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Published byRoss Byrd Modified over 8 years ago
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Yvette Bender
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Sole Proprietor Partnership Company Trust
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A sole trader is an individual who runs the business without partners or a company structure. The sole trader has full control of the business including ownership of all profits and responsibility for all debts and
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Advantages Simple structure You are your business and make all decisions Inexpensive to establish and operate Least reporting requirements Your losses may be offset against any other income or future earning (over a set amount) Disadvantages You are your business – business operates only if you work You are personally liable for all business debt You continue to pay tax at personal income tax rates Fewer options to raise finances may limit your business
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SOLE TRADER Registers an ABN Can choose to register for GST and pay quarterly End Of Year Individual declares Income - Expenses = Profit to ATO Tax Paid on Profit only
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A partnership involves two or more co-owners participating together in a business. A partner may be an individual or a company and each partner shares in the responsibility and profits of the business. It isn’t a legal requirement but it is prudent to draw up a partnership agreement. In the absence of this, the law will assume that each partner has an equal share in the business. It is advisable to have a solicitor prepare the partnership agreement
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Advantages Inexpensive to establish and operate Ability to spilt income on level of ownership Responsibility of the business is shared Ability to raise finance for the business is enhanced Capital losses may be offset by other non-business capital gains derived by the individual owners Disadvantages Each partner is fully liable for the full debts of the partnership There is limited flexibility in distributing profits from property Any profit made by the business is split into shares for each partner; therefore rendering a credit viable sum of money into a possibly non-credit viable sum NOTE: If the partnership does not have a Partnership Agreement a court will assume the split was an even share. In the case of a two person partnership - 50% each. A Partnership Agreement is a legal binding document. (it is advisable to have a solicitor to draw it up but does not have to be written by a solicitor or a lawyer so long as it has been signed by both parties and witnessed by a neutral person.
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PARTNERSHIP End Of Year Partner 1 -50 %Partner 2 - 50% Partners split all profits from the year’s turnover and pay personal tax on each share – regardless of the amount of their yearly drawings If Partner 2 has a share of 50% of a $40,000 profit then they have to pay tax on $20,000 ie. 50% of $40,000 Even if their drawings were only $15,000 Partner 1 may have income from other sources, therefore income from all sources must be added together and tax paid on the total = Gross Taxable Income Registers an ABN / GST paid quarterly Registers a Tax File Number Partnership does NOT Pay Tax Partnership declares Income - Expenses = Profit to ATO with the % split to each partner
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A business may operate as a separate legal entity in the form of a company. This is a more complex form of business structure governed by Corporation Law, which covers how a company operates and the duties of the directors. A business with a proprietary limited company structure is considered as a separate entity from the people running the business. A company structure requires at least one director and one shareholder/member to be appointed. The shareholder(s) provides finance to the company, while the director(s) has serious responsibilities to operate the business according to Corporation Law.
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Advantages The company is a separate legal entity, which may enter into agreements, can be sued, can sue others Retained profits are taxed at the company income tax rate Ease in attaining ownership in the company by acquiring shares Ease of ownership change Continuity of the company’s existence – not dependent on the owners Disadvantages Set up, administrative and operating costs are high Increased statutory requirements, for taxation and Corporation Law Revenue and capital losses must be retained by the company – cannot offset owners’ incomes
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Individual declares income to ATO pays Income Tax PTY LTD COMPANY Purchase a shelf company Set up directorship You become an employee of the company Company liable for employee entitlements ie: wages, PAYG, super, workers comp End Of Year Company declares Income - Expenses = Profit to ATO pays Company Tax on Profit Only
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Is only valid for the state it is registered in Period of registration is 3 years Certificate must be displayed Registered name must appear on all stationery Trade Marks are Australia wide and overrule Business Name Registrations
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Trade Practices Act Anticompetitive practices Unconscionable conduct Unfair practices ▪ Product safety ▪ Conditions and warranties Equal Opportunity Occupational Health and Safety
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