{"id":2570,"date":"2015-06-08T15:53:58","date_gmt":"2015-06-08T15:53:58","guid":{"rendered":"https:\/\/courses.candelalearning.com\/masterybusiness1xngcxmaster\/?post_type=chapter&#038;p=2570"},"modified":"2017-04-18T19:54:19","modified_gmt":"2017-04-18T19:54:19","slug":"sole-proprietorships","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-hccc-introbusiness\/chapter\/sole-proprietorships\/","title":{"raw":"Sole Proprietorships","rendered":"Sole Proprietorships"},"content":{"raw":"<div id=\"node_title_wrapper\">\r\n<h2 class=\"main_title\"><a href=\"https:\/\/s3-us-west-2.amazonaws.com\/courses-images\/wp-content\/uploads\/sites\/143\/2016\/10\/31170552\/16833752492_83c995b162_k.jpg\"><img class=\"aligncenter wp-image-8124\" src=\"https:\/\/s3-us-west-2.amazonaws.com\/courses-images\/wp-content\/uploads\/sites\/143\/2016\/10\/31170552\/16833752492_83c995b162_k-300x200.jpg\" alt=\"Photo of fishmonger\/shopkeeper in bright red apron, standing in front of his seafood store.\" width=\"600\" height=\"400\" \/><\/a><\/h2>\r\n<h2 class=\"main_title\"><span style=\"color: #333333;\">Introduction<\/span><\/h2>\r\n<\/div>\r\n<div id=\"mainContent\">\r\n<div id=\"content-area\">\r\n<div class=\"region region-content\">\r\n<div id=\"block-system-main\" class=\"block block-system block-odd first last clearfix\">\r\n<div class=\"block-inner\">\r\n<div class=\"content\">\r\n<div id=\"node-313021\" class=\"articles node node-articles node-sticky node-odd clearfix\">\r\n<div class=\"content clearfix\">\r\n<div class=\"field field-name-body field-type-text-with-summary field-label-hidden\">\r\n<div class=\"field-items\">\r\n<div class=\"field-item even\">\r\n\r\n<span style=\"color: #333333;\">A sole proprietorship is the simplest and most common legal\u00a0structure someone can choose. It's an unincorporated business owned and run by one individual in which there is no distinction between the business and the owner. If you own a sole proprietorship, you are entitled to all profits and are responsible for all your business\u2019s debts, losses, and liabilities.<\/span>\r\n<h2><span style=\"color: #333333;\"><strong>Forming a Sole Proprietorship<\/strong><\/span><\/h2>\r\n<span style=\"color: #333333;\">You don't have to take any formal action to form a sole proprietorship. As long as you are the only owner, this status automatically arises\u00a0from your business activities. In fact, you may already own one without knowing it. If you are a freelance writer, for example, you are a sole proprietor.<\/span>\r\n\r\n<span style=\"color: #333333;\">As is the case when you own\u00a0any kind of business, you may need to obtain the necessary licenses and permits. For example, certain businesses, like ones that sell alcohol or firearms, require a federal license or permit. Some states have requirements for other specific businesses. Additionally, some professions such as Certified Public Accountants (CPAs) may have licensing or certification requirements that must be met before you can promote yourself as engaging in that business or trade. Regulations vary by industry, state, and locality.\u00a0<\/span>\r\n\r\n<span style=\"color: #333333;\">If you choose to operate under a name different from\u00a0your own, you will most likely have to file a\u00a0<a style=\"color: #333333;\" href=\"http:\/\/www.sba.gov\/content\/register-your-fictitious-or-doing-business-dba-name\" target=\"_blank\">fictitious name<\/a>\u00a0(also known as an assumed name, trade name, or DBA name\u2014short for \"doing business as\"). \u00a0This document is usually filed in the records of the county or city in which you do business. This requirement exists\u00a0because if customers want to contact (or sue) the person running the business, the law requires the owner to\u00a0inform the public of the person behind the \"business.\" You must choose an original name; it cannot already be claimed by another business. In order to check the availability of a business name, business owners may search the database maintained by the State Secretary of State.\u00a0<\/span>\r\n<h2><span style=\"color: #333333;\"><strong>Sole Proprietor Taxes<\/strong><\/span><\/h2>\r\n<span style=\"color: #333333;\">Because you and your business are one and the same, the business itself is not taxed separately\u2014the sole proprietorship income is <em>your<\/em> income. \u00a0It\u2019s your responsibility to withhold and pay all income taxes, including self-employment\u00a0and estimated taxes.\u00a0<\/span>\r\n<h2><span style=\"color: #333333;\"><strong>Advantages of a Sole Proprietorship<\/strong><\/span><\/h2>\r\n<ul>\r\n \t<li><span style=\"color: #333333;\"><strong>Easy and inexpensive to form.