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Choosing the right legal form: influence on liability and taxes

When it comes to setting up a business, one of the most important decisions to be made is choosing the right legal form. The legal form of a company can have a significant impact on the liability of the owners as well as the tax burden. In this article, we will take a closer look at how the choice of legal form affects these two important aspects.

Single entity: The simplest option

A sole proprietorship is the simplest and most straightforward way to start a business. This is a business run by a single person, without a separate legal entity. The owner is personally responsible for all business affairs and debts. This means that the owner's personal assets are at risk in the event of any business problems.

In terms of taxation, the income of the sole proprietorship is offset on the owner's personal income tax return. This can be beneficial in some cases as it is easier to manage finances. However, the tax burden may be higher than for other legal forms.

Limited liability company (GmbH): limited liability, tax advantages

The limited liability company is one of the most popular legal forms for businesses, available in many countries. A limited liability company offers the advantage of limited liability, which means that the owners' personal assets are usually protected from business debts. This is a key advantage as it reduces risk for the owners.

In terms of taxation, the limited company usually offers some tax advantages. It can retain profits in the company and tax them at a lower rate, which provides the opportunity to accumulate capital for future growth.

Stock company (AG): raising capital made easier

The joint stock company is a legal form often chosen for larger companies. Similar to the GmbH, it offers limited liability, but it also allows the issuance of shares, which makes it easier to raise capital. This makes the AG an attractive option for companies that plan to engage in the capital market.

In terms of taxation, the AG can have more complex tax structures, but it also offers opportunities for tax optimisation and distribution of profits to shareholders.

Conclusion

The choice of the right legal form is a crucial decision when setting up a company. It not only affects the liability of the owners, but also the tax burden of the company. It is advisable to seek legal advice at an early stage and to consider the individual needs and goals of the company. Ultimately, the legal form chosen should fit the company's long-term plans and provide the best possible conditions for success and growth.