What are the advantages of being a limited partner rather than a general partner?

A partnership is one of the ways you can set up a business. It involves two or more persons who wish to start a business together as partners with a common view of profit. Forming a limited partnership is a great idea for incorporating the skills and expertise of more than one individual into building a business team.

A limited partnership usually consists of:

  • General partners
  • Limited partners

Each category can comprise one or more individuals. A general partner is liable for the debts and obligations incurred by the company. A limited partner invests a certain sum of money in the business as capital and cannot be held liable for the debts incurred by the company beyond the amount he contributes.

A limited partnership has its fair share of advantages and disadvantages. It is important to understand these before you decide to form a company. In this article, we are going to shed some light on these.

Pros of a Limited Partnership

Setting up and running a limited partnership has a number of advantages. Following are a few of those:

1. Capital Amount is Quite Generous

Since a partnership comprises more than one individual, the amount contributed as capital is quite large. When a business goes into operation with a generous amount of funding, the scope for the business automatically increases. This results in greater flexibility and a surge in profit. A large capital amount forms a strong pillar for a business to stand on and is, therefore, critical to the development of a business.

2. Limited Partner Faces Limited Liability for Losses

One of the major advantages of running a limited partnership business is the sharing of responsibility among partners. Also, limited partners are not personally liable for the debts that the business runs into. They cannot be held liable beyond the amount they contribute to the business. This reduces the risk of putting personal assets in the line for repaying debts and obligations.

3. Shared Responsibility of Work

Working with partners provide the advantage of sharing the workload. Various partners will bring a variety of abilities and expertise to the table. Therefore, the workload can be split according to the skills, reducing the workload for each partner. The end product after combining the work of each partner would be a complete and detailed entity that is highly effective. Apart from the workload, the decision-making for companies also rests on the partners equally. This reduces the responsibility on any individual while maintaining a smooth workflow.

Cons of a Limited Partnership

A limited partnership bears a number of disadvantages. Some of these have been mentioned below.

1. Breach in Agreement

With partners, every individual’s opinion matters and should be taken into consideration. Partners may not agree in certain decisions and this could result in disputes. If such disagreements pile up and take a serious turn, then it could result in a breach in the agreement. Such a situation puts the entire business at risk. It might even lead to dissolving of the business altogether.

2. General Partners Bear Maximum Risk in Case of Debts

For a limited partnership, a general partner is personally liable for the debts that the partnership runs into. Therefore, in case the business goes bankrupt or is sued, general partners are at maximum risk since the entire responsibility falls on them. This puts general partners at a greater disadvantage than limited partners.

3. Limited Partners Do Not Have Much Say in Decision-making

Since the amount of liability that rests on the limited partners is quite less, their role in running the company is limited. Even though the limited partners exercise a fair share of power in the business, they do not have complete say in business decisions. This could lead to inconsistencies in decision-making and eventually, disputes may arise putting the entire partnership at risk.

Partnership is a very convenient forms of business if it can be operated skillfully. It is quite a simple business structure and do not require any complicated procedure to get it started. If maintained properly, then it could turn out to be quite successful. Therefore, it is always advisable to be careful while forming a partnership. A formal agreement could help immensely at a later stage.

The most important decision an entrepreneur can make is how to form his or her company. If a business owner has a partner or partners, frequently the most obvious choice is to form a partnership.

But, like everything, partnerships come with their own pros and cons. In fact, forming a partnership should be based on what is best for the company, not simply because there is more than one person involved in the business.

There are three types of partnerships - a general partnership, limited partnership, and limited liability partnership.

What are the advantages of being a limited partner rather than a general partner?

 

General Partnership

General partnerships consist of two or more partners who are both responsible for the business. They share the assets and profits, as well as the liabilities and management responsibilities for running the business.

Each of the individual general partners is taxed on his or her personal income tax return, which means they must include the business' income on their income tax returns.

Each partner can also deduct losses from the business on his or her own individual tax return. This pass-through tax treatment is one of the most beneficial advantages of forming a partnership. With pass-through tax treatment, filing is relatively easy. There is no taxation to the business itself. All income, deductions, and credits, "pass-through" to the individual partners and are reported on their individual tax returns.

