Sole Proprietor

Legal Registration

June 9, 2022, midnight

Sole Proprietor

Our organization is here to help you become a sole proprietor of a business. So, what is a sole proprietor? It is a person that owns an unincorporated business of his or her own. A sole proprietorship features a simple structure for starting a company. Through a proprietorship, you can own and run an unincorporated business. This means you become entitled to all profits. But you must also account for business debts, liabilities, and losses. Please scroll down to learn more about sole proprietorships. If you have any questions, do not hesitate to pick up the phone and call our organization.

What Are Sole Proprietorships?

The term “sole proprietorship” also refers to “proprietorship” and “sole trader.” It functions as an unincorporated business with one owner. The owner pays personal income tax based on business profits. A sole proprietorship is the simplest form of business to establish. Why? Because there aren’t many associated US government regulations. That’s why this type of business is popular with all sorts of small business owners. Plus, many consultants and individual self-contractors also use proprietorships. The majority of sole proprietors operate businesses using their own full names. That’s because they do not need to create separate trade or business names.

Creating a Sole Proprietorship

An individual does not need to take formal action to establish a sole proprietorship. Do you plan to operate a company as one single business owner? If so, sole ownership comes via your business activities. In fact, sometimes people own sole proprietorships without even knowing they do. For example, say that you work as a freelance writer. That means that the government classifies you as a sole proprietor.

Like any other business, a sole proprietor must secure certain permits and licenses. Regulations will vary based on your state, industry, and other factors. Please contact the LegalRegistration.com team for help receiving permits and licenses. Our experts can help you get state, federal, and local registration taken care of.

Say that you do not want to operate your business using your name. This means you should file a fictitious name. The concept refers to a DBA name, trade name, or assumed name. When deciding on a name, it has to function as an original, legal name. You cannot use a name that another business already uses.

Taxes for Sole Proprietors

Operating as a sole proprietor means that you and your business are the same entity. The business does not get taxed on a separate basis. Thus, sole proprietorship income functions as your own income. You must report losses, income, and expenses to the US government. You can do this through both a standard Form 1040 and a Schedule C.

A Schedule C will feature a bottom-line amount. That amount then transfers to a personal tax return. Remember, sole proprietors have a responsibility. They must pay and withhold their income taxes. This includes estimated taxes and self-employment taxes. We recommend that you view the IRS website for more information. Or, you can contact our organization.

The Advantages of Having a Sole Proprietorship

There are many key advantages associated with having a sole proprietorship. First, a proprietorship is cheap and easy to create. In fact, it’s the least expensive and most simple business structure. There are very few costs associated with having a proprietorship. The only legal cost involves securing licenses and permits for a business.

Business owners enjoy that they can maintain full control with proprietorships. Say that you’re operating as the sole owner of your own business. That means you receive complete control over every business decision. There is no rule that you have to consult with any other individual. Instead, you can make changes to your business at any moment. The tax preparation phase is also simple and easy. Your business will not get taxed on a separate basis. This makes tax reporting and filing convenient for every sole proprietor. Also, sole proprietorships feature very low tax rates. All other business structures have higher tax rates.

How a Sole Proprietorship Functions

A sole proprietorship is not like a corporation (corp.) or a limited liability company (LLC). Every proprietorship is also very different from a limited liability partnership (LLP). That’s because you do not create a separate legal entity through a proprietorship. This means that a business owner does not have exemptions from liabilities. Here is an example. Say that a sole proprietorship struggles with debt. All debts of the proprietor become debts of the owner of the business. But there is a positive aspect to this legal concept. The profits of a proprietorship also serve as individual profits of a business owner.

LLC Special Considerations

Let’s say that a sole proprietor desires to incorporate his or her business. The owner will often restructure the business into an LLC. An owner has to first figure out if the name of the business is available as an LLC. If it is, the owner will file articles of organization. This takes place through the state office where a business operates. Now, say that paperwork gets filed. The business owner has to craft the LLC operating agreement. How Long Does It Take To Get an LLC?

An LLC operating agreement dictates the business structure of a company. Next, the business owner must secure an EIN: employer identification number. The EIN functions like an SSN (Social Security Number) for businesses and LLCs. Our organization can help you secure an EIN through the IRS (Internal Revenue Service). The Best State for LLC.

How Can I Create a Sole Proprietorship?

Here is what you need to do when creating a sole proprietorship. First, begin starting your business without any legal plans in mind. After all, you do not need to register a proprietorship with the state government. But try to dream up a company name that no one else in your state uses. Then, you can begin applying for permits and licenses in your state and city.

Do you plan to hire employees as a proprietor? If so, you will need to get an EIN (employee identification number). Many new business owners assume that you can get an EIN from the SBA. But that is not the case. The Small Business Administration cannot provide EIN numbers. Instead, only the IRS will provide them. Does your business plan to sell taxable products? If so, you must register your proprietorship with the state government. What Is the Difference Between Tax ID and EIN?

Does “Sole Proprietor” Mean “Self-Employed?”

