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Unit 8: Setting up a Small Business Enterprise




          5.   Various Tax Benefits: A final and important advantage to the sole proprietorship is the  Notes
               various tax benefits available to an individual. The losses or profits of the sole proprietorship
               are considered personal to the owner. The losses are directly deductible against any other
               income the owner may have and the profits are taxed only once at the marginal rate of the
               owner. In many instances, this may have distinct advantages over the method by which
               partnerships are taxed or the double taxation of corporations, particularly in the early
               stages of the business.

          Disadvantages

          Following are the disadvantages of sole proprietorship form of business:
          1.   Risk to the Assets of Sole Owner: Perhaps the most important factor to consider before
               choosing this type of business structure is that all of the personal and business assets of the
               sole owner are at risk in the sole proprietorship.

               !
             Caution If the demands of the creditors of the business exceed those assets, which were
            formally placed in the name of the business, the creditors may reach the personal assets of
            the owner of the sole proprietorship.
          2.   Potential  Difficulty in Obtaining Loans: A second major disadvantage to the sole
               proprietorship as a form of business structure is the potential difficulty in obtaining
               business loans.




             Notes Often in starting a small business, there is insufficient guarantee to obtain a loan
            and the sole owner must mortgage his or her own house or other personal assets to obtain
            the loan.


          3.   Lack of Continuity: A further disadvantage to a sole proprietorship is the lack of continuity
               that is inherent in the business form. If the owner dies, the business ceases to exist. Of
               course, the assets and liabilities of the business will pass to the heirs of the owner, but the
               expertise and knowledge of how the business was successfully carried on will often die
               with the owner. Small sole proprietorships are seldom carried on profitably after the
               death of the owner.

          8.2.2  Selecting a Business Entity: Joint Partnership

          A partnership is a relationship existing between two or more persons who join together to carry
          on a trade or business. Each partner contributes money, property, labor, and/or skill to the
          partnership and, in return, expects to share in the profits or losses of the business. A partnership
          is usually based on a partnership agreement of some type, although the agreement need not be
          a formal document. It may even simply be an oral understanding between the partners, although
          this is not recommended. A simple joint undertaking to share expenses is not considered a
          partnership, nor is a mere co-ownership of property that is maintained and leased or rented. To
          be considered a partnership for legal and tax purposes, the following factors are usually
          considered:

               The partners’ conduct in carrying out provisions of the partnership agreement,
               The relationship of the parties,




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