Why set up a limited company?
Registering and running a limited company involves more paperwork and accounting than a sole trader business or partnership, but this is offset with extra protections in terms of
financial liabilities. A limited company’s liability is just that: limited.
Deemed to be its own legal entity, a limited company can own property and assets, incur debts, sue, and be sued but its finances are separate from the personal finances of its
owners. Consequently, should the business not succeed, then (unless there has been some material negligence on the part of the directors, e.g., fraud, and there being personal guarantees for the liabilities of the business, e.g., to a
landlord) neither you nor the other owners can be held responsible for any of its debts.
Unlike sole traders or business partnerships, a limited company is an effective way to run a business with less risk to personal wealth or assets.
Ownership of a limited company is divided up into shares which are then allocated to each shareholder.
Shares can be separated into different classes with different rights (e.g., some voting or non-voting) and can be held by shareholders in any proportions.
Therefore, the company can be owned in any way you like.
Legal
requirements for limited companies
Limited companies must have at least one director to run the business.
Company directors are legally required to:
File an annual confirmation statement with Companies House. Submit your company’s annual accounts to Companies House.
Submit an annual Corporation Tax Return to
HM Revenue and Customs (HMRC). Corporation tax is then calculated and must be paid within nine months of the company’s accounting year end.
If your business turnover exceeds the VAT threshold, currently £90,000, then your company must be registered for VAT and quarterly VAT returns completed online. If turnover is less than the threshold you can still register voluntarily, and there can be pros and cons of voluntary registration – if in doubt you should seek specialist advice.
All employees of the company including directors must pay income tax and Class 1 National Insurance Contributions. If you operate the company payroll yourself, you must report employees' payments and deductions to HMRC on or before each payday and then pay what you owe to HMRC monthly – although small employers may be able to pay quarterly.