What is Difference between BOI and AOP ?

 What is Difference between BOI and AOP ?
Written by Ved Mittal

BOI (Body of Individuals) and AOP (Association of Persons) are two different terms used in Indian income tax law. They represent different types of entities for tax purposes.

Here how they are different:

1. Composition:

- BOI: A BOI refers to a group of individuals or persons who come together for a common purpose or objective, other than earning profits. This can include entities like Hindu Undivided Families (HUFs), trusts, or any other group of individuals not engaged in business or commercial activities for profit.


- AOP: An AOP refers to a group of individuals or entities who come together for a joint venture or to carry out an activity with the objective of earning profits. This can include partnerships, joint ventures, or any other association formed for a business purpose.

2. Purpose:


- BOI: The primary purpose of a BOI is not necessarily profit-oriented. It could be for religious, charitable, or other non-profit objectives. For example, a trust formed for charitable purposes could be classified as a BOI.


- AOP: AOPs are specifically formed with the intention of earning profits through business activities or joint ventures. This can include partnerships engaged in commercial activities, joint ventures formed for specific projects, or any other association formed with a profit motive.


3. Taxation:

- BOI: The income of a BOI is taxed in the hands of its members or beneficiaries, according to their respective shares. Each member is taxed individually based on their income from the BOI.


- AOP: AOPs are taxed as separate entities, similar to companies or firms. They are subject to tax on their total income at applicable rates. However, AOPs are not eligible for certain tax benefits available to firms or corporations.


4. Registration:


1.  BOIs usually dont have to register separately for income tax. Instead, the income of the BOI is usually assessed with its members or beneficiaries.


2.  AOPs may have to register separately for income tax, especially if they are involved in business activities. Registering helps them get a separate PAN (Permanent Account Number) and meet tax filing
obligations.

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