Updated on: Apr 22, 2024
Today we look at sole traders. Because a lot of our contractor clients get their work through recruitment firms the use of the sole trader structure is not all that common. We’ll explain the main reason for this further on in the article but what we have found over the last few months is an increase in new clients who are working as sole traders.
We think this reflects a change in how our clients go about getting new work, and they will often leverage existing relationships or pick up new contracts through third party referrals.
Embarking on the journey of entrepreneurship can be both exciting and daunting. Choosing the right business structure plays an important role in the success and sustainability of your venture. That’s not to say you can’t switch to a different business structure (such as limited company) at some point down the road, but if you get set up with the right structure at the start then you just saving yourself a little bit of admin further down the road.
Among the various options available, the sole trader business structure, or “sole traders”, is a popular choice for many people new to working for themselves. In this blog post, we will explore the advantages and disadvantages of operating as a sole trader, helping you determine if this is the right path for your business.
Video Summary
Want to watch our YouTube video instead? It summarises the main points but refer back to this article for more in-depth information.
Key Takeaways
- Sole traders enjoy financial rewards, privacy and decision-making flexibility, but must consider unlimited liability and reduced tax planning opportunities.
- Self employed sole traders have the advantage of less admin and greater privacy when compared to limited companies.
- Transitioning from a sole trader to a limited company will provide restricted personal liability, better tax planning opportunities, and potentially a more professional image for your business.
Understanding the Sole Trader Business Structure
A sole trader is an individual who runs a business on their own. There is no legal division between them and the business they own and operate. This means that the proprietor of the business (eg you) is personally responsible for all liabilities, including business debts. As a sole trader, you ARE the business, and this has an impact on your responsibilities and the manner in which you pay income tax.
Despite the potential challenges, such as transferring ownership of the business, many entrepreneurs opt for the sole trader structure due to its simplicity and lower start-up costs. A sole trader may also engage personnel on a permanent or part-time basis to help run their own business. However, pondering over your choices to determine the right business structure for you is worth a little bit of thought. Factors such as personal liability, tax implications, and corporation tax rates must be kept in mind.
The Path to Becoming a Sole Trader
The journey to becoming a sole trader is really simple and it involves:
- Registering for self-assessment with HMRC
- Keeping accurate financial records
- Paying all necessary taxes
- Tracking eligible expenses
- Issuing invoices
- Submitting self-assessment returns
The primary benefit of operating as a sole trader is that you can commence operations immediately without registering with Companies House, although you are personally responsible for any business debts.
Choosing a business name as a sole trader is an important decision. You can either use your own name or select something different. It is necessary to include both your name and the business name on all official documents.
As a sole trader, your tax obligations include the need to pay national insurance contributions, pay tax (PAYE), keeping an eye on whether you need to be VAT registered, and may involve getting professional indemnity insurance, and public liability insurance.
Key Advantages of Operating as a Sole Trader
Operating as a sole trader offers several key advantages, including:
- Simple tax planning
- Privacy
- Full ownership of profits
- Simplified financial management and record keeping
- Increased privacy compared to limited companies
- Expedited decision-making
Financial Rewards and Profit Retention
As a sole trader, you have the advantage of:
- A simplified and streamlined tax process
- Less paperwork involved and reduced administrative overhead
- Less red tape in getting set-up and on-going compliance.
Hiring an accountant is beneficial for a sole trader as it allows you to:
- Leverage their expertise in financial management, tax planning, and compliance
- Focus on core business activities
- Improve your overall productivity my making record keeping and compliance more efficient and cost-effective.
Greater Privacy and Confidentiality
Sole traders have greater privacy than limited companies, as they are not obligated to make their financial information public.
This increased privacy presents a challenge to competitors in terms of obtaining information about a sole trader’s business. Not registering with Companies House as a sole trader allows you to keep your financial information confidential, while also adhering to HMRC’s taxpayer confidentiality rules. This can be a significant advantage, especially for businesses operating in highly competitive markets or industries. To learn more about the registration process, you can visit the Companies House website.
Ease of Decision-Making and Adaptability
The flexibility that comes with being self employed and operating as a sole trader allows you to experiment with different business ideas, venture into new markets, and tweak strategies as required. Furthermore, sole traders have the autonomy to determine their own work hours, take vacations as desired, and maintain a balanced work-life.
This unparalleled level of control and adaptability allows sole traders to pivot and respond to changing market conditions, providing a competitive edge in the ever-evolving business landscape.
These same advantages also apply to limited company contractors where they are operating as a one man band. The disadvantages with using a limited company operation in these areas starts to build when more than one person is involved and agreement is required from other parties before making important decisions.
Potential Drawbacks of the Sole Trader Structure
While there are undeniable benefits to operating as a sole trader, there are also potential drawbacks, including unlimited liability and personal risk, a less professional image than what a limited company might project, and fewer tax planning options.