<\/strong>\u00a0A sole proprietorship is the simplest and least expensive legal\u00a0structure to establish. Costs are minimal, with legal costs limited to obtaining the necessary license or permits.<\/span><\/li>\r\n \t<li><span style=\"color: #333333;\"><strong>Complete control<\/strong>. Because you are the sole owner of the business, you have complete control over all decisions. You aren\u2019t required to consult with anyone else when you need to make decisions or want to make changes.<\/span><\/li>\r\n \t<li><span style=\"color: #333333;\"><strong>Easy tax preparation<\/strong>. Your business is not taxed separately, so it\u2019s easy to fulfill the tax reporting requirements for a sole proprietorship. The tax rates are also the lowest of the legal\u00a0structures. However, sole proprietors are encouraged to consult a tax adviser regarding taxes that they may have to pay once\u00a0an employer is no longer withholding and remitting tax payments on their behalf.<\/span><\/li>\r\n<\/ul>\r\n<h2><span style=\"color: #333333;\"><strong>Disadvantages of a Sole Proprietorship <\/strong><\/span><\/h2>\r\n<ul>\r\n \t<li><span style=\"color: #333333;\"><strong>Unlimited personal liability<\/strong>. Because there is no legal separation between you and your business, you can be held personally liable for the debts and obligations of the business. This risk extends to any liabilities incurred as a result of employee actions. Individuals running a business as a sole proprietorship should carefully review their insurance policies on vehicles and equipment and\u00a0verify that they have adequate liability coverage. Some businesses may require specialized forms of insurance such as Worker's Compensation, Liability, or Errors &amp; Omissions. Checking coverage with a reputable insurance agent will help the owner identify potential risks and the insurance available to mitigate these risks.<\/span><\/li>\r\n \t<li><span style=\"color: #333333;\"><strong>Hard to raise money<\/strong>. Sole proprietors often face challenges when trying to raise money. Because you can\u2019t sell stock in the business, investors won't often invest. Banks are also reluctant\u00a0to lend to a sole proprietorship because of the perceived risk and uncertainty around repayment of funds if the business fails.<\/span><\/li>\r\n \t<li><span style=\"color: #333333;\"><strong>Heavy burden<\/strong>. The flip side of complete control is the burden and pressure it can bring. You alone are ultimately responsible for the successes and failures of your business.<\/span><\/li>\r\n<\/ul>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n<h2><span style=\"color: #333333;\">Example: TW's Construction<\/span><\/h2>\r\n<span style=\"color: #333333;\">Given how easy it is to establish a sole proprietorship, Tom decides that this is the form of ownership he'll choose. He doesn't need to borrow any money to start his business, and since he will be doing all the work himself, at this point he isn't worried that this type\u00a0of ownership will add additional burdens or stress. He also likes the idea that he is in control of which jobs he takes and who his customers are.<\/span>\r\n\r\n<span style=\"color: #333333;\">He\u00a0stops by his accountant's office and asks her about the taxes, because that part is still a little unclear to him. She explains that when Tom\u00a0was working for Bob the Builder, federal and state income taxes were withheld from his paychecks. Bob the Builder sent those funds to the IRS and state department of revenue on Tom's behalf. Those were\u00a0the taxes he got credit for when he filed his tax return at the end of the year. Bob the Builder also paid half his social security and medicare taxes for him. The company\u00a0also paid into the state unemployment insurance fund in case an employee ever filed for unemployment benefits. The accountant\u00a0tells\u00a0Tom that now, as a sole proprietor, he'll need to plan for taxes throughout the year, not just in April\u2014no one else will be withholding or paying taxes\u00a0for him. This is depressing news, but Tom is happy to learn that he may be able to deduct\u00a0many of the expenses he incurs in the course of operating his business. These include things like his work van, tools he purchases, office supplies, and possibly the small office he has set up in his home. \u00a0She recommends that Tom come see her at the end of each fiscal quarter (March, June, September, and December) to make sure that he is on track with his taxes for the year. He thinks this is great advice and schedules the appointments on the spot.