Question 4 :
(A)As your accountant I have to let you know that deciding on the appropriate business formation is very important. There are a number of things you should consider when making the decision, such as your future plans for growth were you intend to have a chain of shops in the Midlands and then expand across to UK and your current profit margins. Also there is commercial and legal consideration which might impact on your business for the years to come. We have to weigh the pros and cons of being a Private limited company versus a partnership. I will try to help clarify things and explain any areas of confusion and we will discuss those advantages and disadvantages in order to make the best decision possible with your interests
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Partners are joint and severally liable for partnership debts. Thus if one partner engages in an activity which results in large debts, all partners, regardless of whether or not they had prior knowledge of the activities would be equally liable to make good any shortfall in funds from their personal assets. A private limited company is a legal entity, the company’s finances are separate from its owner’s finances.(case Salomon v Salomon & Co) .One further difference between a partnership and a limited company is the way in which each is taxed. A company pays tax on its profits and directors are taxed on what they receive in remuneration from the company, are subject to lower corporation tax .A partnership on the other hand is not taxed in its own right as a company is (a partnership is not a separate legal person). Instead each of the partners is taxed on their share of the profit. At the end a private limited company must keep accurate records and usually deliver accounts to the Register while in partnership partners do not have to send their accounts.
Forming a partnership seems like the most logical option for your business. Sammy you have a common business idea with Nikki that you wish to put to the test. Your skills and talents compliment each others in such a way that I believe you will make a good business team. Partnership is a
The benefits of Partnership Company are that business is anything but difficult to build up and start-up expenses are low. There is more capital accessible for the business. Workers that are of high-bore are made accomplices. The burdens are that the obligation of the accomplices for the obligations of the business is boundless . There is additionally danger of differences and contact among accomplices and administration. Every accomplice is an agent of the partnership and is at risk for activities by different accomplices. This means that it brothers choose this type, they will be responsible for each other’s action irrespective of the fact whether they like it or
Some of the benefits of a Limited Liability Company are that as a Limited Liability Company it limits the owner of personal liability for business actions. The members are liable, but normally just to the amount of their share in the business. Their individual assets are not considered for resolving business debts. The fact that your personal assets are protected is a great benefit. Whereas, operating under a partnership all members are individually accountable for the company’s debt. In comparing the differences between a
When it comes to partnerships Alex, Bill, Carl, and Devon will have two options- a general partnership or a limited partnership. Partnerships are beginning to be a business form of the past. Once upon a time, partnerships were “the default form of business and provided the benefit of pass-through taxation, but lacked the important feature of limited liability” (Chrisman, 2010, p. 465). In a general partnership, each partner associated with the entity will be held liable for their own business decisions as well as
Proprietorships have three advantages: they are easy and inexpensive to form, subject to few regulations, and no corporate income taxes. The disadvantages are difficult to raise capital, unlimited liability and limited life. Partnership are similar to proprietorships in that they can be stablished relatively easily and inexpensively. The partners are generally subject to unlimited personal liability, this makes it difficult for partnerships to raise large amount of capital. Corporation also have unlimited lives, and easy transfer of ownership, limited liability and ease of raising capital to operate larger businesses. The disadvantages are double taxation, the corporation’s earnings are taxed; and then when its after-tax earnings are paid out as dividends, those earnings are taxed again as personal income to the stockholders. Limited liability reduces the risks endure by investors; and other things held constant, the lower the firm’s risk, the higher its
First I had to decide what business entity would be best for my business? My initial thought was to create a sole proprietorship. However, based on some initial research, I realize immediately that this type of business will take a team to be successful. In addition, I was not interested in my business being taxed as personal income, and I was not interested in assuming all liabilities if I were to be sued. The next thought, was to create a partnership with someone who would have the same interest in the business that I have. This individual would assist in investing, deciding which location would be best for our business, and also to bring additional skillsets to the business. Again, the only down fall for this type of business entity would that I would be personally liable for any decision my business partner makes, and that my personal assets would be at risk. After reviewing these two business entities and
Your current ownership structure is a partnership with Sue, together running your business, Outdoor Adventures. A partnership is a group of persons carrying on a business with a view to profit. In order for your business, Outdoor adventure, to continue operations, ultimately it needs to make a profit. Running at a loss will make it impossible to continue operations. From previous statements, it read 3 years ago, that you were looking to expand/increase the capital for the business. An advantage of a partnership does consist of being able to generate more capital than a sole proprietor so that a sole proprietor business that has reached the limit of its owner 's ability to fund its future can continue operations with the injection of additional capital from a partner who will share the risks and rewards of the business. Outdoors Adventures will also benefit from Sue entering the business, as she will bring different skills and ideas, steering the business in many differing paths allowing it to grow in more areas. She now can allow you to specialize in different parts of your business as she now takes on some responsibilities for example on the Zip Wires in particular. However, partnerships do have many
Considering, small amount or lack of sufficient fund with my client, I will like to advise him that sole proprietorship business might not be good and appropriate and thus, I Would like to suggest him to form a partnership business. As we know that Businesses operating as an Sole proprietorship business is beneficial for the full control over the business structures such as in management, decision making etc, but in this scenario It seems that as per the clent funds its not well worth for
Taking the owners backgrounds into consideration, a limited liability company would be a better idea. When forming a limited liability company, they would have to file an article of organization with the secretary of state but the company would still be structured as a partnership. Main advantage would be that the owners are not personally liable
In British Columbia, there are three forms of partnership that may be entered into, namely: general partnerships, limited partnerships, and limited liability partnerships. For today’s purposes, I will focus on the limited partnership, which is less commonly used than the corporation
Liability - Limited partnerships have both general and limited partners. A limited partner has little accountability for the debts incurred by the partnership. At most the limited partner can only lose the amount they have invested, and cannot run the business
Firstly, even though there are different types of partnership such as general, limited and limited liability partnership. This three different type has its advantages and disadvantages however we will be mainly focused on general partnership. One advantage of the general partnership is raising capital due to the nature of the business the partners will raise capital to start-up the business. Therefore more partners mean more capital can be put to the business, this allows the business to have more potential for growth and profitability. Another advantage is that a partnership is less complicated to form and run than a company they don’t have legal filing requirements, this means they don’t have to file accounts and documents with Companies House.
A common perception among people is that by registering their business as Private Limited Company their business is going to progress very rapidly as compare to any other business. The perception in simpler words is completely wrong.
1-1 a. A proprietorship, or sole proprietorship, is a business owned by one individual. A partnership exists when two or more persons associate to conduct a business. In contrast, a corporation is a legal entity created by a state. The corporation is separate and distinct from its owners and managers. b. In a limited partnership, limited partners’ liabilities, investment returns and control are limited, while general partners have unlimited liability and control. A limited liability partnership (LLP), sometimes called a limited liability company (LLC), combines the limited liability advantage of a corporation with the tax
A partnership is the relation which exists between persons carrying on a business in common with a view of profit.
The type of ownership for the business will be a partnership. This is the most obvious choice as there are two people involved, my business partner and me. A partnership can involve between two and twenty partners allowing for further expansion and more financial backing if needed. The partnership would be owned in a ratio of 60:40, me owning 60%. This means we would share the cash input and profits and losses in this ratio, which is bad in the short-term for me, but hopefully good in the long-term. A partnership brings additional expertise from all the partners. A formal partnership agreement would have to be drawn up to settle any disputes. The problems with a partnership are that there is unlimited