Startup ecosystem · Incorporation
Pvt Ltd vs LLP vs OPC: which to choose and why
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
Pvt Ltd: Best for VC-fundable startups. Can issue equity (CCPS, CCD, options). Corporate tax 22% (Sec 200, Income-tax Act 2025, old Sec 115BAA) or 15% for new manufacturing (Sec 201, old Sec 115BAB). Compliance-heavy: ROC filings, board meetings, statutory audit mandatory.
Provisions and law
- Companies Act 2013 | LLP Act 2008 | IT Act 1961, Sec 115BAB (now 201)
Analysis
LLP: Best for service businesses, CA firms, consulting. No dividend distribution tax. Partners pay tax at slab rate on their profit share. Cannot issue shares, VCs cannot invest. No statutory audit below ₹40L turnover / ₹25L capital. OPC (One Person Company): Solo founder, no intention to raise VC. Same compliance as Pvt Ltd but only one shareholder. Converts to Pvt Ltd when turnover exceeds ₹2Cr or paid-up capital exceeds ₹50L.
Conclusion
- You plan to raise external equity (angels, VCs, ESOP pool)
- You want Sec 140 (old Sec 80-IAC) tax holiday (Pvt Ltd and LLP both qualify)
- You have multiple co-founders with different equity stakes
- You are building to sell, M&A exit requires Pvt Ltd structure
A Savvy can do this for you
Change in LLP partners or designated partners, Form 4 (and Form 3)
₹2,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.
People also ask
- Corporate tax rates: 22% vs 15% vs 25%
- Holding company: the investment vehicle for family wealth
- Section 140 (old 80-IAC): 3-Year Tax Holiday
- LTCG on Property, 12.5% (No Indexation) vs 20% (With CII): Choose Lower
- Original return and belated return sections
- Founder Capital Injection: Compliance and Tax Treatment