Sole trader
The simplest single-owner structure, with personal responsibility for the business.
Side-by-side comparison
This comparison describes the broad position. Agreements, ownership, activities and individual circumstances can change the detail.
| Question | Sole trader | Ordinary partnership | Limited company | LLP |
|---|---|---|---|---|
| Who can use it? | One individual. | Two or more partners. | One or more shareholders, with one or more directors. | Two or more members. |
| Separate legal body? | No. | Generally no separate legal personality in England and Wales. Scottish partnerships differ. | Yes - the company is separate from its owners and directors. | Yes - the LLP is a body corporate. |
| Business debts | The individual is personally responsible. | Partners personally share responsibility in an ordinary partnership. | Shareholder liability is generally limited, but directors’ conduct and guarantees still matter. | Members generally have limited liability, subject to the law, agreements and conduct. |
| How profits are taxed | The individual pays Income Tax and relevant National Insurance on taxable profits. | Each partner is taxed on their share of partnership profits. | The company pays Corporation Tax. Individuals may also be taxed on salary, benefits, dividends or other withdrawals. | Members are normally taxed on their shares of LLP profits. |
| Taking money | Drawings do not themselves determine taxable profit. | Drawings are governed by the partnership arrangements; partners are taxed on profit shares. | Company money is not automatically the owner’s money. Salary, dividends, expenses and directors’ loans have separate rules. | Members’ drawings and profit allocations should follow the LLP agreement and tax treatment. |
| Main returns | Self Assessment and possibly MTD for Income Tax. | Partnership return plus individual partners’ returns; MTD consequences require checking. | Company accounts, Corporation Tax return and relevant payroll or personal returns. | Companies House accounts plus partnership and member tax reporting. |
| Public filing | No Companies House accounts. | Ordinary partnerships generally do not file public accounts merely because they are partnerships. | Companies House registration and public filings. | Companies House registration and public filings. |
| Written agreement | Not applicable to ownership, though contracts and terms remain important. | Strongly advisable to document profit shares, authority, exits, disputes and ownership. | Articles, shareholder decisions and often a shareholder agreement. | An LLP agreement should govern members’ rights, responsibilities and profit sharing. |
| Changing later | Can transfer into another structure, but tax, VAT, assets and contracts need review. | Changes in partners or incorporation require planning. | Extracting or transferring a company business can be complex. | Changes in members or conversion require legal and tax planning. |
The simplest single-owner structure, with personal responsibility for the business.
Joint ownership and shared responsibility, with each partner taxed on their profit share.
A separate legal entity with formal governance, accounts and tax responsibilities.
A separate legal body for two or more members, normally taxed in a partnership-style way.