Report on Business Structure: Sole Proprietorship and Partnership

This report provides a comparative analysis of two common business structures: sole proprietorship and partnership. It details the key aspects of each structure, including licensing requirements, liability, taxation compliance, accounting methods, business name registration, ongoing costs, and reporting requirements. The report highlights the advantages and disadvantages of each structure, referencing the Australian Taxation Office (ATO) guidelines. It covers aspects like personal liability in sole proprietorships and the shared responsibilities in partnerships, along with implications for income tax and Goods and Services Tax (GST). The report offers a comprehensive overview to assist in understanding and choosing the most suitable business structure based on specific needs and circumstances.

REPORT
According to the requirements, the two optimum structures for SAM are as follows:
1. Sole Proprietorship - This is the most common and simplest structure to form. In this structure
all the ownership and responsibilities, lies with owner, i.e. with you in your case. However, the
key aspects of this structure are as below:
a. Licensing requirements - There is no requirement of business registration or licensing.
b. Control & liability - The owner has all the managerial control with him. However, the
liability of proprietor is unlimited and he is personally liable for every liability.
c. Taxation compliance - In this structure, the profits earned or losses incurred are added to
the individual income of the owner and taxed as such. Further, deduction with respect to
non-current assets like depreciation can be claimed if these assets are used for the
business. Further, if there are no employees, then there is no obligation for PAYG
deduction or FBT payment. But if the annual turnover exceeds $75,000, then the business
is required to be registered under GST.
d. Accounting Method - It can adopt to any method of accounting whether it is a cash
method or accrual method.
e. Business name registration- There is no requirement of business registration. However
the business name can be registered. If the business is set up in the name of sole
proprietor then there is no need to register the business name but if the business is set up
with some other name then the business name should be registered with Australian
Securities and Investments Commission (ASIC).
f. Ongoing cost – With respect to legal costs, the only ongoing cost is of renewal of
business name.
g. Reporting requirements – There are no reporting requirements.

2. Partnership - Partnership is formed by two or more persons who are willing to start the business
mutually. In partnership, they share profit and losses in the agreed ratio.
a. Licensing requirements – No license or registration is required for starting business.
b. Control & liability – The liability of partners are unlimited means their personal assets
can be used in case on non-payment of debts.
c. Taxation compliance - The profits or losses shared to the partners are clubbed with their
individual incomes and taxed as their income. Further, if there are no employees, then
there is no need to pay PAYG or FBT. But GSTN is necessary to carry out the business if
the annual turnover is above $75,000.
d. Accounting Method – Any method whether the cash method or accrual method can be
adopted.
e. Business name registration- There is no requirement of registration of partnership
business but the business name can be registered. If the business is started in the name of
partners then there is no requirement of business name registration, but if the business is
started in some other name, then it needs to be registered with Australian Securities and
Investments Commission (ASIC).
f. Ongoing cost – Only renewal of business names is required in future.
g. Reporting requirements – There are no such reporting requirements, except filling of tax
returns with Australian Taxation Officer.

References:
'Choosing Your Business Structure' (Ato.gov.au, 2017) <https://www.ato.gov.au/business/starting-your-
own-business/before-you-get-started/choosing-your-business-structure/> accessed 23 September 2017
'Partnership' (Ato.gov.au, 2017) <https://www.ato.gov.au/Business/Starting-your-own-business/Before-
you-get-started/Choosing-your-business-structure/Partnership/> accessed 23 September 2017