Should I choose to operate as a sole-trader business or a company?

If you’re about to start your own business, you’ll also need to decide on its structure. Perhaps you’re wondering whether it’s better to operate as a sole trader or a company? Or maybe you’re still unsure whether you’re making the right choice? We’ll go over the main benefits and drawbacks of being a sole trader or a company so that you know enough to take the plunge.

What is a sole-trader business?

The sole trader is the simplest business form, where your company does not constitute a separate legal entity but instead is a ‘natural person’ that, legally speaking, corresponds to you as a private individual. This comes with benefits and drawbacks.

Five key benefits of the sole-trader business

  • Your accounting and administration are relatively straightforward
  • The profits you make are immediately available as wages
  • You can easily (and cheaply) set up and end your sole-trader business
  • You don't have to contribute any starting capital
  • You can make your own decisions

Some drawbacks worth considering

  • You declare all your income in your personal income tax return (i.e. taxed at a higher rate than corporation tax)
  • You have less scope for optimising tax payments
  • You are personally liable if your sole-trader business has debts
  • You have limited possibilities to arrange succession and transfer

When is the sole-trader business a good choice?

  1. When you want to start your own business but want to limit the financial risks involved
  2. When you want a straightforward way to get started without having too many commitments
  3. When you want to operate on your own without the involvement of any partners (hiring staff is possible) 
Read all about starting your own business

What is a company?

Unlike the sole-trader business, the company constitutes a separate entity in the form of a ‘legal person’ and therefore does not correspond to you as a ‘natural person’. As the name suggests, you can set up a company together with two or more other persons (partners). The arrangements are then set out in the articles of association.

Five key benefits of the company

  • The income you generate is taxed separately and you can optimise tax relief on your personal income
  • You can keep the profits in your company and invest them in your business
  • Your liability as a shareholder is limited with most types of company
  • You can bring in financial partners who’ll put their weight behind your business 
  • Succession and transfer are easier to arrange

Some drawbacks worth considering

  • Depending on the form chosen, setting up a company can cost you between 700 euros and 1 500 euros
  • There is much to consider when setting up a company, including drafting the articles of association and filing them with the Commercial Court
  • Your company needs to keep more complex accounting records and that requires some accounting knowledge
  • Dissolving your company is not exactly straightforward, so you cannot ‘try’ without running up considerable costs 

When is the company a good choice?

  1. When you expect to make a sound profit and want to use it to grow your business
  2. When you want to run your business with partners
  3. When you want to run less risk of losing personal capital in the event of bankruptcy (the risk varies depending on the company form)
Read all about starting your own business