Comprehensive Guide to Annual Filing and Compliance for One Person Company (OPC) in India

A One Person Company (OPC) is a unique business structure under the Companies Act, 2013, allowing a single entrepreneur to operate with the benefits of a corporate entity. While an OPC offers limited liability and separate legal identity, it must adhere to statutory compliances to avoid penalties and maintain operational efficiency.

This guide provides a structured overview of OPC compliance requirements, covering annual, monthly/quarterly, and event-based obligations, with due dates and filing details.

1. Annual Compliance Requirements

OPCs must fulfill certain annual compliances irrespective of business activity. These ensure financial transparency and legal adherence.

1.1. Disclosure of Director’s Interest (Form MBP-1)

• Purpose: Directors disclose their interests in other businesses to avoid conflicts of interest.
• Applicability: Mandatory for every director at the first Board meeting each financial year or upon any change.
• Legal Reference: Section 184(1) of the Companies Act, 2013.
• Filing Mode: Forms part of secretarial records; not required to be filed with MCA.

1.2. Declaration of Non-Disqualification (Form DIR-8)

• Purpose: Directors confirm they are not disqualified from serving under Section 164 of the Companies Act.
• Applicability: All directors must file this declaration annually before signing financial statements.

1.3. Filing of Financial Statements (Form AOC-4)

• Purpose: Submits the company’s financials, including the Balance Sheet, Profit & Loss Statement, and Director’s Report.
• Due Date: Within 180 days from the end of the financial year (i.e., by September 27th).
• Penalty for Late Filing: INR 100 per day of delay.

1.4. Annual Return (Form MGT-7)

• Purpose: Summarizes OPC ownership, management, and compliance details.
• Due Date: Within 60 days from the AGM.
• Penalty for Late Filing: INR 100 per day of delay.

1.5. Statutory Audit

• Requirement: Every OPC must appoint an auditor within 30 days of incorporation.
• Purpose: Mandatory audit of financial statements even if turnover is below the threshold.

2. Income Tax Compliance

OPCs must comply with income tax regulations, including filing returns and audits if applicable.

3. Monthly/Quarterly Compliance Requirements

3.1. Goods and Services Tax (GST) Compliance

Applicable if the OPC has a valid GST registration.

3.2. Tax Deducted at Source (TDS) Compliance

Applicable if OPC has a TAN number and deducts TDS.

3.3. Provident Fund (PF) and Employees’ State Insurance (ESI) Compliance

Applicable if the OPC has PF and ESI registrations.

4. Event-Based Compliance

Certain events trigger specific compliance requirements.

5. Consequences of Non-Compliance

Failure to adhere to these compliances can result in:

• Financial Penalties: Late filing fees, fines, and penalties from regulatory authorities.
• Legal Action: Prosecution of company officers.
• Loss of Good Standing: Inability to obtain loans or contracts due to poor compliance records.

6. Best Practices for Compliance Management

• Maintain Updated Records: Ensure all statutory registers are regularly updated.
• Use Compliance Software: Automate tracking and reminders for due dates.
• Hire Professional Assistance: Engage company secretaries or chartered accountants for guidance.
• Stay Updated: Monitor changes in laws and compliance requirements.

By ensuring timely compliance, OPCs can avoid penalties and maintain smooth business operations. If you need expert assistance, professional services like ReturnFilings.com can help manage OPC compliance efficiently. For professional assistance, reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091 to ensure all statutory obligations are met on time.

7. Additional Resources

For further reading, explore the following topics:

• Understanding the Registration process and benefits of One Person Company in India.
• Company Name Change: Process, Legal Requirements, and Step-by-Step Filing Guide.
• How to Increase Authorised / Subscribed Share Capital of a Company.
• Strike Off or Closure of OPC: Process, Legal Requirements, and Compliance.

Frequently Asked Questions (FAQs) related to One Person Company (OPC) Annual Filing and Compliance

General OPC Annual Filing Requirements

         1.       What are OPC Annual Filings?

           OPC annual filings are mandatory submissions to the Ministry of Corporate Affairs (MCA) that demonstrate an OPC’s financial health and                       operational status. These filings are essential for maintaining legal compliance and transparency. They provide a record of the OPC’s                                activities and financial position for stakeholders and regulatory authorities.

        2.       Why are OPC Annual Filings important?

            Annual filings are crucial for an OPC’s good standing with the MCA. They ensure transparency, providing stakeholders with essential                                information, and help avoid penalties for non-compliance. These filings also demonstrate the OPC’s continued existence and adherence to                      legal requirements, building trust and credibility.

