What is a sole trader?

A sole trader is a self-employed individual who owns and runs their own business as an individual and, as their business isn’t a separate legal entity to its owner, a sole trader is their business. 

Being a sole trader means you have complete control over your business, all its assets and any profits after tax. As well as giving you total control, this business model has several advantages including being relatively straightforward and versatile.  

However, unlike owners of limited companies, sole traders are personally liable for all their business’ debts your personal assets could be at risk if you are unable to pay your creditors. This unlimited liability for events that occur while operating your business and the pressure involved in you having to bear the brunt of all the responsibility can present you with several significant challenges. 

Therefore, while the definition of a ‘sole trader’ is often used instead of ‘self-employed’ when describing this type of business model, be careful as the terms do have slightly different meanings.  

Characteristics of a sole trader 

A main feature of being a sole trader is that you will work alone, and your business is entirely owned and managed by you with no separation between the management and the ownership of your business. 

If you are a sole trader, you do not need to file accounts or any other documents with Companies House, but you must register with HM Revenue and Customs (HMRC) as soon as possible after starting your business.

As a sole trader, you will pay income tax (not Corporation Tax) on your business’ profits and National Insurance Contributions (NICs). You will also be required by HMRC to complete and submit a Self-assessment Tax Return each year. Depending on your business’ turnover, you may also need to register for VAT. 

Quite often, a sole trader will operate through a personal service company set up to act as an intermediary between themselves and their clients or customers. There are special tax and NIC anti-avoidance rules, such as the IR35 regulations, which apply in such cases and you should seek support from an accountant if you have structured your business this way. 

What’s the difference between ‘sole trader’ and ‘self-employed’?

A sole trader is always self-employed for tax purposes, but not everyone who is self-employed is a sole trader. Self-employed means that you are not employed by someone or pay tax through Pay As You Earn (PAYE). Most self-employed individuals run businesses that use the sole trader structure, but they could also be part of a partnership or be a director in a limited company.

 

What are examples of sole traders?

The sole trader structure is the one most used, but not exclusively, within the services sector. An example of a sole trader may include: 

• Electricians 
• Gardeners 
• Plumbers 
• Decorators and Plasterers 
• Hairdressers 
• Personal Tutors 
• Freelance writers 
• Fitness instructors 

Can a sole trader employ staff?

It is a common misconception that sole traders cannot employ staff and while it is true that sole traders operate and own their businesses, they can also employ staff to carry out work for them. If you do employ staff, you will be responsible for collecting tax and NICs from employees and paying these to HMRC on their behalf. You will need to operate a PAYE payroll scheme to do this.  

Legal obligations and responsibilities of a sole trader

Setting up your own business as a sole trader may be the most straightforward option for a new start-up but you will still have to meet several sole trader responsibilities and legal obligations.

You will need to file a Self Assessment Return

As a sole trader, you need to file a Self Assessment Tax Return and pay any tax by 31st January after the end of the tax year (5th April).

Filling your tax return means you need to submit details of your sales and expenses, as well as receipts and other relevant records. Keeping on top of your bookkeeping is vital, and can be done easily using online software such as QuickBooks, Xero and Dext. 

You may have to make National Insurance contributions

As a sole trader, you may need to make Class 4 and Class 2 National Insurance contributions. 

Class 4 National Insurance will be automatically calculated as a percentage of your profits and be calculated when you complete your Self-assessment Tax Return. 

From April 2024, if your profits are £6,725 or more Class 2 National Insurance is treated as paid but no payment is required. If your profits are less thasn £6,725 you can make voluntary Class 2 NICs at £3.45 per week.

You may need to register for VAT

Registering for VAT is optional if your turnover is up to £90,000, however if you exceed this threshold, you must be VAT registered.

If you do register for VAT, you will need to complete VAT returns and keep your bookkeeping records up to date. You can register for VAT online to receive your VAT number and you will get an online VAT account through which you can file your VAT returns. 

If you intend to carry out business with other businesses but your turnover is under the £90,000 threshold, registering for VAT may still be advisable. It will enable you to claim back the input VAT on your work-related purchases and pass on the VAT you will be charging to your clients, without having to increase the price of your own products or services.

You will have to register for PAYE if you employ staff 

As mentioned earlier, as a sole trader, you can employ staff to help you in your business. You will need to decide whether you want full-time or part-time workers or may prefer the flexibility of working with freelancers. 

Should you opt to have staff on your payroll, you are legally required to register for PAYE to collect tax and NICs from your workers, which you will then pay to HMRC. You will need to register online for a PAYE reference number and be required to set up an employer’s workplace pension scheme.  

Bear in mind that if you do opt for employing staff your business will need to generate enough to pay them monthly. If you choose to look after PAYE on your own, you may need to subscribe to an online bookkeeping service that also offers payroll services.

And as an employer, you are legally bound to pay your staff the minimum wage at the very least.

Having staff working on your premises will mean you will need to get employers’ liability cover. In addition, you may face other legal requirements if you have employees.

Need help setting up as a sole trader? 

Here at TaxAssist Accountants, we can help you understand what being a sole trader means and help you decide if this is best structure for your business. We can also show you how other business models may change your tax position. If you would like to discuss becoming a sole trader, please call us today on 01202 122277 for a free no obligation consultation, or fill in our online form. 

Last updated: 13th September 2024