<\/span>\r\n\r\n<span style=\"color: #333333;\">After leaving the accountant's office, he goes to the courthouse and files his DBA certificate (for the name of his business) and begins operating as a sole proprietorship: TW's Construction. Lastly, he stops by his insurance agent and makes sure that he has the proper insurance on his vehicles and equipment, verifying that he has sufficient liability insurance to cover any potential claims against him.<\/span>\r\n\r\n<span style=\"color: #333333;\">He heads home to start calling homeowners and setting up appointments to bid on jobs. He has joined the ranks of the self-employed!<\/span>\r\n<h2>Check Your Understanding<\/h2>\r\nAnswer the question(s) below to see how well you understand the topics covered above. This short quiz does <strong>not<\/strong> count toward your grade in the class, and you can retake it an unlimited number of times.\r\n\r\nUse this quiz to check your understanding and decide whether to (1) study the previous section further or (2) move on to the next section.\r\n\r\nhttps:\/\/assessments.lumenlearning.com\/assessments\/3004","rendered":"<div id=\"node_title_wrapper\">\n<h2 class=\"main_title\"><a href=\"https:\/\/s3-us-west-2.amazonaws.com\/courses-images\/wp-content\/uploads\/sites\/143\/2016\/10\/31170552\/16833752492_83c995b162_k.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-8124\" src=\"https:\/\/s3-us-west-2.amazonaws.com\/courses-images\/wp-content\/uploads\/sites\/143\/2016\/10\/31170552\/16833752492_83c995b162_k-300x200.jpg\" alt=\"Photo of fishmonger\/shopkeeper in bright red apron, standing in front of his seafood store.\" width=\"600\" height=\"400\" \/><\/a><\/h2>\n<h2 class=\"main_title\"><span style=\"color: #333333;\">Introduction<\/span><\/h2>\n<\/div>\n<div id=\"mainContent\">\n<div id=\"content-area\">\n<div class=\"region region-content\">\n<div id=\"block-system-main\" class=\"block block-system block-odd first last clearfix\">\n<div class=\"block-inner\">\n<div class=\"content\">\n<div id=\"node-313021\" class=\"articles node node-articles node-sticky node-odd clearfix\">\n<div class=\"content clearfix\">\n<div class=\"field field-name-body field-type-text-with-summary field-label-hidden\">\n<div class=\"field-items\">\n<div class=\"field-item even\">\n<p><span style=\"color: #333333;\">A sole proprietorship is the simplest and most common legal\u00a0structure someone can choose. It&#8217;s an unincorporated business owned and run by one individual in which there is no distinction between the business and the owner. If you own a sole proprietorship, you are entitled to all profits and are responsible for all your business\u2019s debts, losses, and liabilities.<\/span><\/p>\n<h2><span style=\"color: #333333;\"><strong>Forming a Sole Proprietorship<\/strong><\/span><\/h2>\n<p><span style=\"color: #333333;\">You don&#8217;t have to take any formal action to form a sole proprietorship. As long as you are the only owner, this status automatically arises\u00a0from your business activities. In fact, you may already own one without knowing it. If you are a freelance writer, for example, you are a sole proprietor.<\/span><\/p>\n<p><span style=\"color: #333333;\">As is the case when you own\u00a0any kind of business, you may need to obtain the necessary licenses and permits. For example, certain businesses, like ones that sell alcohol or firearms, require a federal license or permit. Some states have requirements for other specific businesses. Additionally, some professions such as Certified Public Accountants (CPAs) may have licensing or certification requirements that must be met before you can promote yourself as engaging in that business or trade. Regulations vary by industry, state, and locality.\u00a0<\/span><\/p>\n<p><span style=\"color: #333333;\">If you choose to operate under a name different from\u00a0your own, you will most likely have to file a\u00a0<a style=\"color: #333333;\" href=\"http:\/\/www.sba.gov\/content\/register-your-fictitious-or-doing-business-dba-name\" target=\"_blank\">fictitious name<\/a>\u00a0(also known as an assumed name, trade name, or DBA name\u2014short for &#8220;doing business as&#8221;). \u00a0This document is usually filed in the records of the county or city in which you do business. This requirement exists\u00a0because if customers want to contact (or sue) the person running the business, the law requires the owner to\u00a0inform the public of the person behind the &#8220;business.