For some people starting a business in Australia, deciding whether to set up as a sole trader or establish a company can be pretty daunting. How do you really know which option is best for you? It can be confusing. Between the labyrinth of government websites, lawyer’s legalese and accountants Excel spreadsheets… deciding the best structure can be incredibly tough.
Making the right decisions when starting a business can be hard. Hopefully this simple layman’s guide to deciding whether to sole trade or start a company will help.
Business founders who decide to start up business as a Pty Ltd company are often on the right track. The benefits of a Pty Ltd company structure make setting one up the wisest option. This is especially the case if you are:
starting up with business partners, be they Directors or shareholders
seeking fast growth
plan to supply to major corporations
intend to hire staff
seeking to maximise the benefits of a tax effective business structure
considering equity investment
want ‘street cred’ as an Australian company
already considering exiting the business at some stage
If one or more apply to you, you should seriously consider forming a Pty Ltd company. That’s not to say setting up as a ‘sole trader’ is not a suitable option. However, people who set up to ‘sole trader’ usually fall into one of the following categories:
starting up a hobby business to supplement income
starting a part-time businesses
planning to work as a one man/woman band for the foreseeable future
testing the waters in business for the first time
looking to run a business that fits an existing lifestyle
generally not seeking significant growth.
Every person’s circumstance is different so exceptions to the guidelines above do occur. The decision is not always simple or clear cut. Age, industry sector, start up capital, family status, asset base and a range of variables should be taken into consideration.
For this reason, input from a professional, such as a lawyer, accountant or a specialist start up firm is very much worth considering.
What else determines the decision to choose between sole trader and Pty Ltd?
In a word, liability. And it is so important a point it deserves a section of its own. As a sole trader your liability is unlimited. That means if you are sued your personal assets (house, car, money in bank, valuables etc.) are 100% exposed. A Pty Ltd company structure offers a better level of asset protection, as the business is its own legal entity (and therefore separate from you).
Regardless, for all new businesses we highly recommend business insurance. It’s like going out for a walk on a cold Winter’s night with a really warm jacket on. However, for sole traders with 100% liability risk, insurance cover is doubly important.
What about the cost?
Setting up a Pty Ltd company in Australia is a little more expensive that setting up as a sole trader. However, for the sheer value it delivers, we believe that …
When setting up a business, it is important to know what records and accounts you need to keep from the very beginning. Starting up any business and dealing with the practicalities makes for a busy time, but neglecting your records can be costly and time-consuming. In the long run, staying on top of your records will ultimately help you to: keep track of your finances and cash flow; avoid penalties; hold accurate information about your business; plan for your business’ future.
The records you need to keep will depend on the type and size of your business, however all businesses must follow basic bookkeeping procedures.
All businesses
All businesses need to keep track of two areas: incomings and outgoings. For incomings, you will need to keep hold of any accounting records, till rolls, paying-in slips, sales invoices and bank statements acquired. Important outgoings records will be: receipts, cheque book records, purchase invoices and bank or credit card statements. These are basic essentials which any business must take care to record properly and keep safe.
Limited companies
If you are a starting up as a limited company (i.e not a sole trade), there are further records to keep. All limited companies must keep the following: dividend allocations and payments; articles of association; details of company share ownership.
Any company which is registered limited must also complete and return a number of documents each year. These include: Company Tax Return (with form CT600); statutory accounts; Corporation Tax; return to Companies House; a signed set of accounts to Companies House.
Depending on the nature of your company, there are number of other records which you may have, such as a register of members or directors.
Employers
All businesses employing workers will need to organise their documentation relating to employee payment. This is very important as it ensures that you are paying the right amount to your employees and allows you to keep track of these expenses. You are required by law to keep the following PAYE records: payments to employees; National Insurance, Tax and Student Loan payment deductions from wages; benefits and expenses paid to employees; statutory payments (sick or maternity leave).
VAT
All VAT registered businesses are required by law to keep the following records for at least 6 years: VAT sales and purchase invoices; a VAT account; all export and import documents.
VAT registered business will need to complete and return a VAT return form every quarter (4 times a year). This will include details of the following: what you owe or are owed by HMRC; what you have paid any supplier; what you have charged any customers.
Whatever kind of business you are setting up, getting to grips early on with your records can ensure that your first year of trade runs as smoothly as possible. With modern computing and accessible data programmes, it is easier than ever to produce a bookkeeping system which works for you and your business.…