1. Ownership Structure
Sole Proprietorship
- Owned and managed by a single individual
- The owner assumes full control and responsibility
- Cannot legally include partners without changing the business structure
- Best suited for individuals running small or personal businesses
Partnership
- Owned by two or more individuals who agree to share ownership
- Partners may contribute money, property, labor, or skills
- A partnership agreement usually outlines ownership proportions and roles
- Suitable for joint ventures or shared business goals
2. Decision-Making and Control
Sole Proprietorship
- The owner makes all business decisions independently
- Fast and flexible in operations due to single-person control
- No need for consultation or consent from others
Partnership
- Decisions are made jointly by the partners
- Requires consensus or majority (based on the partnership deed) for major decisions
- Disagreements can delay actions or create conflicts
3. Liability
Sole Proprietorship
- The owner has unlimited personal liability
- Personal assets are at risk for all business debts and obligations
- The business and the owner are the same in the eyes of the law
Partnership
- Unlimited liability applies to all partners (in general partnerships)
- Each partner is jointly and severally liable for business obligations
- Actions of one partner can bind the others legally and financially
4. Legal Identity and Registration
Sole Proprietorship
- Not a separate legal entity from the owner
- Registration is usually not required, though local licenses may apply
- Operates under the owner’s name or a trade name
Partnership
- Also not a separate legal entity, but considered distinct from partners for some legal matters
- Can be registered or unregistered under the Indian Partnership Act, 1932 (or similar local laws)
- A partnership deed formalizes the terms, roles, and profit-sharing
5. Profit Sharing and Taxation
Sole Proprietorship
- All profits belong to the sole owner
- Income is taxed as part of the owner’s personal income
Partnership
- Profits are divided among partners as per the agreed ratio
- In registered partnerships, the firm is taxed separately, and partners are taxed individually on their share
- Allows tax planning through income division among partners
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