Which legal structure is best for my new business?
The legal structure you choose will have an impact on how much tax you pay and determine how much control and responsibility you have over the business and company profits.
You should consider the following factors when it comes to the UK tax system:
- Are you starting a business on your own or with others?
- What is the level of personal financial risk you’re comfortable with?
- Which option will mean you pay less tax and take home more?
- How much financial admin do you want?
- What will potential customers, investors or funders think?
Sole trader (or self-employed)
If you’re starting a business by yourself, you can register with HMRC as a sole trader. It’s the most common choice (60% of UK small businesses are sole traders). Becoming a sole trader is quick and easy, and there’s less tax admin and associated costs. However, you’ll be personally liable for business debts and pay relatively more tax.
Limited company
You could register your new business at Companies House as a private limited company. Because a limited company is a separate legal entity, you won’t be personally liable for company debts. And your tax bills will be relatively lower, as taking out money via shareholder dividends is usually more tax-efficient way than paying yourself a high salarly. However, the accounting and tax admin will be more complex, time-consuming and costly.
Ordinary partnership
If you want to go into business with other people, you could register an ordinary partnership with HMRC. About 8% of UK small businesses are ordinary partnerships, with partners sharing risk, responsibility, business asset ownership, profits or losses. However, if the business fails and your partners cannot pay their share of any losses, you’ll have to pay them, as well as your own share.
Limited liability partnership
Although the tax and financial admin will be more complex than an ordinary partnership and formation isn’t as simple, registering a limited liability partnership (LLP) with Companies House provides protection from the personal financial liability you have when a member of an ordinary partnership.
Other options
Some people set up social enterprises, which are businesses that sell their goods and services in the open market, but invest profit into community causes. A community interest company is a special type of limited company set up to benefit the community rather than private shareholders.
Sole trader (or self-employed)
If you’re starting a business by yourself, you can register with HMRC as a sole trader. It’s the most common choice (60% of UK small businesses are sole traders). Becoming a sole trader is quick and easy, and there’s less tax admin and associated costs. However, you’ll be personally liable for business debts and pay relatively more tax.
Limited company
You could register your new business at Companies House as a private limited company. Because a limited company is a separate legal entity, you won’t be personally liable for company debts. And your tax bills will be relatively lower, as taking out money via shareholder dividends is usually more tax-efficient way than paying yourself a high salarly. However, the accounting and tax admin will be more complex, time-consuming and costly.
Ordinary partnership
If you want to go into business with other people, you could register an ordinary partnership with HMRC. About 8% of UK small businesses are ordinary partnerships, with partners sharing risk, responsibility, business asset ownership, profits or losses. However, if the business fails and your partners cannot pay their share of any losses, you’ll have to pay them, as well as your own share.
Limited liability partnership
Although the tax and financial admin will be more complex than an ordinary partnership and formation isn’t as simple, registering a limited liability partnership (LLP) with Companies House provides protection from the personal financial liability you have when a member of an ordinary partnership.
Other options
Some people set up social enterprises, which are businesses that sell their goods and services in the open market, but invest profit into community causes. A community interest company is a special type of limited company set up to benefit the community rather than private shareholders.