or annual GST filing records.
    • Stock Inventory Details: For businesses dealing in goods.
    • Depreciation Records: For claiming asset depreciation.
  7. Audit Reports (if applicable):

    • Tax Audit Report under Section 44AB of the Income Tax Act (for businesses exceeding prescribed turnover).

 

Types of Tax Accounting

Individual Tax Accounting

Focuses on tracking and reporting the income, expenses, and deductions of individual taxpayers. It includes filing personal income tax returns, claiming eligible deductions (like 80C or 80D), and ensuring compliance with income tax laws.

Corporate Tax Accounting

Tailored for businesses and corporations to manage their taxable income. It involves calculating taxes on profits, managing tax deductions, handling tax credits, and filing corporate income tax returns. Corporate tax accounting also includes compliance with laws like GST and TDS.

Tax Accounting for Nonprofit Organizations

Designed for charitable trusts, NGOs, and other non-profit entities. It ensures compliance with tax regulations specific to non-profits, such as exemptions under the Income Tax Act, maintaining records of donations, and filing returns under the appropriate sections.

Characteristics of Tax Accounting

Compliance-Oriented

  • Ensures adherence to tax laws, regulations, and guidelines set by government authorities.

Focus on Tax Liabilities

  • Primarily involves calculating and managing taxes owed by individuals or businesses.

Deduction and Exemption Management

  • Identifies eligible deductions, exemptions, and tax credits to minimize tax liability.

Income and Expense Tracking

  • Maintains accurate records of income and expenses to provide a clear picture of taxable income.

Entity-Specific Practices

  • Tailored for individuals, businesses, or non-profits based on their unique tax obligations.

Periodic Reporting

  • Requires regular filing of tax returns and other compliance-related reports (monthly, quarterly, or annually).

Audit Support

  • Prepares and organizes financial records to facilitate tax audits, if required.

Dynamic Nature

  • Adapts to changes in tax laws, ensuring that the entity remains compliant with the latest rules and regulations.

Data Security

  • Protects sensitive financial information to prevent misuse or legal issues.

Facilitates Strategic Planning

  • Helps in financial decision-making by analyzing tax implications for future investments or business growth.

How to Register for Tax Accounting

step
  1. Determine Your Taxpayer Type:

    • Identify whether you are an individual, business entity, or non-profit organization to determine your tax obligations.
  2. Obtain a Permanent Account Number (PAN):

    • Apply for a PAN from the Income Tax Department, which is essential for all tax-related transactions.
  3. Register for GST (if applicable):

    • If your business turnover exceeds the prescribed limit or involves inter-state supply of goods/services, register for Goods and Services Tax (GST).
  4. Set Up a Tax Accounting System:

    • Establish a reliable system for tracking income, expenses, and tax liabilities.
    • Use accounting software like Tally, QuickBooks, or ERP solutions for accuracy.
  5. Maintain Financial Records:

    • Keep detailed records of all financial transactions, including invoices, receipts, and bank statements, for tax compliance and audits.
  6. Understand Applicable Tax Laws:

    • Familiarize yourself with income tax, GST, and other applicable laws to ensure compliance with regulations.
  7. Hire a Tax Professional (Optional):

    • Engage a certified accountant or tax consultant to help with registration, filing, and compliance.
  8. File Required Applications:

    • Register for necessary tax services (e.g., TDS, professional tax) through the Income Tax or GST portal.
    • Submit relevant forms like ITR-1 for individuals or ITR-6 for corporations.
  9. Comply with Documentation Requirements:

    • Provide essential documents such as identity proof, business registration certificates, and bank details for tax registration.
  10. Regular Updates and Filing:

    • Once registered, maintain compliance by filing tax returns (monthly, quarterly, or annually) and keeping up with changes in tax laws.

 

Private Limited Company Registration Fees

There are several criteria that determine the total fees structure to form a private limited business in India. Fees like stamp duty and government fees are required. Professional fees will be assessed if you engage any experts. Apart from this, applications for filing DSC, DIN, Notary fees, PAN, TAN and GST registration should be accounted for. An all-in-one platform for online private limited company registration in India is offered by Vakilsearch. Depending on your demands, you can choose from our affordably priced packages and begin the registration process.

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