Home Blog What Are Sole Proprietorships?

What Are Sole Proprietorships?

Jump to Section

What Are Sole Proprietorships?

Sole proprietorships are a type of unincorporated business where one person is the owner. This individual is responsible for all aspects of the business. So, if you have a business partner or want to run your business as a corporation, such as an LLC, you can't do it as a sole proprietorship. For many entrepreneurs, sole proprietorships are ideal because they're a relatively inexpensive way to start your own business. In fact, they're so simple and easy to set up that more than 70% of U.S. businesses are sole proprietorships.

ContractsCounsel Sole Proprietorships

Image via Unsplash by awcreativeut

As a sole proprietor, you can operate under your own name or choose a pseudonym. Creating a fictitious name, also known as a DBA (doing business as) or trade name, does not make your sole proprietorship a separate entity. In other words, you'll still be fully responsible for your business's financial obligations.

Although you don't typically have to register sole proprietorships with the state, you'll need to make sure that you obtain the proper licensing and permits for your business from your local city and county offices. The paperwork you need will vary depending on the type of business you operate.

Here are some examples of businesses and people that run as sole proprietorships:

  • Hair salons
  • Housekeepers
  • Freelancers
  • Consultants
  • Caterers
  • Daycare owners
  • Independent contractors
  • Tutors
  • Bakers and chefs
  • Landscapers
  • Graphic designers

The ease of starting a sole proprietorship and the idea of being your own boss may appeal to you, but this type of business structure isn't right for everyone. It doesn't give the owner any protection for their personal assets, but owners do reap the full rewards of all profits they make. Despite the simplicity of starting this type of business, you need to follow certain steps to ensure that you make the most of your business endeavor.

Starting a Sole Proprietorship

Sole proprietorships aren't for everyone, so you need to carefully consider whether or not this is the right business structure for you. Due to the simplicity of starting sole proprietorships, many people want to take this route. However, you should keep in mind that you can't have a partner or be considered a corporation of any kind if your business is a sole proprietorship. If you think your business may need either of these things in the future, reconsider operating as a sole proprietorship.

If you've come to the conclusion that starting a sole proprietorship is right for you, then you probably have some questions , such as "where do I begin?" After you've decided on the type of business you plan to operate, you'll want to take the following steps:

  1. Choose a business name. If you choose to do business as a sole proprietor, you'll have to decide whether or not you want to operate under your own name or a fictitious name. This doesn't really affect the day-to-day operations of your business, but it will help you start the process of making your sole proprietorship legitimate.
  2. Register your business name (or DBA). The name you choose for your business must be original, and you will need to register it through the proper channels in your area.
  3. Purchase a domain name. Most modern businesses need a website. So, unless you plan to forgo this, you'll need to get a domain name — note that this has to be original as well.
  4. Obtain licensing and permits. Once you know the name you want your business to operate under, you can go to your local city and county offices to get, fill out, and return any of the paperwork necessary to obtain the proper permits and licensing for your business. Although you aren't always required to have licensing or permits, it's a good idea to check what's needed in the area you plan to do business.
  5. Get an employee identification number (EIN). For sole proprietors that plan on having employees, you'll need to get an employee identification number issued to you. You can easily do this online, and it's free.
  6. Open a business bank account. Opening a bank account for your business is also a good idea. Although sole proprietorships aren't required to have their business and personal finances separate, doing so can simplify your life when it's time for taxes.
  7. Get the right insurance. Another essential aspect you shouldn't overlook as a sole proprietor is insurance. The type and amount of insurance you need will differ depending on your business. Make sure that you get the right amount of insurance for you and your business so that you're covered in the event of an emergency.
  8. Take care of your taxes on time. On the same note, filing and paying your taxes on time is key to running a smooth operation. If you have any questions about your taxes or you need help writing contracts, consult a lawyer or other professional.

Pros and Cons of Sole Proprietorships

As with all business structures, sole proprietorships come with benefits as well as risks. To further help you decide if this is the right type of business for you, here are some of the pros and cons you should take into consideration:

Pros of Sole Proprietorships

  • Full individual ownership: As a sole proprietor, you alone are entitled to 100% of your business's profits. You can also make your own schedule and work from a location that is convenient for you and your business.
  • Simple taxes: Sole proprietors aren't required to file a separate tax return for their business, which means that you can file all of your personal and business taxes on your personal tax return. This makes it easy for individuals to file their own taxes if they choose.
  • Easy to start: Really, all you have to do to be considered a sole proprietor is run your business. This is what makes it so appealing to many small business owners.

Cons of Sole Proprietorships

  • No personal protection: When you operate your business as a sole proprietor, you and your business are one and the same. If someone sues you, your business assets aren't protected. The same thing is true if someone sues your business — they can take your personal assets. So, anyone with a lot of personal assets will probably want to consider another business structure.
  • Combined income: Having your personal and business income combined can create tricky situations when it comes to running a business. This is especially true if you want to sell your business down the road. Proving profits and losses for your business is difficult on a personal tax return.
  • Finding new business: For those who choose to operate their sole proprietorship under their own name, finding new business can be challenging. Additionally, because your business is attached to your name rather than being a separate entity, it can make advertising through certain channels more difficult.