Unlimited Liability and Personal Risk
As a sole trader, you are personally liable for any debts or losses incurred by your business. This unlimited liability can put your personal assets, such as your home or savings, at risk in the event of business failure. The prospect of losing personal assets, as well as business assets, can be a significant deterrent for some entrepreneurs considering the sole trader business structure.
Weighing the benefits of unlimited liability against the potential risks and seeking professional advice if necessary, can be very useful. This will help you make an informed decision about whether the sole trader business structure is the right choice for you.
Less Professional Image
The perceived less professional image of a sole trader business can potentially affect how the business operates in several ways. One of the primary impacts is on client perception where clients may see a sole trader as less professional than a limited company. This could potentially lead to missed business opportunities with businesses who usually prefer dealing with established firms. Such a perception could also negatively influence the profitability of the business as clients may not be willing to pay premium rates for services or products if they perceive the business as lacking professionalism.
Fewer tax Planning Options
A sole trader is taxed on their net profit over the accounting period. There is no ability to defer income to future tax years and the options of taking a salary and dividends that limited company contractors enjoy is not available for sole traders.
Over the course of an extended trading period, ie several years, the sole trader will still be taxed on all of their income every year, whereas a limited company contractor can retain income in their company, and withdraw it in a tax efficient manner when they come to close the business down.
Despite these challenges, some sole traders find that the benefits of full control and the ease of use outweigh the potential drawbacks. Before you embark on the journey of becoming a sole trader, consider your personal circumstances and priorities to help decide on the best structure.
Not Appealing to Recruitment Firms
If you source your freelance work through recruitment agencies you will notice that they will not work with contractors who operate as sole traders. The reason for this is to do with the Agency Regulations (ITEPA s44-47).
If a recruitment firm were to engage a sole trader, then under the Agency Regulations they would need to make PAYE and NIC deductions off what is paid to the sole trader, effectively rendering the sole trader structure useless. These regulations do not apply to Limited Companies, which is why recruitment firms will only ever deal with contractors who (a) work PAYE via the agency (b) work PAYE via an Umbrella (c) work through their own Limited Company.
Comparing Sole Traders to Limited Companies
There are distinctions in terms of liability, tax planning possibilities, and credibility between Sole Traders and Limited Companies. Sole Traders are held personally liable for any debts or losses incurred by their business, whereas Limited Companies are liable only up to the amount of capital invested in the company.
In terms of tax planning, Limited Companies offer greater flexibility, whereas Sole Traders have very limited tax planning opportunities. Additionally, Sole Traders may not possess the same level of prestige as a Limited Company, which could have an impact on the type of clients they are able to acquire.
Converting from a Sole Trader to a Limited Company
There are several reasons why a sole trader might consider transitioning to a limited company, such as to restrict personal liability, gain access to extra capital, and take advantage of the corporate tax structure. The conversion process involves registering the limited company with Companies House, transferring the assets and liabilities from the sole trader business to the limited company, and notifying HM Revenue and Customs (HMRC) of the alteration and updating your personal tax records.
Seeking advice from us on the conversion process is recommended for personalized guidance. We can provide guidance on the specific steps and requirements involved in the transition, as well as help you weigh the advantages and disadvantages of making the switch.
Summary
In conclusion, operating as a sole trader offers numerous advantages, including simplicity of set-up and operation, greater privacy and ease of decision-making. However, potential drawbacks such as unlimited liability and personal risk, a less professional image than what a limited company might project, and fewer tax planning options should also be considered. Comparing sole traders to limited companies can help you determine which business structure is best suited for your entrepreneurial journey. Ultimately, the decision to operate as a sole trader or transition to a limited company will depend on your individual circumstances, priorities, and long-term goals.
Frequently Asked Questions
What is sole trader?
A sole trader is a business model in which a single individual owns and operates the business, and examples include tradespeople, freelance workers, and independent contractors. A sole trader needs to register with the HMRC, keep good business records, and file a personal tax return each year,
What are some advantages of a sole trader?
Sole traders enjoy (1) complete control and flexibility, (2) easy setup and registration (3) simple compliance and reporting. Additionally, sole traders can benefit from reduced accounting fees, greater privacy, and simplified taxes.
What are some disadvantages of being a sole trader?
Being a sole trader has several disadvantages, such as unlimited liability, fewer tax planning opportunities, potential credibility issues, sole responsibility, and potential barriers to gaining finance.
What is the main difference between a sole trader and a limited company?
For us there are two key differences between a sole trader and a limited company. (1) A sole trader has unlimited liability for business debts and losses, whereas a limited company’s liability is limited to the amount of capital invested. (2) A sole trader has less tax planning opportunities then a limited company which extends not only during the life of the business, but also if/when the business is closed down.