          3.       What are the key compliance requirements for OPCs?

           Key compliance requirements include:

Filing Form MGT-7 (Annual Return): This form provides details of the OPC’s director, member (who is often the same person), registered office, and other key information about the company’s structure and activities during the financial year.

Filing Form AOC-4 (Financial Statements): This form includes the OPC’s balance sheet, profit and loss statement, and other financial documents, giving a snapshot of the OPC’s financial health.

Maintaining proper books of accounts: OPCs must maintain accurate and up-to-date records of their financial transactions, including receipts, payments, sales, and purchases. This ensures proper accounting and facilitates audits if required.

Getting the accounts audited (if applicable): While not always mandatory for small OPCs below certain thresholds, it’s often advisable for larger OPCs or when seeking funding. Audits provide an independent verification of the financial statements.

Filing Income Tax Return (ITR): OPCs are required to file their income tax returns annually, reporting their income and paying any applicable taxes.

          4.       What is the penalty for non-compliance by OPCs?

           Penalties for non-compliance can include fines, legal action against the director, and even the potential striking off of the OPC. Non-compliance              can also negatively impact the OPC’s creditworthiness and reputation, making it difficult to secure loans or business partnerships in the future.

Form MGT-7 (Annual Return)

          5.       What is the due date for filing Form MGT-7 (Annual Return) by OPCs?

             Form MGT-7 is due within 60 days of the end of the financial year. The financial year typically ends on March 31st, making the due date for                       Form MGT-7 filing May 30th.

           6.       What happens if an OPC misses the deadline for Form MGT-7 filing?

            Late filing of Form MGT-7 attracts penalties, which increase with the duration of the delay. These penalties can become substantial, so timely                 filing is crucial.

Form AOC-4 (Financial Statements)

           7.       When should Form AOC-4 (Financial Statements) be filed by OPCs?

             Form AOC-4 is due within 30 days of the Annual General Meeting (AGM). For OPCs, an AGM is not required. Therefore, it is generally                                  considered that Form AOC-4 is due by October 30th.

           8.       Who can digitally sign Form AOC-4 for OPCs?

             Form AOC-4 must be digitally signed by the director of the OPC.

           9.       What is the penalty for late filing of Form AOC-4 by OPCs?

             Late filing of Form AOC-4 also attracts penalties, similar to Form MGT-7.

Tax Audit and Filing

          10.   Is a tax audit mandatory for all OPCs?

           No, a tax audit is not mandatory for all OPCs. It is mandatory for OPCs if their annual turnover exceeds ₹1 crore or their gross total income                     exceeds ₹10 crore.

          11.   What is the deadline for OPC tax audit and tax filing?

            The due date for a tax audit is typically September 30th of the following financial year. The ITR filing deadline usually falls on July 31st for                      OPCs not requiring a tax audit, and October 31st for those requiring a tax audit. It’s crucial to consult with a tax professional for the most up-to-              date and accurate information, as these dates can sometimes change.

          12.   What is the Income Tax Return (ITR) form used by OPCs?

            OPCs file ITR using the applicable ITR form, which is typically ITR-6.

          13.   When is the due date for ITR filing by OPCs?

            See the response to “What is the deadline for OPC tax audit and tax filing?” above.

Benefits and Choosing a Service Provider

          14.   What are the benefits of OPC Annual Filings?

            Timely annual filings help OPCs:

Maintain a good reputation with the MCA: Demonstrates transparency and accountability.

Avoid penalties and legal consequences: Prevents financial losses and legal issues.

Demonstrate financial transparency: Builds trust with stakeholders, including potential investors, clients, and suppliers.

Ensure smooth business operations: Keeps the OPC in good standing, allowing for uninterrupted business activities.

         15.   Why choose a professional service for OPC annual filings?

           To ensure hassle free regulatory and compliance requirements, OPC can operate smoothly, avoid penalties, and maintain good legal standing.               For professional assistance, reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091 to ensure all statutory obligations              are met on time.

          16.   Can a professional service assist with other compliance services for OPCs?

           Yes, all compliances can be met at one place, connect with us on email: info@returnfilings.com or on whatsapp https://wa.me/919910123091

          17.   What is the penalty for non-compliance with annual filing requirements by OPCs?

           Penalties can range from fines for late filing to legal action against the director and the potential striking off of the OPC.

