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INVESTMENTS IN START-UP
Startups Scenario in India
590+
Districts with at
least one
recognised
startup
4.7 Lac
Jobs reported by
39,000+ startups
Rs 4,509 Crore
of investments made
in 384 startups
through the Fund of
Funds scheme
44%
of the recognised
startups have at least
one-woman director
30
States and
UTs have a
dedicated
startup
policy
41,317
Startups
recognised by
DPIIT
319
Eligible
startups have
been granted
exemption
under 80-IAC
of the IT Act
37+
Regulatory
reforms have
been
undertaken by
States and UTs
53,226
Orders
received by
startups with a
value of over
Rs 2,279 Crores
through GeM
portal
39
Regulatory
reforms enabled
with the help of
various Ministries
2.8 Lac
Users enrolled
in Startup
India L&D
program
Source: startupindia.gov.in (January 2016 – December 2020)
Startup India website homepage
Glimpses of Startup Website
Glimpses of Startup Website
Registration on Startup India as a New
User
Glimpses of Startup Website
Selection of the kind of user/ applicant
Tax benefits to startups
Definition of Startup
Must be a Private Limited Company/
LLP/ Registered Partnership Firm
Age should not be
more than 10 years
Turnover should not
exceed
INR 100 crores
Should develop / improve an innovative product
/ process / service or if its a scalable business
model, should have high potential of
employment generation or wealth creation
An entity formed by splitting up or
reconstruction of an existing business shall not
be considered a "Startup"
Get approval from DPIIT to be recognized as
‘eligible startup’
Startups and Tax Elements
Tax Holiday under section 80-IAC
Under Section 80-IAC of IT Act, Startup
can avail tax holiday for three consecutive
financial years out of its first ten years
since incorporation
Eligibility Criteria for applying to Income
Tax exemption:
• Entity should be a recognized Startup
by DPIIT
• Only private limited or a LLP is eligible
for tax exemption
• Startup should have been
incorporated after 1st April, 2016
Tax Exemption under section 56
Eligibility criteria for Tax Exemption under
section 56(2)(viib) of IT Act:
• Entity should be a DPIIT recognized
Startup
• Aggregate amount of paid-up share
capital and share premium of the
startup after the proposed issue of
share, if any, does not exceed INR 25
Crore
• Startups shall adhere to the end use
restrictions
Carry Forward of Losses
Provisions of Section 79 of IT Act, gets
triggered when there is change in
shareholding > 49%.
However, carry forward of losses in
respect of eligible start-ups allowed if all
shareholders who held shares carrying
voting power on the last day of the year
in which the loss was incurred continue to
hold shares till last day of previous year in
which such loss is to be carried forward
Therefore, restriction of holding of 51 % of
voting rights to be remaining unchanged
u/s 79 of IT Act has been relaxed in the
case of eligible startups
Startup Funding
Funding stages
Self Funding
# Initial
investment by
founder(s)
# Funding by way
of Equity or
Loans
1
Friends &
Relatives
# Funding by
way of Equity,
Loans or Gifts
# Tenure – 2 to
3 years
02
Angel Investor
# Individual or
Entities with
surplus cash
# Generally invests
in form of Equity
# Tenure – Min 5
years
03
Banks &
Financial
Institutions
# Term Loans
# Working
capital loans
04
VC/ AIF/ PE
# Funds to
accelerate
growth
# Funding by way
of Equity or
Loans
05
Public Market
# Expansion of
business by raising
funds from public
# Exit opportunity for
existing investors
# Listing
06
Fund Raise Cycle of Start-ups
Self, Friends
& Relatives
Funding
Angel
Funding /
Seed
Funding
Banks /
Financial
institutions
VC / AIF /
PE
IPO
Early Stage
Growth Stage
Expansion Stage
Start-up Financing Lifecycle
Fund raise process and documentation
Investor
Search
Preliminary
evaluation/
valuation
Execution of
Term Sheet
Finalization of Reps
and Warranties, CP
& CS and other
terms
Due Diligence
Execution of
