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Can a proprietorship work from a co-working space?

By Akshay Biwal Updated

Yes. A proprietorship can carry on business from a co-working space, if the proprietor has a right to use that address. The desk is a place of business. It does not create a separate legal person, and the other occupants are not partners in the proprietorship.

What is the place of business?

The address where the proprietor works. A co-working operator rents desks to many people. Each person pays that operator. Sharing a printer or a meeting room does not merge the businesses. How a proprietorship is set up, and the fact that liability is unlimited, is on the proprietorship page.

Can it be the GST address?

It can be the principal place of business on a GST registration, where registration is required, if the documents show the right to use the premises. A rent or seat agreement, and a no-objection confirmation from the operator where the registration asks for one, are the usual papers. Registration thresholds do not change because the address is shared. Those thresholds are on the proprietorship GST page.

What does the desk not change?

It does not limit liability to the fee paid for the desk. The proprietor remains liable for the business debts. It does not replace a private limited company or an LLP. It does not, by itself, give a trade licence, a shop registration, or a GSTIN. Those depend on the activity and the State or the tax rule that applies.

Which papers show the right to use it?

The agreement with the operator, the period of use, and the address written in that agreement. Invoices, letterheads, and the GST registration, if any, should use that address only while the right to use it continues. When the seat ends, the address on the registration has to be changed. A company that later takes the same desk files its own registered office. That filing is INC-22, on the registered office page.

Frequently asked questions

Four questions cover incorporation, other occupants, a registered office, and the choice of structure.

Does taking a desk incorporate a company?

No. The proprietorship remains the individual. A company is a separate incorporation.

Do the other people in the room share the proprietor’s debts?

No. Each business is its own. Paying a fee to the space operator does not make the others partners.

Is a co-working address a registered office?

Only for a company or an LLP that is allowed to use it and files that address. A proprietorship has a place of business, not a registered office under the Companies Act.

Is a proprietorship the structure for every small business?

No. It is one structure. Liability is unlimited. A company or an LLP is a different choice, made on the facts.

Sources

A proprietorship is the individual who carries on the business. GST registration, where it is required, uses the principal place of business.

  1. GST portal, principal place of business