- When starting a business, one of the crucial decisions you need to make is choosing the right legal structure. The most common options are a limited company, limited liability partnership (LLP), partnership or operating as a sole trader. Each structure has its own advantages and considerations, depending on factors such as liability, taxation and flexibility. In this blog, we will explore these business structures to help you determine which one is best suited for your entrepreneurial journey.
1. Limited Company
A limited company is a separate legal entity from its owners, offering limited liability protection. Key considerations include:
– Limited Liability: Shareholders’ liability is limited to the amount they have invested in the company, protecting personal assets.
– Tax Efficiency: Limited companies often have more flexibility in managing tax liabilities, with options for dividends and tax planning strategies.
– Credibility and Perception: A limited company may be perceived as more established and trustworthy, potentially attracting investors and clients.
– Administrative Requirements: Limited companies have more administrative responsibilities, such as filing annual accounts and maintaining statutory records.
2. Limited Liability Partnership (LLP)
An LLP combines elements of a traditional partnership and a limited company. Key considerations include:
– Limited Liability: Similar to a limited company, partners’ liability is limited to their investment in the LLP, protecting personal assets.
– Flexibility: LLPs offer flexibility in terms of management structure and profit distribution among partners.
– Taxation: LLPs are treated as transparent for tax purposes, meaning partners are individually taxed on their share of profits.
– Legal Obligations: LLPs have certain legal obligations, including filing annual accounts and maintaining statutory records.
3. Partnership
A partnership is a business structure where two or more individuals share profits, losses, and responsibilities. Key considerations include:
– Shared Liability: Partners have joint and several liability, meaning they are personally responsible for the partnership’s debts and obligations.
– Flexibility: Partnerships offer flexibility in terms of decision-making, profit distribution, and management structure.
– Taxation: Partners are individually taxed on their share of profits, and the partnership itself does not pay tax.
– Informality: Partnerships are relatively easy to set up and have fewer legal formalities compared to limited companies or LLPs.
4. Sole Trader
Operating as a sole trader means running a business as an individual without a separate legal entity. Key considerations include:
– Simplicity: Setting up as a sole trader is straightforward, with minimal legal formalities and administrative requirements.
– Personal Liability: As a sole trader, you are personally liable for all business debts and obligations, which can impact personal assets.
– Taxation: Sole traders are taxed on their business profits as part of their personal income tax.
– Control and Flexibility: Sole traders have complete control over decision-making and profit distribution.
Choosing the right business structure depends on various factors, including liability, taxation, flexibility, and administrative requirements. Whilst, as lawyers, we do not offer tax and financial advice, we work closely with accountants and financial advisors who will be able to assist. Limited companies and LLPs offer limited liability protection, tax efficiency, and credibility, but come with more administrative responsibilities. Partnerships provide flexibility and shared decision-making but involve joint and several liability. Sole traders offer simplicity and control but lack limited liability protection. Consider consulting with legal and financial professionals to assess your specific needs and make an informed decision that aligns with your business goals and circumstances. Remember, the chosen structure can be changed as your business evolves, so it’s important to regularly review and adapt as necessary.
Are you starting out on a new business venture and are looking for a lawyer to assist you? Why not give one of Alexander JLO’s expert commercial lawyers a call on 020 75377000 or email peter@london-law.co.uk for a free, no obligation consultation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd September 2023 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here