MSMEs: Definition, Structure and Important Tax Provisions (2024)

MSME Declaration

MSME provides a big support to the economy of our country. It indeed assists our foreign exchange reserves. Under the norms of the Government of India notification dated 1st June 2020 below mentioned is the definition of MSMEs.

ClassificationMicroSmallMedium
“Manufacturing Enterprises and Enterprises rendering Services”“Investment in Plant and Machinery or Equipment: Not more than Rs.1 crore and Annual Turnover ; not more than Rs. 5 crore”“Investment in Plant and Machinery or Equipment: Not more than Rs.10 crore and Annual Turnover ; not more than Rs. 50 crore”“Investment in Plant and Machinery or Equipment: Not more than Rs.50 crore and Annual Turnover ; not more than Rs. 250 crore”

(Source: https://msme.gov.in/know-about-msme)

The below-mentioned are the type of organizational structures through which the MSMEs could do their operations.

  • Sole Proprietorship concern
  • Hindu Undivided Family (HUF)
  • Partnership Firms as per the Indian Partnership Act 1932
  • Limited Liability Partnership Firms as per the Limited Liability Partnership Act 2008.
  • Public Limited Companies and Private Limited Companies according to the Indian Companies Act 2013.
  • Co-operative Societies according to the Indian Co-operative societies Act or the State Co-operative Societies Act.

Below mentioned would be the essential provisions of the income tax act 1961 and the Finance Act 2022 concerned with the above sorts of organizations.

Sole Proprietorship Concern

  • The same can choose either the Old regime of taxation or the New regime(Sec 115 BAC) of taxation.
  • Alternate Minimum Tax (AMT) is appropriate for special cases.
  • The below-written are the essential deductions that could be claimed under chapter VIA (when choosing an old tax regime).

I. Sec 80 CCC. II. Sec 80 E. III. Sec 80 CCD. IV. Sec 80EE. V. Sec 80 E. VI. Sec 80 QQB. VII. Sec 80 GG. VIII. Sec 80 TTB. IX. Sec RRB. X. Sec 80 U. XI. Sec 80 GGA. XII. Sec 80 C. XIII. Sec 80 DDB. XIV. Sec 80 G. XV. Sec 80 DD. XVI. Sec 80 D. XVII. Sec 80 CCF. XVIII. Sec 80 GGC. XIX. Sec 80 JJAA. XX. Sec 80 IA. XXI. Sec 80 JJA. XXII. Sec 80 –IAB. XXIII. Sec 80-1B. XXIV. Sec 80-1C. XXV. Sec 80-IE.

Hindu Undivided Family (HUF)

The same can choose either the Old regime of taxation or the New regime(Sec 115 BAC) of taxation.
Alternate Minimum Tax (AMT) is appropriate for special cases.
The below-written are the essential deductions that could be claimed under chapter VIA (when choosing an old tax regime).

I. Sec 80 C. II. Sec 80 TTA. III. Sec 80 D. IV. Sec 80 JJAA. V. Sec 80 DD. VI. Sec 80 JJAA. VII. Sec 80 DDB. VIII. Sec 80 JJA. IX. Sec G. X. Sec 80 IE. XI. Sec GGA. XII. Sec 80 IC. XIII. Sec GGC. XIV. Sec 80 IAB. XV. Sec 80 IA. XVI. Sec 80 IB.

Partnership Firms

  1. There are 2 kinds of taxation
    • Firms that do not follow section 18
    • According to section 184
  • A Flat income tax rate of 30% on the total income of the company would be needed to get furnished by the companies.
  • Alternate Minimum Tax (AMT) is appropriate for special cases.
  • The below-written are the essential deductions that could be claimed under chapter VIA.

I. Sec 80G. II. Sec 80 JJAA. III. Sec 80GGA. IV. Sec 80 JJA. V. Sec 80GGC. VI. Sec 80 IE. VII. Sec 80 IA. VIII. Sec 80 IC. IX. Sec 80 IB. X. Sec 80 IAB.

According to the Limited Liability Partnership Act 2008 the Limited Liability Partnership Firms.

Income tax Assessment is as exact as the assessment of the partnership firms

Public Limited Companies and Private Limited Companies according to the Indian Companies Act 2013.

Under the below mentioned of any of the subsequent section, Companies are enabled to choose for the assessment

  • Old regime of taxation
  • Sec 115 BA
  • Sec 115 BAA
  • Sec 115 BAB

Under the following section, the MAT is not subjected to be applied with a 15% rate in the condition when a company had chosen for taxation.

