Frequently Asked Questions

Under the new e-Pay Tax service, the entire chain of activities related to payment of direct taxes, from generation of challan (CRN) to making payment and recording of the payment history is enabled through the e-Filing portal (Home | Income Tax Department) for Authorized Banks. Filing of Form 26QB/26QC/26QD/26QE is also available under this functionality.

Taxpayers are offered wide range of modes for payment, including Net Banking, Debit card, Pay at Bank Counter

(Over the Counter) in the new functionality. Taxpayers are also given the option to use RTGS/NEFT & Payment Gateway (Net Banking, Debit Card, Credit Card & UPI) modes to make payments through banks which are not authorized to directly collect the taxes. To make payment using this functionality, Challan (CRN) is mandatorily needed to be created on the e-Pay Tax Functionality of the e-Filing Portal. Moreover, CSI (Challan Status Inquiry) facility has been added in the e-Filing portal. TAN users can download the CSI file in Pre login Using quick links and Alternatively, in Post-login, users can go to CSI File download Tab and download the CSI file for tax payments made through the e-Pay Tax service at e-Filing Portal

Presently, Axis Bank, Bandhan Bank, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, City Union Bank, DCB Bank, Federal Bank, HDFC Bank, ICICI Bank, IDBI Bank, Indian Bank, Indian Overseas Bank ,IndusInd Bank, Jammu & Kashmir Bank, Karur Vysya Bank, Kotak Mahindra Bank, Punjab & Sind Bank, Punjab National Bank, RBL Bank, South Indian Bank, State Bank of India, UCO Bank & Union Bank of India have been enabled for making tax payment through the e-Filing portal, All payments through Authorised Banks are required to be made through the e-Filing portal only. Taxpayers can make payment through Non-Authorised Banks with NEFT/RTGS and Payment Gateway (Bank of Maharashtra, Canara Bank, Federal Bank, State Bank of India, HDFC bank & Kotak Bank offers this facility as of now) as the new modes of payment in e-Filing system.

Tax payments through other than Authorised banks can be made via NEFT/RTGS or payment gateway modes at e-Pay Tax service at e-Filing portal

To access e-Pay Tax Functionality, a taxpayer needs to visit Home | Income Tax Department, where this functionality is available in pre-login (under Quick Links on homepage) as well as post-login mode.

General Questions
1. What is a private limited company?
A private limited company is a type of business entity that limits the liability of its shareholders to the amount invested. It is privately owned and not publicly traded.
2. What are the benefits of incorporating a private limited company?
Benefits include limited liability, easier access to capital, separate legal identity, and more credibility with customers and suppliers.
3. What is the difference between a private limited company and a public limited company?
A private limited company cannot offer shares to the public, while a public limited company can list its shares on stock exchanges.
4. Can a private limited company have one shareholder?
Yes, a private limited company can have a single shareholder, which is known as a one-person company (depending on the jurisdiction).
5. Can a private limited company have only one director?
Yes, a private limited company can have only one director, depending on the jurisdiction's legal requirements.
6. What are the restrictions on the transfer of shares in a private limited company?
Shares in a private limited company cannot be freely transferred; they may require approval from other shareholders or the board of directors.
7. Is there any limit to the number of shareholders in a private limited company?
Yes, most jurisdictions limit the number of shareholders in a private limited company, usually between 50 and 200 shareholders.
8. Can a private limited company be fully owned by another company?
Yes, a private limited company can be fully owned by another company, forming a subsidiary relationship.
9. How does the liability of shareholders work in a private limited company?
Shareholders' liability is limited to the amount unpaid on their shares; they are not personally liable for the company's debts.
10. Can a private limited company raise capital through issuing shares?
Yes, a private limited company can raise capital by issuing shares, but these shares cannot be offered to the general public.

