How to Structure Your Business

Written by AMK Law

November 27, 2020

Understanding Business Structures: Sole Trader, Partnership, Company, and Trust

This article aims to provide essential information and clarity about the four common business structures – sole trader, partnership, company, and trust – to guide new business owners in their decision-making process.If you’re contemplating starting a new venture, one of the first crucial decisions you’ll face is choosing a suitable business structure. This decision will significantly impact various aspects of your business, from taxation to liability and even day-to-day operations. 

Sole Trader: Simplicity and Full Control

A sole trader is the simplest form of business structure, often favoured by small businesses and individual contractors. It involves a single person who manages all aspects of the business. Sole traders enjoy low setup costs and flexibility to switch to another business structure if their needs evolve. However, they face unlimited personal liability for any debts or losses. Moreover, profits from a sole trader structure are considered personal income, attracting a higher tax rate than corporate entities.

Partnerships: Collaborative Ventures

Partnerships bring together two or more people or companies to operate a business. The formation of a partnership can be an informal agreement or a formal arrangement with a signed Partnership Agreement. Partnerships entail minimal setup costs and reporting requirements. However, they also expose partners to high risk as each partner is jointly and severally liable for the partnership’s debts.

Company: A Separate Legal Entity

A company, registered with the Australian Securities and Investments Commission (“ASIC”), is viewed as a separate legal entity. This structure limits liability to the company’s shares and attracts a lower tax rate on profits. However, it involves more paperwork and reporting requirements.

Trust: Complex but Flexible

A trust structure involves a trustee owning property and assets on behalf of the beneficiaries. While this structure can be complex and expensive to set up, it provides flexibility in distributing profits and may offer tax advantages.

Conclusion: Choosing the Right Business Structure

The right business structure for you depends on various factors, including your business objectives, risk tolerance, and financial capabilities. Ensure to seek professional legal advice tailored to your unique circumstances before making a decision. If you have questions or need further guidance, please contact us.

 

Important disclaimer: The material contained in this publication is of a general nature only and it is not, nor is intended to be, legal advice. This publication is based on the law as it was prior to the date of your reading of it. If you wish to take any action based on the content of this publication, we recommend that you seek professional legal advice.

AMK Law acknowledges the Traditional Owners of the land on which we are fortunate to live and work. We pay our respects to Elders, both past and present and further acknowledge the important role that Indigenous people continue to play within our communities.

 

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