  • Sec 115 BAA
  • Sec 115 BAB

The below mentioned would be the essential deductions that could be claimed under Chapter VIA if the company chooses to taxation beneath the old regime

I. Sec 80G. II. Sec 80 PA. III. Sec 80GGA. VI. Sec 80 LA. V. Sec 80GGC. VI. Sec 80 GGB. VII. Sec 80 IA . VIII. Sec 80 JJAA. IX. Sec 80 IB. X. Sec 80 IAB. XI. Sec 80 IE. XII. Sec 80 JJA. XIII. Sec 80 IC.

Co-operative Societies according to the Indian Co-operative societies Act or the State Co-operative Societies Act.

  • The same can choose either the Old regime of taxation or the New regime (Sec 115 BAD) of taxation.
  • An alternate Minimum Tax (AMT) with a 15% rate is appropriate for special cases.

The below-written are the essential deductions that could be claimed under chapter VIA (when choosing the old taxation regime).

I. Sec 80G. II. Sec 80GGA. III. Sec 80GGC. VI. Sec 80 JJA. V. Sec 80 JJAA. VI. Sec 80 P. VII. Sec 80 IA. VIII. Sec 80 IB. IX. Sec 80 IAB. X. Sec 80 IC. XI. Sec 80 IE.

MSMEs: Definition, Structure and Important Tax Provisions (2024)

FAQs

What is the MSME defined as? ›

– An Introduction. MSME stands for Micro, Small, and Medium Enterprises. In accordance with the Micro, Small, and Medium Enterprises Development (MSMED) Act in 2006, the enterprises are classified into two divisions. Manufacturing enterprises – engaged in the manufacturing or production of goods in any industry.

How is the MSME sector classified? ›

The updated MSME definition, effective from 01.07. 2020, relies on combined turnover and investment limits for plant, machinery, or equipment. These criteria apply uniformly to both manufacturing and service enterprises. Here's how MSMEs are classified into micro, small, and medium categories.

What is the turnover of a micro business? ›

An enterprise with an investment of not more than Rs. 1 Crore and a turnover of not more than Rs. 5 Crore is classified as a Micro Enterprise.

What is 45 days payment rule? ›

The MSME 45 days payment rule refers to the requirement for larger companies to make payments to Micro, Small, and Medium Enterprises (MSMEs) within 45 days of receiving goods or services. This rule aims to ensure timely payments and support the financial stability of smaller businesses.

What is the difference between small business and MSME? ›

What is the turnover limit for characterising MSMEs in India? The turnover limit is ₹5 crores for Micro, ₹50 crores for Small, and ₹250 crores for Medium Enterprises. The plans are not guaranteed issuance plans, and they will be subject to Company's underwriting and acceptance.

What is the amendment of MSME? ›

According to the Micro, Small and Medium Enterprises development (Amendment) Bill, the MSMEs will now be classified on the basis of “annual turnover”; earlier the criterion being “investment in plant and machinery or equipment”.

What is the difference between a small enterprise and a medium enterprise? ›

A small enterprise is one that has investment in plant, machinery etc. of not more than Rs 10 crore and annual turnover of not more than Rs 50 crore. A medium enterprise is one that has investment in plant and machinery of not more than Rs 50 crore and annual turnover of not more than Rs 250 crore.

What is the purpose of the Micro Small and Medium Enterprises Development Act 2006? ›

An Act to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto.

How many employees is considered a micro business? ›

A micro business is a type of small business that employs fewer than 10 people, according to the Small Business Association, while small businesses can include businesses with up to 500 employees.

What is an example of a micro business? ›

A few examples of micro businesses include freelance writers, Etsy shop owners, consultants, and many other self-employed workers. The business structure typically revolves around a smaller consumer market and allows owners to have a close relationship with their clientele.

What is the 43B of income tax? ›

What is Section 43B? Section 43B of Income Tax Act is concerned with profits and gains of business or profession PGBP. This provision states that individuals can claim certain payments as expenses; however, they can do so in the year it was paid and not in the year it was incurred.

What is Section 15 of the Msmed Act? ›

Section 15 of the MSMED Act mandates payments to micro and small enterprises within the time as per the written agreement, which cannot be more than 45 days. If there is no such written agreement, the section mandates that the payment shall be made within 15 days.

What is a 7 day payment term? ›

Term Definition

This means you expect payment immediately when the client receives your invoice. Payment is due seven days from the invoice date.

What is the new definition of MSME UPSC? ›

Micro enterprises: Investment, not more than 1 crore, and turnover of not more than 5 crore. Small enterprises: Investment, not more than 10 crores, and turnover of not more than 50 crores. Medium enterprises: Investment, not more than 20 crores, and turnover of not more than 100 crores.

What is the interest rate for MSME loans? ›

The MSME loan interest rate is significantly low and begins from 8.75% p.a. It helps small-scale companies improve their businesses. An MSME loan does not require pledging collateral.

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