&#8221; You must choose an original name; it cannot already be claimed by another business. In order to check the availability of a business name, business owners may search the database maintained by the State Secretary of State.\u00a0<\/span><\/p>\n<h2><span style=\"color: #333333;\"><strong>Sole Proprietor Taxes<\/strong><\/span><\/h2>\n<p><span style=\"color: #333333;\">Because you and your business are one and the same, the business itself is not taxed separately\u2014the sole proprietorship income is <em>your<\/em> income. \u00a0It\u2019s your responsibility to withhold and pay all income taxes, including self-employment\u00a0and estimated taxes.\u00a0<\/span><\/p>\n<h2><span style=\"color: #333333;\"><strong>Advantages of a Sole Proprietorship<\/strong><\/span><\/h2>\n<ul>\n<li><span style=\"color: #333333;\"><strong>Easy and inexpensive to form.<\/strong>\u00a0A sole proprietorship is the simplest and least expensive legal\u00a0structure to establish. Costs are minimal, with legal costs limited to obtaining the necessary license or permits.<\/span><\/li>\n<li><span style=\"color: #333333;\"><strong>Complete control<\/strong>. Because you are the sole owner of the business, you have complete control over all decisions. You aren\u2019t required to consult with anyone else when you need to make decisions or want to make changes.<\/span><\/li>\n<li><span style=\"color: #333333;\"><strong>Easy tax preparation<\/strong>. Your business is not taxed separately, so it\u2019s easy to fulfill the tax reporting requirements for a sole proprietorship. The tax rates are also the lowest of the legal\u00a0structures. However, sole proprietors are encouraged to consult a tax adviser regarding taxes that they may have to pay once\u00a0an employer is no longer withholding and remitting tax payments on their behalf.<\/span><\/li>\n<\/ul>\n<h2><span style=\"color: #333333;\"><strong>Disadvantages of a Sole Proprietorship <\/strong><\/span><\/h2>\n<ul>\n<li><span style=\"color: #333333;\"><strong>Unlimited personal liability<\/strong>. Because there is no legal separation between you and your business, you can be held personally liable for the debts and obligations of the business. This risk extends to any liabilities incurred as a result of employee actions. Individuals running a business as a sole proprietorship should carefully review their insurance policies on vehicles and equipment and\u00a0verify that they have adequate liability coverage. Some businesses may require specialized forms of insurance such as Worker&#8217;s Compensation, Liability, or Errors &amp; Omissions. Checking coverage with a reputable insurance agent will help the owner identify potential risks and the insurance available to mitigate these risks.<\/span><\/li>\n<li><span style=\"color: #333333;\"><strong>Hard to raise money<\/strong>. Sole proprietors often face challenges when trying to raise money. Because you can\u2019t sell stock in the business, investors won&#8217;t often invest. Banks are also reluctant\u00a0to lend to a sole proprietorship because of the perceived risk and uncertainty around repayment of funds if the business fails.<\/span><\/li>\n<li><span style=\"color: #333333;\"><strong>Heavy burden<\/strong>. The flip side of complete control is the burden and pressure it can bring. You alone are ultimately responsible for the successes and failures of your business.<\/span><\/li>\n<\/ul>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<h2><span style=\"color: #333333;\">Example: TW&#8217;s Construction<\/span><\/h2>\n<p><span style=\"color: #333333;\">Given how easy it is to establish a sole proprietorship, Tom decides that this is the form of ownership he&#8217;ll choose. He doesn&#8217;t need to borrow any money to start his business, and since he will be doing all the work himself, at this point he isn&#8217;t worried that this type\u00a0of ownership will add additional burdens or stress. He also likes the idea that he is in control of which jobs he takes and who his customers are.