Sole traders 043-03110000
This document outlines information on sole traders. A sole trader business is owned by one person only. Although there is generally a separate accounting structure, the business is not a legal entity. A person who is a sole trader directly owns the assets of a business and is exclusively entitled to all of the profits made by the business. A sole trader is also responsible for all of the debts of the business.
Examples of sole trader businesses
Many small businesses are owned and operated by one person as a sole trader. Larger businesses often initially commence operations in this manner.
Examples of sole trader businesses are cleaners, gardeners, home handymen and other self-employed subcontractors.
The business may be run in the owner's name or under a registered business name for example, J Bloggs trading as 'Brite-up Cleaning Services'.
Sole trader income and assets assessment under the Social Security Act 1991
For payments made under the Social Security Act 1991, the income from a sole trader business is the net income amount derived from the business operations.
The assets of a sole trader business are assessable assets of the owner. The amount to be taken into account for assets test purposes is the current market value of the assets, less the business liabilities (debts) listed on the business' balance sheet.
Sole trader business ceases
If a sole trader business has ceased to operate it is necessary to establish the circumstances why the business activity has ceased.
For example, is the closedown due to a change in the circumstances of the business, such as the loss of a major contract or major downturn in the industry, or is it a part of the normal seasonal cycle of activity applicable to the business?
Such factors will have a significant influence on the income and assets test assessment of the business.
Self-employed or an employee
Although a customer may run a business there can be situations in which the customer is working as an employee and is not self-employed.
For example, a contractor can be determined to be self-employed or an employee depending on their circumstances.
Consider all factors when determining self-employment. If a customer receives group certificates they will generally be considered an employee.
Contents
Documents required to assess a sole trader business
Completing the Business details MOD F
Assessing and coding the Business details for sole traders and partnerships MOD F
Commission sales persons considered as self-employed
Income for an independent contractor and commission income
Related links
Factors to determine self-employment
Primary production aggregation for sole traders
Business has ceased or has been sold