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Sole Proprietorship And Private Limited Company

Sole Proprietorship And Private Limited Company

Sole Proprietorship is the simplest business structure that can be formed easily with minimal cost and legal formalities.  A single person operates this form of business and the owner is responsible for all the business obligations and losses.  Owner has the entire hold on the business and can run it according to the desired plans without being answerable to anyone.  Owner, being the sole decision maker, is responsible for every decision that may affect the business in both positive and negative manner.  There is no boundary between personal assets and business liabilities.  If owner fails to pay the business debts, the creditor may recover it by consuming the personal assets of the owner, hence leading to unlimited liability.  Owner may face difficulties in raising the capital in such form of business.  There is no difference between the owner and the business because Sole Proprietorship is not a separate legal entity.  Therefore, the business gains are added together with the owner’s income from other sources and taxed at progressive individual income tax rates, with the current highest personal income tax rate at 22%.

Private Limited Company is another business structure that a single entrepreneur can also opt for. The form of business that can be established with minimum 1 shareholder. Unlike Sole Proprietorship, it follows the concept of limited liability that restricts the contribution of shareholders, in paying the business debts, to the investment of the shareholder. Contrary to the Sole Proprietorship, this form of business offers ease of raising capital by adding a new shareholder or issuing shares to the existing shareholders that allows the inflow of capital for business expansion.  Corporate tax is levied at a fixed rate (currently, 17%) on the profits earned, resulting in reduced personal income tax rates.  Dividends distributed, to the shareholders, from the profits (net of taxes) are not taxable in their individual income tax returns.  Certain government incentives or claims, available for Private Limited Company, are not applicable in Sole Proprietorship.  Private Limited Company has statutory responsibilities, including but not limited to maintain registers of company officers, conduct annual meetings with minutes and financial statements prepared for submission to statutory bodies.  Unlike Sole Proprietorship, there is no single authority to make final decisions for the business.  Every shareholder has the right to vote in the decision making during the general meetings.

Might Glory Corporate Solutions is one of the leading Corporate Service Provider companies in Singapore. We specialise in company incorporation, corporate secretarial, nominee directorship, accounting and bookkeeping, corporate and individual tax services, financial reporting, and administrative support services. Contact us today for any clarification between Sole Proprietroship and Private Limited Company matters or any related to your business needs.

Singapore New Audit Exemption For Financial Periods Starting On Or After 1 July 2015

Singapore New Audit Exemption For Financial Periods Starting On Or After 1 July 2015

The amendments to the Companies Act include Singapore Audit Exemptions for smaller companies with financial periods on or after 1 July 2015. Let’s find out more.

With accordance to the legislative amendments introduced by the Companies (Amendment) Act 2014, the first phase of the legislative amendments has taken effect on 1 July 2015. Amongst the list of proposed amendments, one of the most significant changes would be the new audit exemption for “small companies” concept. In prior to the amendments, a company is exempted from having its accounts audited if it is an exempt private company (EPC) with annual revenue of $5 million or lower.

The amendments have been modified to include a broader set of criteria that defines those entities eligible for audit exemption, reflecting that audit is more of value to broader groups of stakeholders like suppliers, employees and customers than shareholders. This newly introduced concept allows more corporations to opt for audit exemption. This would in turn reduce compliance costs and responsibilities.

Thirteenth Schedule (Section 205C) of the Companies Act states that a company is considered a “small company” if:

  • It is a private corporation throughout the financial period in question; and
  • It satisfies any two of the three criteria below for each of the two preceding consecutive financial years:
  1. The annual revenue does not exceed $10 million.
  2. The value of total assets does not exceed $10 million as at the end of the financial year,
  3. There are no more than 50 employees at the end of the financial year

The qualifying factors are consistent with Singapore Financial Reporting Standards for Small Entities approach, but are slightly different by incorporating additional requirements that the “small company” status to be determined through reference of a two-year period. There is limitation in revealing the reason behind this requirement but there has been justifications made to further justify the criteria, namely to safeguard against manipulation in order to achieve the audit-exemption status and to assess the eligibility on a longer term basis so that the impact of abnormal earnings are reduced and the company will not lose its exemption status due to a sudden yet short-lived increase in their earnings.

As the amendments are scheduled to take effect only for financial periods commencing on or after 1 July 2015, there have been transitional arrangements made for corporations that are formed before the day that the “small company” criteria starts. Companies, which are formed before the effective date, will still be qualified as a small company from the first or second financial period on or after the effective date, on the condition that it is a private company throughout the concerned financial period and meet the quantitative criteria for that financial period.

Once audit-exemption status has been granted to a company, the status shall remain valid until it is no longer a small company when:

  • The Quantitative Criteria is not being satisfied for two immediately preceding financial years; or
  • It ceases to be a private company during a financial year.

Do you have further questions regarding the New Audit Exemption in Singapore? or any concerns on your accounting and tax works? Please do not hesitate to ask Mighty Glory Corporate Solutions. We would gladly answer your questions and provide solutions to your business needs.