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Starting a limited liability company

What are the disadvantages and advantages of starting a private limited company? The decisions in forming a company can for many people considering starting a limited liability company can be categorised in three main areas. Forming a company is a serious business.   

            Corporation Tax advantages

            Limited Liability Company

            Capital structure

Individual reasons for forming a company  may vary while DIY Accounting propose that certainly corporation tax, limited liability and the capital structure  are of major significance and should be considered before starting a limited liability company.

Corporation Tax Advantages

Companies pay corporation tax not income tax. Corporation tax is a tax payable on the company net profit. In recent years there has been a considerable tax advantage in forming a company due to the lower rates of corporation tax compared with income tax payable by sole traders.

If you are thinking of starting a limited liability company then you may wish to consider your personal circumstances and consider whether there would be an advantage in paying corporation tax after forming a company. This calculation has ignored the effect of national insurance although the combined effect of employees and employers national insurance on directors wages does reduce the corporation tax benefits. Given the different rules applying to tax on dividends that directors may draw on which national insurance is not payable by the company then each case has to be assessed separately depending on personal, business circumstances and the general objectives of the limited liability company too.

Limited Liability

A sole trader receives no protection from the business liabilities should the business run into financial problems whereas the liability of a company is limited to the amount subscribed by the members, in effect the amount of share capital subscribed. On the face of it such a massive advantage would sway the decision heavily in favour of starting a limited liability company and forming a company.

In real life the differences and protection offered by forming a company is less clear.  Certainly there is an advantage in relation to unsecured creditors of the business who could claim 100% of their debt against a sole trader and have to settle for anything left over after the dissolution of a limited liability company  which is often zero. Directors forming a company will understand that banks and financial institutions generally will normally require personal guarantees or loans secured against either company or personal assets for any significant level of borrowings by the limited company.

In addition directors starting a limited liability company should be aware that if the company does run into financial problems and becomes insolvent then all debts incurred by the company after the directors became aware or should have been aware that the company was insolvent are personally responsible for those company debts. For example being late with the rent or exceeding credit terms could be deemed and presented in evidence as an indication the company is insolvent.

Capital Structure

Often overlooked as a consideration when starting a limited liability company. The capital structure and opportunity that gives directors forming a company to raise capital through additional members and the flexibility in bringing in new partners to the business is a major consideration for major companies.  When starting a limited company consideration should be given to the full spectrum of ensuring that after forming a company all avenues are explored to ensure the company has sufficient capital to trade to its maximum capability. A successful company is valuable and make offer an attractive financial proposition to potential new members who in exchange for introducing new capital can be instrumental in the company achieving its maximum financial capabilities.

Decided you are going ahead with starting a limited liability company? To start the process of forming a company please visit our order page.

Why are DIY Accounting services in forming a company so cheap? Answer, DIY Accounting have ambitions to be the leading UK company formation agent without sacrificing quality. All our company formation services being personally dealt with by a Chartered secretary to ensure forming a company is as fast and problem free as possible.

Visit the company formation order form to obtain the documents to form a new company.

Benefits of Limited Liability Company Formation The essentials required of a new limited liability company formation in the UK by incorporation and registration at Company House. Tax advantages and disadvantages.

No Frills Limited Liability Company Formation Registration of a limited liability company in the UK is not a complex business. Four documents are required to create a limited liability company.

 

DIY Accounting "Corporation tax advantages of starting a limited liability company by forming a company"

 

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Last modified: 03/17/09