Agreements
Investment/
Funding
Closing
Formalities
Confidentiality &
Non-Disclosure
Agreement
Non-
competition &
Non-solicitation
Agreement
IP
Assignment
Agreement
Share
Subscription
Agreement
Term Sheet/ LOI/
MOU
Shareholder
Agreement
All three are generally covered under SSA
Contact us
HYDERABAD DELHI
C- 699A, 1st Floor, Sector-7, Palam
Extn., Dwarka, New Delhi, Delhi
110075
CHENNAI
Old no 19, New no 13B, New
Bangaru colony first Street, KK
Nagar West, Chennai 600078
BANGALORE
90/1, 3rd Floor, Pasha South
Square, Rathavilas Road,
Basavangudi, Bangalore -
560004
MUMBAI
Flat no.3, Plot no.226/227, Sion
East, Mumbai - 400022
Vizag: Level 3, Kupilli Arcade, Akkayyapalem, Visakhapatnam 530016,
Andhra Pradesh
Vijayawada: # 56-11-3, Sri Devi Complex, Y.V.R Street, MG Road, Patamata, Vijayawada, Andhra
Pradesh
Tirupati: H. No: 6-154/1, Syamala Nilayam, Near Water Tank, Akkarampalli, Tirupathi, Andhra Pradesh
Kurnool: #21, Top Floor, Skandanshi Vyapaar, New Bus Stand Road, Kurnool 518 003, Andhra
Pradesh
UAE Address: 2103, Bayswater Tower, Business Bay, Dubai,
UAE
USA Address: SBC LLC, 8 The Green, Suite A in the City
of Dover, Delaware - 19901
Suite 5, Level 3, Reliance Cyber
Ville,, Madhapur, Hitech City,
Hyderabad – 500081
Thank You
w w w. steadfastcon sul tan ts. in
SBC refers to one or more of Steadfast Business Consulting LLP (LLPIN: AAL-1503), a Hyderabad based Limited Liability Partnership, and its network of member firms, branches and affiliates. SBC provides tax, consulting, audit and financial advisory
services to clients within and beyond borders spanning multiple industries. With local connect and expertise put together with global outlook and capabilities, SBC believes in providing holistic solutions to clients tailored to meet business objectives and
address most complex challenges and at the same time be robust, scalable and sustainable from a tax, legal and regulatory standpoint.

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Transaction Tax - Startups - Regulatory Compliances.pdf

  • 2. Startups Scenario in India 590+ Districts with at least one recognised startup 4.7 Lac Jobs reported by 39,000+ startups Rs 4,509 Crore of investments made in 384 startups through the Fund of Funds scheme 44% of the recognised startups have at least one-woman director 30 States and UTs have a dedicated startup policy 41,317 Startups recognised by DPIIT 319 Eligible startups have been granted exemption under 80-IAC of the IT Act 37+ Regulatory reforms have been undertaken by States and UTs 53,226 Orders received by startups with a value of over Rs 2,279 Crores through GeM portal 39 Regulatory reforms enabled with the help of various Ministries 2.8 Lac Users enrolled in Startup India L&D program Source: startupindia.gov.in (January 2016 – December 2020)
  • 3. Startup India website homepage Glimpses of Startup Website
  • 4. Glimpses of Startup Website Registration on Startup India as a New User
  • 5. Glimpses of Startup Website Selection of the kind of user/ applicant
  • 6. Tax benefits to startups
  • 7. Definition of Startup Must be a Private Limited Company/ LLP/ Registered Partnership Firm Age should not be more than 10 years Turnover should not exceed INR 100 crores Should develop / improve an innovative product / process / service or if its a scalable business model, should have high potential of employment generation or wealth creation An entity formed by splitting up or reconstruction of an existing business shall not be considered a "Startup" Get approval from DPIIT to be recognized as ‘eligible startup’