11. How do I incorporate a private limited company?
Incorporation involves choosing a company name, preparing required documents (like the Memorandum and Articles of Association), and registering with the relevant authorities.
12. What are the documents required for the incorporation of a private limited company?
Typically, you'll need a Memorandum of Association, Articles of Association, proof of address, and identification for directors and shareholders.
13. What is the minimum capital requirement for incorporating a private limited company?
Many jurisdictions do not have a mandatory minimum capital requirement, though some may require a nominal amount, such as Rs.1.
14. How long does it take to incorporate a private limited company?
The process can take anywhere from a few days to several weeks, depending on the jurisdiction and efficiency of the regulatory body.
15. How much does it cost to incorporate a private limited company?
Costs vary by jurisdiction, but it typically includes registration fees, legal or consultancy fees, and potentially notary fees for document verification.
16. What is the process of registering a private limited company?
You will need to file incorporation documents with the local company registrar, provide necessary identification, and pay the required fees.
17. Do I need a registered office address for incorporating a private limited company?
Yes, a registered office address is required for correspondence and legal notices.
18. What are the steps involved in the incorporation of a private limited company?
The steps generally include choosing a company name, preparing the documents, filing them with the relevant authority, and paying the registration fee.
19. Can I incorporate a private limited company online?
Yes, in many jurisdictions, you can complete the entire incorporation process online.
20. Do I need to hire a lawyer to incorporate a private limited company?
Hiring a lawyer is not mandatory, but it can be helpful to ensure legal compliance and to draft necessary documents.

21. What is the minimum number of directors required for a private limited company?
The minimum number is usually one, depending on the country’s laws.
22. Can I be the only director and shareholder in a private limited company?
Yes, in many jurisdictions, a private limited company can have one director and one shareholder, sometimes referred to as a one-person company.
23. Can a director also be a shareholder in a private limited company?
Yes, a director can also be a shareholder in a private limited company, often serving as both a decision-maker and an owner.
24. Do directors need to be residents of the country where the company is incorporated?
Some jurisdictions require at least one director to be a resident, while others do not.
25. What is the role of the directors in a private limited company?
Directors are responsible for managing the company’s affairs, making strategic decisions, and ensuring compliance with laws and regulations.
26. Can a foreign national be a director of a private limited company?
Yes, foreign nationals can generally serve as directors, although some jurisdictions may have restrictions or require a local resident director.
27. How are directors appointed and removed in a private limited company?
Directors are appointed and removed by the shareholders, according to the company's Articles of Association.
28. Are shareholders and directors the same people in a private limited company?
Shareholders and directors are often different, though in a small company, the same person may serve both roles.
29. Can I change the shareholding structure after incorporation?
Yes, the shareholding structure can be changed by issuing new shares or transferring existing ones, subject to the company’s rules.
30. How do I issue new shares in a private limited company?
New shares can be issued by passing a resolution and updating the company’s records. Shareholder approval may be required.

31. What are the legal requirements for a private limited company?
Legal requirements include maintaining a registered office, having at least one director, submitting annual returns, and complying with tax laws.
32. What is the Memorandum of Association (MOA) for a private limited company?
The MOA is a legal document that outlines the company’s objectives, scope of operations, and other important details.
33. What is the Articles of Association (AOA) for a private limited company?
The AOA sets out the internal rules governing the company, including shareholder meetings, voting rights, and director duties.
34. Do I need to submit annual returns for a private limited company?
Yes, most jurisdictions require private limited companies to submit annual returns, updating the company's records and confirming its activities.
35. How often do I need to hold annual general meetings (AGMs)?
AGMs are typically required once a year to review the company’s financial position and business decisions, though some small companies may be exempt.
36. What are the accounting requirements for a private limited company?
Private limited companies must maintain accurate financial records, file annual accounts, and prepare financial statements.
37. Is an audit mandatory for a private limited company?
Audits may be required depending on the company’s size and jurisdiction, especially for larger companies or those meeting certain turnover thresholds.
38. What are the record-keeping requirements for a private limited company?
A private limited company must keep records of its financial transactions, shareholder agreements, and minutes of meetings.
39. What are the tax obligations of a private limited company?
A private limited company must pay corporate income tax on profits, along with any other applicable taxes, such as VAT or payroll taxes.
40. Does a private limited company need to have a company secretary?
A company secretary is required in some jurisdictions, but smaller companies may not need one.

