Starting a Business

What’s a Sole Proprietor?

What is a sole proprietor? A sole proprietor is not a legal entity. The IRS defines a sole proprietor as someone who owns an unincorporated business. A sole proprietorship is a simple, default entity formation. It is not legally separate from its owner.

What does sole proprietor mean? How do you know what business to form as a sole proprietor? Let’s look at the advantages and disadvantages of this formation. Likewise, we will share when a sole proprietor may form an LLC.

Starting a Sole Proprietorship

Sole proprietors are low-risk. This means a business may start out unincorporated if it is low risk in nature. The same is true for businesses that require little investment to start up. You may name the business after yourself. Likewise, you may file for a doing business as name (DBA). This is a trade name under which you will do business.

This formation is affordable and requires little filing paperwork. The owner receives all the business profit. They will report all profits and losses on the individual’s tax return.

This individual may be their own boss. They have flexibility in the role to set their own hours. A sole proprietor spends time doing work they are passionate about. They may exercise full control as the business owner.

However, a sole proprietor also assumes full responsibility. This is responsibility for anything — good or bad — that may impact the business.

For example, let’s say there is business risk. A sole proprietor is an unincorporated business. As a result, it is not treated as a separate legal entity. As such, the owner, is personally responsible for any liabilities.

Types of Sole Proprietorships

Sole proprietors often begin as very small businesses. An entrepreneur may pursue a hobby they enjoy. For example, writing or photography. Consequently, these businesses often start with a small customer base.

Gradually, this hobby may grow its customer base, expand its offerings, and start to earn a profit. As soon as you start reporting your income to the IRS, this hobby officially engages in business activity. It then graduates into a sole proprietorship.

What are some types of hobbies that may eventually turn a profit? Here are a few examples:

  • Writing. This includes ghostwriting, blogging, and freelancing for online outlets.
  • Video blogging or streaming.
  • Photography.
  • Artist.
  • Tutor.
  • Lawn care provider.
  • Yoga instructor.
  • Freelance professionals, which may include consultants, designers, writers, developers, and speakers.

Remember that a sole proprietor is usually a business with limited growth potential. It also has low overhead expenses. As the business grows its customer base and increases its profit, it will need to consider incorporating as a legal business structure.

Sole Proprietor Advantages

We understand what is a sole proprietor. Now, let’s review the advantages.

  • Ideal for individuals that wish to exercise full control over their business.
  • A good fit for low-risk small businesses.
  • Inexpensive.
  • Easy to form and set up with little paperwork.

Sole Proprietor Disadvantages

Here are some of the disadvantages of starting a sole proprietorship.

  • No limited liability protection. A sole proprietor is unincorporated. It is not legally separate from its owner. The owner’s personal assets may be at risk in the event of an unforeseen circumstance such as a lawsuit. These assets may include cars and houses.
  • Taxes. Taxes are significantly more expensive. Incorporating a business provides tax benefits including the ability to elect an S Corp filing. This allows owners to avoid double taxation. However, a sole proprietor is considered self-employed. As such, they must pay both income tax and self-employment tax, which covers Social Security and Medicare obligations, each year. This may add up to an expensive tax bill.
  • Funding difficulty. It will be difficult to raise capital, receive a loan, or interest inventors in an unincorporated business. Without a formal business structure, your sole proprietorship may be seen as unprofessional through the eyes of investors.

Should You Form an LLC?

It is possible to run an unincorporated business. As such, you may continue to act as a sole proprietor.

However, it may be wise to incorporate a business. This is helpful for business growth. Forming an LLC provides your business with limited liability protection. In conclusion, this ensures the business receives structure throughout its lifecycle.

Let MyCorporation assist you in forming an LLC. Visit us at mycorporation.com or call us at 877-692-6772 to incorporate today.

Deborah Sweeney

Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With extensive experience in the field of corporate and intellectual property law, Deborah provides insightful commentary on the benefits of incorporation and trademark registration.

Education: Deborah received her Juris Doctor and Master of Business Administration degrees from Pepperdine University, and has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in corporate and intellectual property law.

Experience: After becoming a partner at LA-based law firm, Michel & Robinson, she became an in-house attorney for MyCorporation, formerly a division in Intuit. She took the company private in 2009 and after 10 years of entrepreneurship sold the company to Deluxe Corporation. Deborah is also well-recognized for her written work online as a contributing writer with some of the top business and entrepreneurial blogging sites including Forbes, Business Insider, SCORE, and Fox Business, among others.

Fun facts/Other pursuits: Originally from Southern California, Deborah enjoys spending time with her husband and two sons, Benjamin and Christopher, and practicing Pilates. Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Deborah, and MyCorporation, have previously been honored by the San Fernando Valley Business Journal’s List of the Valley’s Largest Women-Owned Businesses in 2012. MyCorporation received the Stevie Award for Best Women-Owned Business in 2011.

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