Essential Compliance for Indian Startups

Navigating the regulatory landscape in India can be daunting for new founders. From the day of incorporation, your startup enters a cycle of mandatory filings across multiple regulators — MCA, GST department, Income Tax, RBI, and EPFO. Missing deadlines doesn't just attract penalties; it can block DPIIT recognition, delay fundraising due diligence, and create liabilities that haunt you at Series A.

This guide covers the core compliance obligations every Indian startup must track from day one.

1. MCA (Ministry of Corporate Affairs) Filings

Every Private Limited Company and LLP must file annual forms with the Registrar of Companies (RoC):

• AOC-4 — Financial statements (within 30 days of AGM, typically by October 29)
• MGT-7 — Annual return (within 60 days of AGM, typically by November 29)
• DIR-3 KYC — Annual KYC for all directors (by September 30 each year)
• ADT-1 — Appointment of statutory auditor (within 15 days of AGM)

Missing AOC-4 or MGT-7 attracts a penalty of ₹100 per day per form, with no cap. For startups that haven't filed for 2–3 years, accumulated penalties can cross ₹10–15 lakh before they realise it.

2. GST Compliance

If your turnover exceeds ₹40 lakh (₹20 lakh for services), GST registration is mandatory. Once registered, you must file:

• GSTR-1 — Monthly (11th of next month) or quarterly outward supply return
• GSTR-3B — Monthly summary return with tax payment (20th of next month)
• GSTR-9 — Annual return (December 31 each year)

Startups on the QRMP scheme file GSTR-1 quarterly but must pay tax monthly via PMT-06. Input tax credit (ITC) mismatches between your GSTR-2B and books are a common audit trigger — reconcile monthly, not annually.

3. Income Tax & Advance Tax

Startups must pay advance tax if their estimated tax liability for the year exceeds ₹10,000:

• 15% by June 15
• 45% by September 15
• 75% by December 15
• 100% by March 15

DPIIT-recognised startups can claim a 100% tax deduction on profits under Section 80-IAC for any 3 consecutive years within the first 10 years of incorporation — but only if an Inter-Ministerial Board (IMB) certificate is obtained. Missing the ITR deadline disqualifies you from certain deductions.

4. TDS (Tax Deducted at Source)

If your startup pays salary, rent, contractor fees, or professional charges, you must deduct TDS and deposit it by the 7th of the following month. Quarterly TDS returns (Form 26Q, 24Q) are due within 31 days of quarter end. Errors in TDS — wrong PAN, wrong section, short deduction — result in notices and interest under Section 201.

5. FEMA & Foreign Investment Reporting

If you've raised angel or VC funding from foreign investors, FEMA reporting is non-negotiable:

• FC-GPR — Filed within 30 days of allotment of shares to a foreign investor
• Annual Return on Foreign Liabilities and Assets (FLA) — Filed by July 15 each year if you have foreign investment on your balance sheet
• FC-TRS — Required when shares transfer between a resident and non-resident

Late FC-GPR filing attracts compounding penalties from RBI, which can run to 3× the amount of foreign investment received. Many startups discover this gap during Series A due diligence — an expensive surprise.

6. ESOP Compliance

Startups issuing ESOPs under a registered scheme must file a return with the RoC (PAS-3) when options are exercised and shares are allotted. TDS applies at exercise (perquisite income) and at sale (capital gains), with different rates depending on whether the startup has DPIIT recognition.

Common Mistakes to Avoid

• Not appointing a statutory auditor within 30 days of incorporation
• Skipping GST registration because "revenue is low" — registration is mandatory above threshold regardless of profitability
• Not filing nil returns — even months with zero activity require a GSTR-3B filing
• Missing FLA return — routinely forgotten by early-stage startups with foreign seed investment
• Not maintaining a statutory register of members, directors, and charges

Building a compliance calendar from day one — and assigning ownership of each deadline — costs far less than the penalties and advisory fees of cleaning up a backlog before fundraising.