41. How is the share capital of a private limited company determined?
Share capital is typically determined based on the company’s intended business size and can be set at a nominal value or a specific amount.
42. Can I raise capital from family and friends in a private limited company?
Yes, private limited companies can raise capital from family and friends, but shares may not be easily transferable without shareholder approval.
43. Can a private limited company issue shares to the public?
No, a private limited company cannot issue shares to the public. Only public companies can do that.
44. Can a private limited company apply for loans?
Yes, private limited companies can apply for business loans, which may require personal guarantees or collateral from the directors.
45. Can a private limited company accept external investments?
Yes, private limited companies can accept investments, but they must comply with regulations about share issuance and shareholder agreements.
46. How do I raise capital through private placements?
Capital can be raised through private placements by offering shares or securities to select investors, subject to regulatory approval.
47. What is the process for transferring shares in a private limited company?
Shares can be transferred to other individuals or entities with the approval of the board or shareholders, following the company's rules.
48. How do shareholders receive dividends from a private limited company?
Shareholders receive dividends based on their shareholding percentage when declared by the company’s directors.
49. Can a private limited company issue bonds or debentures?
Yes, private limited companies can issue bonds or debentures, but this is less common due to the potential complexity and costs involved.
50. Can a private limited company issue preference shares?
Yes, private limited companies can issue preference shares, which offer specific benefits such as fixed dividends or priority over common shares.

51. What taxes does a private limited company have to pay?
A private limited company must pay corporate income tax on its profits, and may also need to pay VAT, payroll taxes, and other local taxes.
52. Is a private limited company required to file taxes annually?
Yes, the company must file an annual tax return, reporting its income, expenses, and profits.
53. What is the corporate tax rate for a private limited company?
The corporate tax rate varies by jurisdiction and can range from 15% to 30

61. How do I appoint key personnel for a private limited company?
Key personnel are appointed by the board of directors, based on the company’s needs and governance structure.
62. Can a private limited company own property?
Yes, a private limited company can own property, including real estate and intellectual property.
63. Can a private limited company enter into contracts?
Yes, as a legal entity, a private limited company can sign contracts and enter into agreements.
64. How do I dissolve or liquidate a private limited company?
To dissolve a company, a resolution must be passed, debts cleared, and assets distributed, followed by filing with the registrar.
65. What happens if a private limited company goes bankrupt?
If bankrupt, the company will go into liquidation, with its assets sold to repay creditors. Shareholders' liability is limited.
66. How do I protect the intellectual property of a private limited company?
Intellectual property can be protected by trademarks, patents, copyrights, or trade secrets, depending on the nature of the IP.
67. What are the governance rules for a private limited company?
Governance rules are typically outlined in the company’s Articles of Association, covering shareholder meetings, director duties, and decision-making processes.
68. How do I create an employee stock option plan (ESOP) for a private limited company?
ESOPs can be established through a formal plan that offers employees the option to purchase company shares at a later date, often at a discounted price.
69. Can a private limited company be merged or acquired?
Yes, a private limited company can be merged with or acquired by another company through a formal agreement.
70. Can a private limited company enter into international business?
Yes, private limited companies can engage in international trade, subject to legal and regulatory requirements.

71. What rights do shareholders have in a private limited company?
Shareholders have the right to vote on key decisions, receive dividends, and access financial information.
72. How are dividends distributed in a private limited company?
Dividends are distributed based on the number of shares held, and they are paid out from the company’s profits.
73. How can shareholders influence the decisions of a private limited company?
Shareholders influence decisions by voting in general meetings or through written resolutions, depending on the company’s governing documents.
74. What is the procedure for resolving disputes among shareholders in a private limited company?
Shareholder disputes can be resolved through negotiation, mediation, or legal proceedings, depending on the terms of the shareholder agreement.
75. Can a shareholder sell their shares in a private limited company without restrictions?
Shareholders may face restrictions on transferring shares, which often require board or other shareholders' approval.
76. What happens if a shareholder wants to exit the company?
An exiting shareholder can sell or transfer their shares according to the terms outlined in the shareholder agreement or Articles of Association.
77. What is the process for buying back shares from a shareholder?
The company can repurchase shares through an agreement with the shareholder, often requiring board approval.
78. Can a private limited company restrict the transfer of shares?
Yes, the transfer of shares in a private limited company can be restricted, typically requiring board or shareholder approval.
79. How are profits and losses distributed in a private limited company?
Profits and losses are distributed among shareholders based on the number and type of shares they hold.
80. What happens if a shareholder dies or becomes incapacitated?
The shareholder’s shares are typically passed on to heirs or transferred according to the terms of the shareholder agreement.
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