Yes. Operating a sole proprietorship is the same as working under a self-employed designation. Why? Because sole proprietors never work for a boss or company. Instead, proprietors only work for themselves. As a result, each proprietor has self-employed legal status.

Is It Difficult To File Taxes as a Sole Proprietor?

No. Filing taxes as a sole proprietor is a simple process. The first action a business owner takes is filling out a standard 1040 tax form. This tax form refers to all individual taxes. Then, the proprietor can fill out a Schedule C form. That form reports all profit and loss for a business. The sole tax amount owed gets based on combined income. This means that you combine the Schedule C total with the Form 1040 total.

Is It Better To Form a Sole Proprietorship or an LLC?

An LLC and a sole proprietorship are both quality options for any business owner. It depends on what you envision your business doing. Sole proprietorships are better for small businesses without much risk. These businesses expect low risk and high profits. This means that the business will not feature a wide range of buyers and customers. Instead, the small business will have a small and dedicated group of customers.

Many sole proprietorships begin as hobbies. Years later, they start to become a certain type of business. Start an LLC for the opposite reasons written above. Say that your business model has some risks involved. But there is a chance to draw very large profits and a huge following of customers. In that case, consider creating an LLC. Plus, there are certain tax structures that benefit LLC business owners. Please browse our website to learn more about the benefits of creating an LLC.

How Can I Convert My Sole Proprietorship Into an LLC?

Converting any sole proprietorship into an LLC is not a complicated process. The first step is to file LLC articles of organization with a state secretary. Then, you must refile the DBA (doing business as). This way, you can hold on to your company name. The final step is to secure an EIN number. You must get an EIN from the IRS. Do I Need a Lawyer To Start an LLC?

What Are the Differences Between LLCs & Sole Proprietorships?

An LLC is a limited liability company. It functions as a legal entity with formation taking place at the state level. Each LLC exists in separate legal classification from its owners. The “owners” of an LLC refer to its “members.” The members do not have any responsibility for liabilities and business debts. Instead, only the LLC has legal responsibility.

Meanwhile, each sole proprietorship functions as an unincorporated business. One person owns and runs each sole proprietorship. Operating as a proprietor is more simple than working as the owner of an LLC. Plus, a proprietor receives all profits from his or her business. But here is the only negative aspect of owning a proprietorship. Unlike an LLC, the proprietorship carries complete responsibility for business liability.

LLC & Proprietorship Management Structures

Through an LLC a business can become owned by at least one member. The members almost always manage the business aspects of an LLC. But members can also appoint a separate manager who handles day-to-day operations. An LLC operating agreement states how membership of an LLC takes place. Through a sole proprietorship, you can act as the only boss and call all the shots. That’s because a proprietor does not have to work with members or partners.

Personal Liability Protection

With an LLC, all personal assets of a business owner stay separate from legal issues. This concept applies to business debt collection or any other claims in a lawsuit. In most cases, a creditor will not go after a car, house, or a personal bank account.

A sole proprietorship features the opposite concept. Nothing separates a proprietor from his or her business. The owner of the company becomes entitled to all the profits. But the owner also must take care of all legal obligations and debts. Say that something negative happens to employees at a proprietorship. The business owner can become liable.

Can I Mix My Personal Finances & Business Funds?

A sole proprietor never has to worry about mixing personal and business accounts. Through a legal perspective, the two entities are the same. But business owners should still exercise caution in case legal problems happen. In an LLC, an owner must exercise even more caution. All banking funds and records have to stay separate from personal funds and records. Violating this policy can lead to big-time consequences. For example, the business owner could lose limited liability protection.

Do I Need To Register a Business Name?

State regulation of LLCs enforces the creation of business names. Here is an example. Terms like “LLC” or “limited liability company” might have to get included in a name. But name registration can give a business protection within a state. Meanwhile, sole proprietors do not have to register business names. But say that a proprietor wants to operate using a company name. (Instead of a personal name.) The business owner must then register a DBA or fictitious business name. Registration takes place in the home state.

The Tax Implications of Proprietors & LLCs

Each profit that an LLC makes only gets taxed one time by default. This concept refers to pass-through taxation. Tax liability will belong to an LLC business owner. The liability carries over to a personal tax return. Say that the business owner files taxes. He or she reports operating results include profit or loss. This takes place through a 1040 form or a Schedule C. Plus, the business owner must provide a personal 1040 tax return. Anonymous LLC Texas Services.

Meanwhile, a sole proprietorship files a Profit or Loss From Business document. Each proprietor can also benefit by way of pass-through taxation. That is why reporting profit or loss takes place in the same manner as an LLC. But here is the key difference. A proprietor never files taxes as a corporation. Plus, a proprietor does not have to pay taxes based on proprietorship income. Instead, the proprietor pays taxes based only on the profit of the company.

Do You Have Questions About Sole Proprietorships? Contact Us Now

The LegalRegistration.com team is ready to answer all your questions. We can set up a proprietorship or walk you through key steps if you already have a business. All you’ve got to do is pick up the phone and give us a call right now. Our experts cannot wait to position you and your company for long-term success. We look forward to serving as your go-to resource for all types of legal registration. Legal Registration Archives.

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