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A sole trader is the simplest type of business structure defined in UK law. It refers to an individual who owns their own business and retains all the profits from it. When starting up, sole traders must complete a straightforward registration with HM Revenue and Customs as self-employed for tax and National Insurance purposes.
Sole traders and partnerships have to pay tax even if they do not take money out of the organisation. This can be overcome by becoming a limited company however the paperwork is more extensive; limited companies are able to do this because corporation tax rates are much lower than income tax rates.
Sole traders, partnerships, limited liability partnerships etc. were not governed by the Act. Company law throughout the United Kingdom is now governed by the Companies Act 2006 , which received Royal Assent on 8 November 2006, and which was commenced in stages between then and 1 October 2009.
Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership. Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate.
A sole proprietorship, also known as a sole trader, is owned by one person and operates for their benefit. The owner operates the business alone and may hire employees. A sole proprietor has unlimited liability for all obligations incurred by the business, whether from operating costs or judgments against the business.
Sole trader insolvency occurs when the business cannot meet financial obligations. It may be that bills cannot be paid on time, leading to debts which eventually attract legal action by creditors . Insolvency does not automatically equate to bankruptcy; [ 4 ] definitions of insolvency are provided within the Insolvency Act 1986 . [ 5 ]
The most common and traditional unincorporated entities are sole traders, partnerships, and trustees of trusts. Modern unincorporated entities include limited partnerships (but not incorporated limited partnerships), limited liability partnerships (but not UK Limited Liability Partnerships, which are corporations), Limited liability limited partnerships, and limited liability companies.
Like a sole trader, partners will be liable on any contract or tort obligation jointly and severally in shares equal to their monetary contribution, or according to their culpability. Law , accountancy and actuarial firms are commonly organised as partnerships.