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Company Law

Tax Guide

What is a private limited company and how is it different from an LLP?

Key mapping

A private limited company is incorporated under the Companies Act 2013 — has shareholders, a board of directors, and limited liability. An LLP is under the LLP Act 2008 — partners have limited liability but there is no share capital. LLPs have lighter compliance.

Explanation

Private limited company (Pvt Ltd): Minimum 2 shareholders, maximum 200. Governed by Companies Act 2013. Has share capital, a board of directors, and mandatory annual compliance (AOC-4, MGT-7, statutory audit). Subject to heavy disclosure requirements. LLP (Limited Liability Partnership): Minimum 2 partners. Governed by LLP Act 2008. No share capital — partners contribute to LLP capital. Lighter compliance (Form 8, Form 11, audit only if turnover > ₹40L). No restriction on maximum partners. Tax rate differs: LLP pays tax at flat 30% + surcharge + cess (similar to firms); company pays 22% (existing) or 15% (new manufacturing) corporate tax. Choose based on: number of members, governance needs, investment/funding plans, and tax efficiency.

Related terms and sections

private limitedLLPCompanies ActLLP Actshareholderspartnerslimited liabilitycomparison

Use this in practice

Company Incorporation →

Related sections

IT Act 2025 Section Mapper →

All section references are sourced from the Income Tax Act 2025 (official gazette, incometaxindia.gov.in) and cross-referenced against CBDT's comparative statement. Always verify on the official portal before filing. This page is for reference only and does not constitute legal or tax advice.