The sole proprietorship is the simplest business structure with which to run. Unlike a corporation, a sole proprietorship is not a legal entity. It is a term that refers to an individual who owns a firm and is personally liable for its debts. A sole proprietorship may conduct business under its owner’s name or under a fictional name, such as Nancy’s Nail Salon. The fake name is merely a trade name; it does not establish a different legal entity from the sole proprietor.
Due to its simplicity, ease of setup, and low cost, the sole proprietorship is a popular business structure. A solo proprietor need just register his or her name and obtain necessary local permissions to conduct business. However, a significant disadvantage is that the sole proprietorship owner remains personally accountable for all firm debts. Thus, if a sole proprietorship falls into financial difficulties, creditors may file litigation against the proprietor. If such suits are successful, the owner will be forced to personally pay the business’s debts.
Related: How to Choose a Business Partner?
Because a sole proprietorship lacks a distinct legal identity, the owner often signs contracts in his or her own name. Customers will often write checks in the sole proprietor’s name, even if the business operates under a fictional name. Sole proprietors have the ability, and frequently do, to mix personal and business property and funds, which partnerships, LLCs, and corporations do not. Sole proprietorships frequently have bank accounts in the owner’s name. Sole proprietors are exempt from the formalities associated with more sophisticated business structures, such as voting and meetings. Sole proprietorships may file lawsuits (and may be sued) under their owner’s name. Numerous organizations begin as sole proprietorships and evolve into more complex business structures as they grow.
Due to the fact that a sole proprietorship cannot be distinguished from its owner, sole proprietorship taxation is fairly straightforward. A sole proprietorship’s revenue is its owner’s revenue. A sole proprietor discloses the income and/or losses and costs of the sole proprietorship by completing and filing a Schedule C along with the normal Form 1040. Profits and losses are initially reported on a tax form known as Schedule C, which is filed with your 1040. Then, the Schedule C “bottom-line amount” is transferred to your personal tax return. This is an appealing feature since business losses may be mitigated by income obtained from other sources.
As a sole proprietor, you must also file Form 1040 with a Schedule SE. You utilize Schedule SE to determine your self-employment tax liability. You are not have to pay unemployment tax on yourself, but you must on any employees of the business. Of course, you will not be eligible for unemployment benefits if the business fails.
Sole proprietors are personally accountable for all business debts. Let’s take a closer look at this because the potential liability is quite worrisome. Assume that a sole proprietor borrows money to operate, but the business loses a significant customer, fails to repay the loan, and is unable to repay the loan. The sole proprietor is personally liable for the loan’s principal amount, which may eat all of her personal assets.
If you want to take your small business to the next level, use workforce management software. From human capital management to creating employee schedules, you’re bound to find a workforce management software to get the job done.
Related: Defective Product Lawsuits in Texas
Consider the following scenario: the lone entrepreneur (or even one of her employees) gets engaged in a business-related accident that results in an injury or death. The subsequent negligence action may be pursued against the sole proprietor and her personal assets, including her bank account, retirement savings, and even her home.
Take the preceding paragraphs into consideration before deciding on a sole proprietorship as your business structure. Accidents can occur, and businesses fail on a regular basis. Any solo proprietorship that encounters such adversity is likely to swiftly devolve into a nightmare for its owner.
If a sole owner is injured by another party, he or she has the right to file a lawsuit in his or her own name. In contrast, if a corporation or limited liability business is injured by another party, the entity must file a claim in its corporate or limited liability company name.
Among the advantages of a sole proprietorship are the following:
- Owners can form a sole proprietorship quickly, easily, and affordably.
- Sole proprietorships are subject to few, if any, ongoing requirements.
- A sole proprietor is exempt from self-employment tax (although he or she must pay unemployment tax on employees).
- Owners may mix corporate and personal assets freely.
Among the downsides of a solo proprietorship are the following:
- Owners bear limitless personal culpability for the business’s debts, losses, and liabilities.
- Owners cannot raise funds through the sale of a stake in the business.
- Sole proprietorships rarely outlast their owners’ death or incapacity and hence lose value.
One of the wonderful characteristics of a sole proprietorship is its ease of formation. Purchasing and selling products or services is all that is required. Indeed, no formal filing or event is required to establish a sole proprietorship; the status evolves naturally as a result of one’s company activities.