Legal English – Peter’s Pills – Lesson 85 – Sole Traders and Partnerships
18 Dicembre 2024
Legal English – Peter’s Pills – Lesson 85 – Sole Traders and Partnerships
Sole Traders and Partnerships
Transcript:
Hello!
Today we look at some important words and concepts in relation to sole traders and partnerships in the UK. These are both common business structures, but they differ in terms of liability, governance, and taxation.
Sole Traders
A sole trader (ditta individuale) is an individual who owns and runs (possiede e gestisce) their own business and is not in a partnership with others. Doctors, plumbers (idraulici), lawyers, handymen (tuttofare), dentists and so who work alone are all classified as sole traders.
There are some key features that distinguish sole traders:
Legal Status: The business and the individual are the same legal entity, so we can define a sole trader as unincorporated (non costituita in società);
Liability (Responsabilità): Unlimited liability—personal assets are at risk to cover business debts;
Taxation: Profits are taxed as personal income via Self Assessment (Autovalutazione fiscale/Autoliquidazione delle imposte);
Governance: The sole trader alone has full control over decision-making;
Registration: Must register with His Majesty’s Revenue & Customs (HMRC) but not with Companies House.
Partnerships
These involve two or more individuals running a business together. There are three main forms of partnerships in the UK:
Type
General Partnership (per certi versi simile alla SNC)
Legal Status
Unincorporated and therefore not a separate legal entity.
Liability
Partners have unlimited liability.
Type
Limited Partnership (LP) (per certi versi simile alla SAS)
Legal Status
Unincorporated and therefore not a separate legal entity.
Liability
General partners have unlimited liability, but limited partners’ liability is restricted to their investment.
Type
Limited Liability Partnership (LLP) (non esiste una struttura simile in Italia)
Legal Status
Incorporated and therefore a separate legal entity like a company.
Liability
Partners have limited liability, protecting personal assets.
Other points to note:
Both sole traders and partnerships are taxed individually on their share (quota) of profits and not at the business level (a livello di impresa);
Companies have articles of association (statuto) and shareholders, while these words cannot be used for partnerships because they have partners and may have a partnership agreement.
Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.
Legal, and politically correct, Season’s Greetings to all of you form me!
To whom it may concern,
I, the undersigned, in my capacity as a representative of my own interests and/or those of any associated entities, hereto extend my festive wishes in accordance with all relevant and applicable statutes, regulations, directives, or implied traditions.
Without prejudice to the generality of the foregoing, I wish you a Merry Christmas, Happy Holidays, and/or an entirely secular winter celebration, as per your subjective interpretation, personal preferences, or any philosophical and/or religious affiliations, if applicable.
Furthermore, I express my sincere hope, subject to all terms and conditions, that the calendar year ending 31 December 2024 will culminate in outcomes that are prosperous, harmonious, and devoid of disputes requiring litigation or mediation. I anticipate that the New Year (2025), should it commence as scheduled, will bring you success, joy, and minimal liability exposure in both personal and professional endeavours.
Please be advised that the foregoing greetings are offered on a strictly “as is” basis, without warranties, express or implied, as to their appropriateness, applicability, or cheer-inducing efficacy. No responsibility shall be accepted for any emotional distress or excessive merriment arising herefrom.
Con la sentenza 28 luglio 2023, n. 178, la Corte costituzionale ha dichiarato l’illegittimità costituzionale dell’art. 18-bis, comma 1, lett. c), della L. n. 69 del 2005, “nella parte in cui non prevede che la corte d’appello possa rifiutare la consegna di una persona ricercata cittadina di uno Stato...
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