01/06/2012
IT’S YOUR BUSINESS
The most important issues to consider when you decide on the best format to operate your business in are the tax, legal, financial and administrative issues, not only for your business but also for yourself and your estate. This article only highlights certain issues and a consultation with a professional is required to ensure that you obtain comprehensive advice.
• Sole proprietor – personally liable for tax, business debts and legal actions. Minimal formalities to form and operate. Tax rate based on profits and your other taxable income.
• Partnership – personally (jointly and severally) liable for tax, business and legal actions. Require partnership agreement. Tax rate based on your profit share and other taxable income.
• Company and CC – only personally liable for tax, business debts and legal actions in certain limited circumstances. Formal registration required with Memorandum of Incorporation. Flat tax rate dependent on taxable profit after director’s salaries.
Some of the laws that will place obligations on your business, regardless of the business format chosen, are:
• Taxes – income tax, VAT, PAYE, skills development levy, capital gains tax, dividend tax, import duties
• Unemployment insurance, workman’s compensation, basic conditions of employment
• Companies Act (including Close Corporation Act) – registrations, directors duties and liabilities, possible audits, accounting records, annual returns
• Public Access to Information Act – manual to be prepared
• Prevention and Combatting of Corruption Act – duty to report
• Consumer Protection Act – contracts, advertising, warranties, product liability, quality and safety, franchises, business names, disputes
• National Credit Regulations – credit agreements and interest rates
• Municipal by-laws - business licenses, zoning
• Various other acts that regulate retention periods of documents and other operational and environmental issues