If you’ve been running a business for a while, maybe as a sole trader or in a partnership, you may have heard someone say, ‘You should incorporate’. This means that rather than trading as a Sole Trader or a Partnership, you trade as a Limited Company.

Sometimes that’s well-meaning advice, but, like lots of the advice you’ll have been given over time, it’s not always a smart move for all business owners!

Let’s look at some of the factors you should consider if you’re thinking about incorporating your business.

The tax angle

For some years, incorporation was seen as a straightforward tax win. Profits from a company are taxed at corporation tax rates, and if you took money out of the company using a mix of salary and dividends, that often worked out to a lower tax cost than paying income tax as a sole trader.

Today, the picture is more nuanced. Particularly where profits are all withdrawn from the business to cover living and other personal costs, incorporating may no longer lead to a tax advantage.

It’s important to carefully review your personal situation and future goals to assess how incorporating would affect your tax bill. 

Limited liability 

Even when incorporating does not lead to a tax advantage, the limited liability that a company provides can still offer a strong reason for incorporating a business.

To explain, a limited company is a separate legal entity. That means that if things go wrong, your personal risk is generally limited to any money you’ve put into the company.

You may however, find that after incorporating, some lenders require personal guarantees for leases, bank loans or supplier credit so they can reduce their own risk.

Even so, for many businesses, the company structure provides a sensible layer of protection.

Business Perception

Sometimes a company name and registration number can give your business a more ‘established’ appearance.

This might help when it comes to bidding for contracts, as some organisations will only contract with limited companies.

Regulatory work

A company comes with some additional responsibilities that translate to more paperwork and more regulation, in large part by Companies House and the responsibilities of Directorship.

Some enjoy the discipline needed to run a company, but others find it a nuisance or an unnecessary cost.

Paying yourself

As a sole trader, any money you earn is yours as soon as it arrives in your bank account.

Because a company is a separate legal entity, it means any money in the business belongs to the company and not you personally. That means you need to arrange to take money out of the company. For instance, you might take a:

• Salary, which involves having to run a payroll.
• Dividend, which requires some paperwork and can only be taken if the company has enough profits available.

This gives you some flexibility and may provide some tax advantages, but it also requires discipline. You cannot simply dip into the company bank account as if it were your own and you may face unexpected tax charges if you do.

Final thoughts…

Incorporation can be a good tool for many businesses, but it is not necessarily the best choice for everyone. Weighing up the various factors involved will help you reach a decision that is right for your circumstances and for your business.

If you’d like to discuss whether incorporation could be a good fit for you, please get in touch. We’ve watched the landscape change over more years than we may like to admit, so are able to offer a well rounded view, tailored to your unique situation. This is definitely a time to seek professional advice, rather than to act on the advice of well-meaning friends whose position might be very different!