Question Tag: Company

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A partnership and a company are similar in some respects, but they are different in many ways.
Required:
Explain any THREE differences between a partnership and a company. (6 Marks)

i. A company has a separate legal personality upon incorporation, while a partnership does not have a separate legal personality.

ii. Partnerships do not require a specific legal formality for formation, while a company must be incorporated with necessary documents.

iii. The liability of company members is limited to their shareholding, but partners in a partnership have unlimited liability except in the case of limited partners.

State the Basis Periods for the following persons as provided in the Income Tax Act, 2015 (Act 896):

i) A sole proprietorship
ii) A company
iii) A trust
iv) A partner of a partnership

The Basis Periods for the different persons are as follows:

i) Sole Proprietorship: The basis period for a sole proprietor is the calendar year (January to December).
ii) Company: The basis period for a company is its accounting year, which may vary depending on the company’s financial reporting period.
iii) Trust: The basis period for a trust is the accounting year of the trust.
iv) Partner of a Partnership: The basis period for a partner in a partnership is the calendar year (January to December).