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SOLE TRADER
A sole trader is a trade that is owned
and controlled by one person. This is very attractive for those who
wish to retain ownership of the business. A "sole trader" is
described as a person trading under his / her own name, or a
registered business name. Many sole traders decide to operate under
their own name and do so without any problem. However, if you use a
name other than your surname, you must register the name in
accordance with the Registration of Business Names Act of 1963 for a
small registration fee.
Advantages of the Sole Trader
The sole trader is not required to file
accounts which would be available for inspection by the public.
Fewer legal formalities compared to other
structures.
The income from the business is personal
income and expenses which are incurred "wholly and exclusively" in
the course of the trade are allowable deductions.
Closure of the business requires less
formality.
Disadvantages of the Sole Trader
The owner is personally liable for all
debts of the business.
Raising capital can be more
difficult.
The life of the business depends entirely
on the owner.
LIMITED COMPANY
A limited company is a separate legal
entity. The owners are shareholders and its directors make decisions
on behalf of the company.
As a separate entity it has sole
responsibility for its debts. Its liabilities are limited to the
paid-up share capital, therefore the company is said to have
"limited liability". There are a number of exceptions to this, where
company debts become personal debts.
Advantages of a Limited Company
Limited liability - in general,
shareholders are only liable to lose the share capital they
subscribe.
Pension contributions can be made at the
Company's expense.
Raising finance can be less
difficult.
There can be many owners of the
business.
Disadvantages of a Limited Company
Limited liability may be neutralised as
lenders, in practice may seek personal guarantees.
Legislative requirements may be costly
and time consuming.
The need to prepare and file audited
accounts with the Companies Registration Office.
There are surcharges on undistibuted
investment incomes. |