The folly of operating as a Sole Proprietor or as a Partner for Wealth Management

Unless the business is a professional practice, one should avoid to the largest extent, operating as a sole proprietor or a partner in a partnership, especially where such partnership is not the limited liability model.”

The reasons are numerous and varied as to why I believe that such a model may erode personal and family wealth. Take for instances the following.

i. Where the personal expenses comingle with business expenses and hence not all expenses are properly accounted for. In this instance the expenses claimed may not represent the full cost of running the business and the individual ends up paying much more in taxes than their fair share.

ii. Where assets comingle and depreciation/wear and tear may not be properly claimed thereby increasing the tax bill.

iii. A will would be required for transition management, and this may cause wealth erosion for the succeeding generation as they battle it in court for division of assets especially if the owner passes on intestate.

iv. The liability arising from operations of the business is not limited. The owner may therefore have claims arising from the business attaching to the personal assets.

v. It is difficult to raise financing as a business.

vi. There are no tax benefits.

vii. It requires personal attention, which is detrimental if absence of the individual is inevitable.

viii. Lack of diversity in strategy and formulation of ideas.

These are just a sample of the reasons that you should not operate a business as a sole proprietor. It could end up being a very lonely journey and opportunities may be lost in the process.

Is a Limited Liability Partnership a Wealth Management tool for you?

A limited partnership shall not unless specifically provided in the partnership agreement be dissolved by the death or bankruptcy of a limited partner, and the lunacy of a limited partner shall not be a ground for dissolution of the partnership by the court unless the lunatic’s share cannot be otherwise ascertained and realized.” http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/LimitedPartnershipsCap30.pdf

A limited liability partnership gives some flexibility at incorporation just like in basic partnerships but retains some aspects of a limited liability company characteristics.

Tax benefits of using a Registered Family Trust for Wealth Management

Creating a nest egg for future generations

The Finance Act 2021 introduced various Tax benefits of having a Registered Family Trust.

  1. Sections 52 and 117 of the Stamp Duty Act Cap. 480 have been amended to exempt the transfer or sale of property from Stamp Duty.

  2. Sections 11, 25, 26 and the First Schedule of the Income Tax Act Cap 470 have also been amended to confer some tax benefits to a Registered Family Trust

It appears therefore that the Government is interested in preservation of Family Wealth and therefore we should use this avenue to create and grow wealth, especially at the Family level.