  • 8. Startups and Tax Elements Tax Holiday under section 80-IAC Under Section 80-IAC of IT Act, Startup can avail tax holiday for three consecutive financial years out of its first ten years since incorporation Eligibility Criteria for applying to Income Tax exemption: • Entity should be a recognized Startup by DPIIT • Only private limited or a LLP is eligible for tax exemption • Startup should have been incorporated after 1st April, 2016 Tax Exemption under section 56 Eligibility criteria for Tax Exemption under section 56(2)(viib) of IT Act: • Entity should be a DPIIT recognized Startup • Aggregate amount of paid-up share capital and share premium of the startup after the proposed issue of share, if any, does not exceed INR 25 Crore • Startups shall adhere to the end use restrictions Carry Forward of Losses Provisions of Section 79 of IT Act, gets triggered when there is change in shareholding > 49%. However, carry forward of losses in respect of eligible start-ups allowed if all shareholders who held shares carrying voting power on the last day of the year in which the loss was incurred continue to hold shares till last day of previous year in which such loss is to be carried forward Therefore, restriction of holding of 51 % of voting rights to be remaining unchanged u/s 79 of IT Act has been relaxed in the case of eligible startups
  • 10. Funding stages Self Funding # Initial investment by founder(s) # Funding by way of Equity or Loans 1 Friends & Relatives # Funding by way of Equity, Loans or Gifts # Tenure – 2 to 3 years 02 Angel Investor # Individual or Entities with surplus cash # Generally invests in form of Equity # Tenure – Min 5 years 03 Banks & Financial Institutions # Term Loans # Working capital loans 04 VC/ AIF/ PE # Funds to accelerate growth # Funding by way of Equity or Loans 05 Public Market # Expansion of business by raising funds from public # Exit opportunity for existing investors # Listing 06 Fund Raise Cycle of Start-ups Self, Friends & Relatives Funding Angel Funding / Seed Funding Banks / Financial institutions VC / AIF / PE IPO Early Stage Growth Stage Expansion Stage Start-up Financing Lifecycle
  • 11. Fund raise process and documentation Investor Search Preliminary evaluation/ valuation Execution of Term Sheet Finalization of Reps and Warranties, CP & CS and other terms Due Diligence Execution of Agreements Investment/ Funding Closing Formalities Confidentiality & Non-Disclosure Agreement Non- competition & Non-solicitation Agreement IP Assignment Agreement Share Subscription Agreement Term Sheet/ LOI/ MOU Shareholder Agreement All three are generally covered under SSA
  • 12. Contact us HYDERABAD DELHI C- 699A, 1st Floor, Sector-7, Palam Extn., Dwarka, New Delhi, Delhi 110075 CHENNAI Old no 19, New no 13B, New Bangaru colony first Street, KK Nagar West, Chennai 600078 BANGALORE 90/1, 3rd Floor, Pasha South Square, Rathavilas Road, Basavangudi, Bangalore - 560004 MUMBAI Flat no.3, Plot no.226/227, Sion East, Mumbai - 400022 Vizag: Level 3, Kupilli Arcade, Akkayyapalem, Visakhapatnam 530016, Andhra Pradesh Vijayawada: # 56-11-3, Sri Devi Complex, Y.V.R Street, MG Road, Patamata, Vijayawada, Andhra Pradesh Tirupati: H. No: 6-154/1, Syamala Nilayam, Near Water Tank, Akkarampalli, Tirupathi, Andhra Pradesh Kurnool: #21, Top Floor, Skandanshi Vyapaar, New Bus Stand Road, Kurnool 518 003, Andhra Pradesh UAE Address: 2103, Bayswater Tower, Business Bay, Dubai, UAE USA Address: SBC LLC, 8 The Green, Suite A in the City of Dover, Delaware - 19901 Suite 5, Level 3, Reliance Cyber Ville,, Madhapur, Hitech City, Hyderabad – 500081
  • 13. Thank You w w w. steadfastcon sul tan ts. in SBC refers to one or more of Steadfast Business Consulting LLP (LLPIN: AAL-1503), a Hyderabad based Limited Liability Partnership, and its network of member firms, branches and affiliates. SBC provides tax, consulting, audit and financial advisory services to clients within and beyond borders spanning multiple industries. With local connect and expertise put together with global outlook and capabilities, SBC believes in providing holistic solutions to clients tailored to meet business objectives and address most complex challenges and at the same time be robust, scalable and sustainable from a tax, legal and regulatory standpoint.