          18.   How does timely filing of annual returns benefit OPCs?

           Timely filing benefits OPCs by avoiding penalties, maintaining good standing with the MCA, ensuring transparency, facilitating business                           operations, and fostering trust with stakeholders.

Other generally asked questions related to OPC annual filing and compliances:

19. What is the OPC annual compliance checklist?

A checklist typically includes all the forms and requirements mentioned above. Consult a professional for a comprehensive checklist.

20. How much does OPC annual filing cost?

Costs vary depending on the service provider and the OPC’s specific requirements. Contact us on email: info@returnfilings.com or on whatsapp https://wa.me/919910123091

21. What are the documents required for OPC annual filing?

Typically includes PAN, Aadhaar of the director, financial statements, etc.

22. Can I file OPC annual returns online?

Yes, filings are done online through the MCA portal.

23. What is the process for filing OPC annual returns?

Involves preparing the necessary documents, digitally signing them, and uploading them to the MCA portal.

24. Is it mandatory to file annual returns for OPCs?

Yes, it is a legal requirement.

25. What happens if I don’t file OPC annual returns?

Penalties, legal action, and potential striking off of the OPC.

26. Who is responsible for OPC annual compliance?

The director is responsible for ensuring compliance.

27. Does an OPC need to hold an AGM?

No, OPCs are exempt from holding AGMs.

28. What are the specific compliance requirements for a small OPC?

Small OPCs may have some exemptions, but they still need to meet the basic annual filing requirements. Consult a professional for specifics.

OPC Director and Nominee

          29.   Can the same person be the director and member of an OPC?

            Yes, in an OPC, the same person can be both the director and the member. This is a key feature of the OPC structure.

          30.   Does an OPC need to have a nominee director?

            Yes, an OPC must appoint a nominee director. This nominee will step in as the director in case of the original director’s death or incapacity.

          31.   What are the qualifications for a nominee director?

            The nominee director must be a natural person, a resident of India, and otherwise eligible to be a director under the Companies Act.

          32.   Can the nominee director also be the nominee member?

            Yes, the same person can be both the nominee director and the nominee member.

          33.   What happens if the sole member of an OPC dies?

           The nominee director will take over the management of the OPC until a new member is appointed. The nominee member if different from the                  nominee director will become the new member.

OPC Conversion and Other Matters

          34.   Can an OPC be converted to a private limited company?

            Yes, an OPC can be converted to a private limited company. There are specific procedures and requirements for this conversion, which usually               involves increasing the number of members and directors.

          35.   Can an OPC have more than one director?

           While an OPC can have only one member, it can have more than one director. However, it must have at least one director who can also be the                  sole member.

          36.   Is there any exemption for OPCs from certain compliances?

           Yes, OPCs enjoy certain exemptions from some compliance requirements applicable to other types of companies. For example, they are not                    required to hold Annual General Meetings AGMs.

          37.   What is the significance of the “small OPC” category?

            Certain OPCs may qualify as “small OPCs” based on their turnover and paid-up capital. Small OPCs might have some additional exemptions                    from certain compliance requirements. However, they still need to fulfill the basic annual filing obligations.

          38.   Where can I find the latest rules and regulations related to OPC compliance?

            The most reliable source for up-to-date information is the official website of the Ministry of Corporate Affairs MCA. It’s also advisable to                           consult with a company secretary or other compliance professional.

39. What is the difference between a director and a member in an OPC?

The director manages the company, while the member owns the company. In an OPC, these roles can be held by the same person.

40. How do I appoint a nominee director for my OPC?

The appointment is made at the time of incorporation and is documented in the company’s Memorandum of Association MoA.

41. What is the procedure for changing the nominee director of an OPC?

A resolution needs to be passed, and the MCA needs to be informed through the appropriate forms.

42. Can an NRI be a member or director of an OPC?

Generally, no. There are residency requirements for both members and directors.

43. What are the advantages of converting an OPC to a private limited company?

Access to more capital, greater credibility, and the ability to have more members/directors.

44. How much paid-up capital is required for an OPC?

There is no minimum paid-up capital requirement for an OPC.

45. Does an OPC need to maintain a common seal?

It is not mandatory for OPCs to have a common seal.

46. How do I dissolve an OPC?

There are specific procedures for dissolving an OPC, which involve notifying the MCA and other stakeholders.

47. Where can I get help with OPC annual filing and compliance?

Reach out to us on email: info@returnfilings.com or on

whatsapp: https://wa.me/919910123091 to ensure all statutory obligations are met on time.