<\/span><\/p>\n<p><span style=\"color: #333333;\">He\u00a0stops by his accountant&#8217;s office and asks her about the taxes, because that part is still a little unclear to him. She explains that when Tom\u00a0was working for Bob the Builder, federal and state income taxes were withheld from his paychecks. Bob the Builder sent those funds to the IRS and state department of revenue on Tom&#8217;s behalf. Those were\u00a0the taxes he got credit for when he filed his tax return at the end of the year. Bob the Builder also paid half his social security and medicare taxes for him. The company\u00a0also paid into the state unemployment insurance fund in case an employee ever filed for unemployment benefits. The accountant\u00a0tells\u00a0Tom that now, as a sole proprietor, he&#8217;ll need to plan for taxes throughout the year, not just in April\u2014no one else will be withholding or paying taxes\u00a0for him. This is depressing news, but Tom is happy to learn that he may be able to deduct\u00a0many of the expenses he incurs in the course of operating his business. These include things like his work van, tools he purchases, office supplies, and possibly the small office he has set up in his home. \u00a0She recommends that Tom come see her at the end of each fiscal quarter (March, June, September, and December) to make sure that he is on track with his taxes for the year. He thinks this is great advice and schedules the appointments on the spot.<\/span><\/p>\n<p><span style=\"color: #333333;\">After leaving the accountant&#8217;s office, he goes to the courthouse and files his DBA certificate (for the name of his business) and begins operating as a sole proprietorship: TW&#8217;s Construction. Lastly, he stops by his insurance agent and makes sure that he has the proper insurance on his vehicles and equipment, verifying that he has sufficient liability insurance to cover any potential claims against him.<\/span><\/p>\n<p><span style=\"color: #333333;\">He heads home to start calling homeowners and setting up appointments to bid on jobs. He has joined the ranks of the self-employed!<\/span><\/p>\n<h2>Check Your Understanding<\/h2>\n<p>Answer the question(s) below to see how well you understand the topics covered above. This short quiz does <strong>not<\/strong> count toward your grade in the class, and you can retake it an unlimited number of times.<\/p>\n<p>Use this quiz to check your understanding and decide whether to (1) study the previous section further or (2) move on to the next section.<\/p>\n<p>\t<iframe id=\"lumen_assessment_3004\" class=\"resizable\" src=\"https:\/\/assessments.lumenlearning.com\/assessments\/load?assessment_id=3004&#38;embed=1&#38;external_user_id=&#38;external_context_id=&#38;iframe_resize_id=lumen_assessment_3004\" frameborder=\"0\" style=\"border:none;width:100%;height:100%;min-height:400px;\"><br \/>\n\t<\/iframe><\/p>\n\n\t\t\t <section class=\"citations-section\" role=\"contentinfo\">\n\t\t\t <h3>Candela Citations<\/h3>\n\t\t\t\t\t <div>\n\t\t\t\t\t\t <div id=\"citation-list-2570\">\n\t\t\t\t\t\t\t <div class=\"licensing\"><div class=\"license-attribution-dropdown-subheading\">CC licensed content, Original<\/div><ul class=\"citation-list\"><li>Revision and adaptation. <strong>Provided by<\/strong>: Lumen Learning. <strong>License<\/strong>: <em><a target=\"_blank\" rel=\"license\" href=\"https:\/\/creativecommons.org\/licenses\/by\/4.0\/\">CC BY: Attribution<\/a><\/em><\/li><li>Check Your Understanding. <strong>Authored by<\/strong>: Lumen Learning. <strong>License<\/strong>: <em><a target=\"_blank\" rel=\"license\" href=\"https:\/\/creativecommons.org\/licenses\/by\/4.0\/\">CC BY: Attribution<\/a><\/em><\/li><\/ul><div class=\"license-attribution-dropdown-subheading\">CC licensed content, Shared previously<\/div><ul class=\"citation-list\"><li>Portrait of a Fishmonger. <strong>Authored by<\/strong>: Peter B.. <strong>Located at<\/strong>: <a target=\"_blank\" href=\"https:\/\/www.flickr.com\/photos\/schermpeter42\/16833752492\/\">https:\/\/www.flickr.com\/photos\/schermpeter42\/16833752492\/<\/a>. <strong>License<\/strong>: <em><a target=\"_blank\" rel=\"license\" href=\"https:\/\/creativecommons.org\/licenses\/by-nc-nd\/4.0\/\">CC BY-NC-ND: Attribution-NonCommercial-NoDerivatives <\/a><\/em><\/li><\/ul><div class=\"license-attribution-dropdown-subheading\">Public domain content<\/div><ul class=\"citation-list\"><li>Choose Your Business Structure. <strong>Provided by<\/strong>: Small Business Association. <strong>Located at<\/strong>: <a target=\"_blank\" href=\"https:\/\/www.sba.gov\/starting-business\/choose-your-business-structure\/sole-proprietorship%20\">https:\/\/www.sba.gov\/starting-business\/choose-your-business-structure\/sole-proprietorship%20<\/a>. <strong>License<\/strong>: <em><a target=\"_blank\" rel=\"license\" href=\"https:\/\/creativecommons.org\/about\/pdm\">Public Domain: No Known Copyright<\/a><\/em><\/li><\/ul><\/div>\n\t\t\t\t\t\t <\/div>\n\t\t\t\t\t <\/div>\n\t\t\t <\/section>","protected":false},"author":124,"menu_order":5,"template":"","meta":{"_candela_citation":"[{\"type\":\"pd\",\"description\":\"Choose Your Business Structure\",\"author\":\"\",\"organization\":\"Small Business 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