University Malaysia Kelantan (UMK) : Course Name
University Malaysia Kelantan (UMK) : Course Name
University Malaysia Kelantan (UMK) : Course Name
(UMK)
Course Name:
Md Ekramul Haq
Ease of formation: Starting a sole proprietorship is much less complicated than starting
a formal corporation, and also much cheaper. Some states allow sole proprietorships to be
formed without the double taxation standards applicable to most corporations. The
proprietorship can be named after the owner, or a fictitious name can be used to enhance
the business marketing.
Tax benefits: The owner of a sole proprietorship is not required to file a separate
business tax report. Instead, they will list business information and figures within their
individual tax return. This can save additional costs on accounting and tax filing. The
business will be taxed at the rates applied to personal income, not corporate tax rates.
Employment: Sole proprietorships can hire employees. This can lead to many of the
benefits associated with job creation, such as tax breaks. Also, spouses of the business
owner can be employed without having to be formally declared as an employee. Married
couples can also start a sole proprietorship, though liability can only assumed by one
individual.
Decision making: Control over all business decisions remains in the hands of the owner.
The owner can also fully transfer the sole proprietorship at any time as they deem
necessary.
Liability: The business owner will be held directly responsible for any losses, debts, or
violations coming from the business. For example if the business must pay any debts,
these will be satisfied from the owners own personal funds. The owner could be sued for
any unlawful acts committed by the employees. This is drastically different from
corporations, wherein the members enjoy limited liability (i.e., they cannot be held liable
for losses or violations)
Taxes: While there are many tax benefits to sole proprietorships, a main drawback is that
the owner must pay self-employment taxes. Also, some tax benefits may not be
deductible, such as health insurance premiums for employees
Lack of continuity: The business does not continue if the owner becomes deceased or
incapacitated, since they are treated as one and the same. Upon the owners death, the
business is liquidated and becomes part of the owners personal estate, to be distributed
to beneficiaries. This can result in heavy tax consequences on beneficiaries due to
inheritance taxes and estate taxes
Difficulty in raising capital: Since the initial funds are usually provided by the owner, it
can be difficult to generate capital. Sole proprietorships do not issue stocks or other
money-generating investments like corporations do
What is a Partnership?
A partnership is a legally-recognized business entity comprised of two or more people. Each
member of a partnership holds ownership in the business. Partnerships are often created by
formal written agreements but may also exist on less formal terms. Laws for creating a
partnership may differ from state to state.
There are two basic types of partnerships: general partnerships and limited partnerships. In a
general partnership, each partner is typically jointly responsible for losses and violations related
to the whole partnership. In a limited partnership, each individual is responsible or liable for their
own losses.
Disadvantages of a Partnership
Partners are jointly and individually liable for the actions of the other partners.
Profits must be shared with others.
Since decisions are shared, disagreements can occur.
Some employee benefits are not deductible from business income on tax returns.
The partnership may have a limited life; it may end upon the withdrawal or death of a
partner.
Depending on the business needs involved, partnerships can offer many different advantages.
These include:
Control: Partnerships generally allow for a greater amount of control by the partners
than would be possible in a different business form, such as a corporation
Taxes: The partnership as an entity usually doesnt file taxes; instead, each individual
files their own taxes. This may be desirable especially for smaller organizations
Survival of the Partnership: A partnership will generally terminate or dissolve if any of
the partners becomes deceased or incapacitated.
Creation: Partnerships are generally easy to create and will require less paperwork than
other types of business structures.
However, some of these characteristics of partnerships can work against certain business goals.
For instance, if the parties wish the organization to extend beyond the life of a partner, then a
partnership might not be the best form for the business (since the partnership will dissolve upon
any partners death). Or, perhaps the members would like more restrictions on the way their
business is controlled; in that case, they might opt for a more traditional corporation structure.
Lastly, one of the main limitations of a partnership is that they have a tendency to limit the
growth of the business. This is because control is localized into only a few individuals rather
than members of a board or similar corporate features. This makes them more suitable for
smaller start-up ventures and temporary projects. Each partnership may provide specific terms
for partners in a partnership agreement.
Corporation/Company
A Corporation, chartered by the state in which it is headquartered, is considered by law to be a
unique entity, separate and apart from those who own it. A Corporation can be taxed; it can be
sued; it can enter into contractual agreements. The owners of a corporation are its shareholders.
The shareholders elect a board of directors to oversee the major policies and decisions. The
corporation has a life of its own and does not dissolve when ownership changes.
Advantages of a Corporation
Shareholders have limited liability for the corporations debts or judgments against the
corporation.
Generally, shareholders can only be held accountable for their investment in stock of the
company. (Note however, that officers can be held personally liable for their actions,
such as the failure to withhold and pay employment taxes.
Corporations can raise additional funds through the sale of stock.
A Corporation may deduct the cost of benefits it provides to officers and employees.
Can elect S Corporation status if certain requirements are met. This election enables
company to be taxed similar to a partnership.
Disadvantages of a Corporation
The process of incorporation requires more time and money than other forms of
organization.
Corporations are monitored by federal, state and some local agencies, and as a result may
have more paperwork to comply with regulations.
Incorporating may result in higher overall taxes. Dividends paid to shareholders are not
deductible from business income; thus this income can be taxed twice.
There are several advantages to incorporating your business, regardless of its size. Benefits
of forming a corporation or Limited Liability Company (LLC) include:
Personal asset protection
Forming either a corporation or an LLC is similar to a partnership, minus the need for excessive
paperwork and fees. It allows the business owner to separate and protect their personal assets in
case of a lawsuit or claims against a business entity. In an effectively managed and structured
company, owners should have limited liability for outstanding business debts and obligations.
This remains as one of the leading benefits to incorporating.
Enhanced credibility
A close second to personal asset protection, a major benefit of incorporating your business is the
stamp of approval adding an "Inc." or "LLC" after your business name gives. This distinction
affords your business with the instant credibility and authority associated with owning an
incorporated company. Potential consumers, vendors and partners may prefer to do business with
an incorporated company and will look overlook those who are not.
Brand protection
In most states, other businesses may not file your exact corporate or LLC name in the same state.
From a branding standpoint, this not only helps protect your company's reputation from being
diminished by or confused with another company bearing a similar sounding name, but
strengthens your businesses in terms of brand identity and marketing efforts.
Perpetual existence
Corporations and LLCs continue to exist throughout ownership or management changes within
your business. Sole proprietorships and partnerships simply end if an owner dies or leaves the
business. Forming a corporation ensures that your company's legacy can be preserved, as well as
continue to provide employment and services for clients should any changes in ownership take
place.
Tax flexibility and incorporation tax benefits
There are several tax advantages and benefits of incorporating a small business. While profit and
loss typically "pass-through" an LLC and get reported on the personal income tax returns of
owners, an LLC can also elect to be taxed as a corporation. Likewise, a corporation can avoid
double taxation of corporate profits and dividends by electing Subchapter S tax status.
Deductible expenses
Corporations and LLCs may deduct normal business expenses, including salaries, before they
allocate income to owners. This means that the money you put towards growing your business
can be deducted from your business income in determining your actual taxable income.