Another benefit of general partnerships is their simplicity and flexibility. General partnerships are usually less expensive to form and require less paperwork and formalities than corporations, limited partnerships, or limited liability partnerships. General partnerships can choose a centralized management structure, like a corporation, or a completely decentralized structure, where every partner is actively involved in the management of the business. Other advantages of a general partnership are that the partners can combine resources and share the financial commitment.

There are disadvantages to general partnerships, principally liability. General partners are personally liable for the business debts and liabilities. Each partner is also liable for the debts incurred by the actions of other partners. Because of this potential personal liability, general partnerships are limited in their ability to raise money and attract investors.

Limited Partnership

If 100 percent liability is too much of a risk, a business owner may opt for either a limited partnership or a limited liability partnership. In a limited partnership, there are one or more general partners and one or more limited partners. The general partners participate in management and have 100 percent of the liability for partnership obligations.

Limited partners cannot participate in the management and have no liability for partnership obligations beyond their capital contributions, protecting them against personal liability for the partnership's debts and other obligations. They do, however, receive a share of the profits for their involvement as limited partners.

Many partnerships are formed as limited partnerships because the limited liability is attractive to passive investors. Many people find it easier to market limited partner interests, and general partners can raise money without involving outside investors in the management of the business.

Assets are also protected in a limited partnership. Unlike corporate law, which allows a shareholder's stock to be confiscated in a personal lawsuit, there are provisions that protect a partner's interest in a limited partnership from being taken away if the other partner gets sued. A limited partnership also enjoys the advantages of pass-through tax treatment, as it is taxed like a general partnership in that it is the profits and losses pass through to the partners who then include their allocated income on their personal tax returns.

Besides the obvious advantages of limited liability for limited partners, a limited partnership can also allow the general partners to use their expertise to make important decisions in managing the business.

However, having general partners can also be a disadvantage, in that they still assume 100% personal liability. Limited partnerships also have more filing formalities than a typical general partnership. In addition, limited partners lose all of their limited liability if they participate in any management functions within the company.

Limited Liability Partnership (LLP)

For the business owners who do not want to assume any liability whatsoever, there are limited liability partnerships (LLPs).

An LLP allows limited liability for all of the partners. Like general and limited partnerships, LLPs pass the profits and losses through to the partners, and LLPs have the flexibility of choosing either a centralized management structure or a completely decentralized structure like a general partnership.

Unlike a general partnership, partners in an LLP have limited liability and, unlike limited partners in a limited partnership, they do not lose their limited liability if they actively participate in management.

Probably the biggest disadvantage to forming an LLP is that it is available only for certain occupations, such as attorneys or physicians. This significantly limits the number of businesses that have LLP formation as an option.

In addition, a partner in an LLP is personally liable for his or her own negligence, or the negligence of an employee working under the partner's direct supervision. The partner is also personally liable for many types of obligations owed to business creditors, lenders, and landlords. The partner is not personally liable for the negligence of the other partners.

Before deciding on a business formation strategy, it's always smart to talk to your legal and tax professionals.

What advantages does a limited partnership have over a general partnership?

limited partnerships. The main difference between these partnerships is that general partners have full operational control of a business and unlimited liability. Limited partners have less liability and do not take part in day-to-day business operations.

What is the primary advantage of being a limited partner rather than a general partner?

This means that a limited partnership has most of the flexibility and tax advantages of an old fashioned partnership, with the added advantage of limited liability, like a company. So, a limited partnership has several possible advantages over a company: No double tax on income crossing borders.

What is the advantage to being a limited partner?

The main advantage for limited partners is that their personal liability for business debts is limited. A limited partner can only be held personally responsible up to the amount he or she invested. Limited partners enjoy a protected investment, knowing they cannot lose more money than they've contributed.

What is one of the advantages of being a limited partner as compared to a general partner in a partnership quizlet?

General partners have unlimited liability since they are the managers of the DPP and may be sued by limited partners for unlimited money. Limited partners have limited liability.