When starting a business, choosing the right structure is pivotal.
Depending on your current and future needs this can be influenced by your business goals, the amount of control you want or the industry standards.
This is the simplest form of a business structure, where one individual owns and operates the business. It offers full control but also exposes the owner to personal liability for debts and obligations.
Simplicity: Easy and inexpensive to set up and manage with minimal regulatory requirements.
Full Control: The sole trader has complete control over business decisions and operations.
Low Compliance Costs: Less paperwork and fewer compliance costs compared to other structures.
Unlimited Liability: The sole trader is personally liable for all business debts and obligations, which can risk personal assets.
Limited Capital: Raising capital can be more challenging since it relies solely on the owner’s resources or loans.
Sole Responsibility: All business decisions and responsibilities rest with the sole trader, which can be overwhelming.
Work/Life Balance: It is difficult to switch off from work, have annual leave and not be on call 24/7
An example of a sole trader would be a freelance graphic designer.
As a sole trader, the designer has complete control over their projects, client relationships, and pricing.
This structure allows for flexibility in working hours and the ability to take on diverse projects.
The graphic designer benefits from lower startup costs and simpler tax reporting, as they report their income on their personal tax return.
In a partnership, two or more individuals share ownership and management responsibilities. This structure allows for pooled resources and expertise, but partners also share liability for business debts.
Shared Responsibility: Responsibilities and liabilities are shared between partners, reducing individual burden.
Combined Expertise: Partners can bring different skills and expertise, enhancing business operations.
Flexibility: Partnerships can be flexible in terms of decision-making and profit distribution.
Simple Setup: Relatively easy and inexpensive to establish compared to a company.
Joint Liability: Partners are jointly liable for business debts and obligations, risking personal assets.
Potential Conflicts: Disagreements between partners can arise, which may impact business operations.
Shared Profits: Profits must be shared according to the partnership agreement, which may not always be equitable.
An example of a partnership would be between two individuals who look to develop a property together.
One is a carpenter and the other a plumber by trade.
They decide to go into business together to combine their skills and work together with the goal of making a profit.
Once the project is complete, depending on the arrangement, the profits may be split 50/50.
Generally, partnerships are created with the purpose of striving towards a common goal.
A trust is a legal arrangement where a trustee holds and manages assets for the benefit of members, known as beneficiaries. This can come in many forms, but the most common trust is a discretionary trust.
Tax Flexibility: Income can be distributed among beneficiaries in a way that minimises overall tax liability.
Limited Liability: The trust structure can limit personal liability for business debts, depending on the trust’s setup.
Complexity: Trusts can be complex to set up and manage, often requiring professional advice and ongoing administration.
Cost: Establishing and maintaining a trust can be expensive due to legal and administrative fees.
Regulations: Trusts are subject to specific legal and tax regulations, which can add to the compliance burden.
An example of a trust would be a family run business.
The overall profit at the end of the year can be distributed to each family member evenly, minimising the tax paid.
The assets are held by the trustee so in the unfortunate event of a beneficiary passing away, the business can continue as normal.
Trusts are effective in being able to distribute income to other family members, rather than have the income directed to one individual.
A company is a separate legal entity that protects its owners (shareholders) from personal liability. While it offers benefits like limited liability and easier access to capital, it involves more regulatory requirements and financial reporting.
Limited Liability: Shareholders have limited liability, protecting personal assets from business debts and obligations.
Credibility: Companies often enjoy greater credibility and can be more attractive to investors and lenders.
Tax Benefits: Companies may benefit from lower corporate tax rates and various tax planning opportunities.
Raising Capital: Easier to raise capital through the sale of shares or other investment mechanisms.
Complexity: More complex to set up and operate, with extensive regulatory requirements and compliance obligations.
Higher Costs: Greater costs for registration, legal fees, accounting, and ongoing compliance.
Less Control: Decision-making is shared among directors and shareholders, which may dilute control.
An example of a company would be your local pizza shop.
Operating as a private company, they enjoy the benefits of limited liability, safeguarding the owners' personal assets while facilitating easier access to capital for growth.
The shareholders may not work in the pizza shop but would have the benefit of being able to be paid a dividend from any profits.
A small business benefits from having a tax rate of a flat 25% which can end up lower than individual income tax especially if they have other income streams outside the business.
Each business structure has its own set of advantages and disadvantages, and the choice depends on factors such as liability, control, tax implications, and business goals.
Get in contact with the team at DS Financial Partners for more information or to see if the current structure you have is right for you going forward!