Starting a new business is exciting, but deciding which business structure is right for you can be a challenge. It will depend on the type of business you want to start and what you see for your business in the future. Use this information to help you decide if a sole proprietorship is right for you.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Saranne W. on ContractsCounsel
View Saranne
5.0 (1)
Member Since:
February 20, 2025

Saranne W.

Principal
Free Consultation
Holmdel, New Jersey
14 Yrs Experience
Licensed in NJ, NY
Seton Hall University School of Law

Saranne (Sara) is the owner and founder of S. Weimer Law, LLC. Sara has over a decade of experience practicing at prominent law firms. Prior to opening S. Weimer Law, Sara spent several years at a premiere international law firm representing companies and their leaders in every facet of the employment relationship. Sara has represented entities of all sizes, including some of the largest Fortune 500 companies, small start-ups, and key executives. Sara's experiences spans across various industries, including pharmaceutical, medical device, healthcare, financial services, technology, transportation, telecommunication, entertainment, non-profit, hospitality, and private equity. Sara has successfully represented her clients in single-plaintiff litigations, multi-plaintiff litigations, class and collective actions, agency charges, government audits, and disputes with competitors. Sara has extensive experience handling claims of discrimination, harassment, retaliation, leave interference, pay equity, medical and religious accommodations, wage and hour issues, whistleblower allegations, non-competes, restrictive covenants, and wrongful termination. Sara is also regularly retained to conduct internal investigations, respond to government inquiries, conduct workplace training, and negotiate executive agreements.

Stephen R. on ContractsCounsel
View Stephen
4.7 (13)
Member Since:
February 18, 2025

Stephen R.

Attorney
Free Consultation
Boston
17 Yrs Experience
Licensed in MA, NY
New York Law School

Steve Reich is licensed to practice in both New York and Massachusetts and is based in Boston. He assists with environmental litigation and other complex litigation and heads the firm's intellectual property practice, including copyright and trademark registration and protection. Other practice areas include commercial contract drafting and civil litigation.

Recent  ContractsCounsel Client  Review:
5.0

"Responsive. Got the letter out on a short notice and received a desired response."

Lauren F. on ContractsCounsel
View Lauren
4.3 (1)
Member Since:
March 4, 2025

Lauren F.

Attorney
Free Consultation
Chicago, Illinois
15 Yrs Experience
Licensed in IL
Chicago-Kent College of Law

Former partner in mid-size firms, now a solo practitioner, with over a decade of experience in commercial real estate, including leasing, acquisition and disposition, and real estate finance.

Nicholas M. on ContractsCounsel
View Nicholas
Member Since:
February 21, 2025

Nicholas M.

Attorney at Law
Free Consultation
Los Angeles
4 Yrs Experience
Licensed in CA
Glendale University College of Law

Since getting my license to practice 3 years ago, I have been spent my time as a trial attorney with district attorneys office and insurance defense covering disputes with contracts, landlord-tenant, auto accidents, premises liability, and contract disputes.

April W. on ContractsCounsel
View April
Member Since:
February 26, 2025

April W.

Real Estate Attorney
Free Consultation
Atlanta, Georgia
20 Yrs Experience
Licensed in GA
University of Georgia School of Law

I close residential and commercial real estate transactions. Myself and my paralegal work hard to ensure that every closing is properly executed. I can write title insurance policies with two companies First American and AmTrust. We are a small title company, but we are capable and efficient. I love what I do and I would love to provide closing services for you as well. I am also a licensed real estate agent. I do not actively practice real estate in the sales agent capacity because of my real estate closing practice. I remain current with policies, procedures, issues and trends. I am available to help anyone buy or sell a home or refer them to someone who will do an excellent job.

Carissa E. on ContractsCounsel
View Carissa
Member Since:
February 26, 2025

Carissa E.

Principal Attorney
Free Consultation
Chicago, IL
8 Yrs Experience
Licensed in IL
DePaul University College of Law

As a resident of the Chicago Southside, Attorney Carissa Essex is a dedicated mother, wife, and attorney. Carissa graduated from the Illustrious Spelman College in Atlanta, Georgia in 2012 with a Bachelor of Arts Degree in Political Science. She then returned to Chicago to obtain her Juris Doctorate in 2016 from DePaul University College of Law. After working in Corporate America for several years as a full-time Legal Project Manager practicing law part-time, Carissa decided to devote all of her time to her legal practice and founded Essex Law in early 2024. Focusing on Family Law and Real Estate Law matters, Essex Law provides exceptional and affordable services to all throughout the Chicagoland Area.

Jorge G. on ContractsCounsel
View Jorge
Member Since:
March 10, 2025

Jorge G.

Attorney
Free Consultation
Coral Gables, Florida
28 Yrs Experience
Licensed in FL
Nova Southeastern Law School

Transactional and litigation real estate attorney for over 25+ years. Other areas of practice include family law, probate and general civil litigation.

Hannah P. on ContractsCounsel
View Hannah
Member Since:
February 28, 2025

Hannah P.

Attorney
Free Consultation
Pasadena, Texas
8 Yrs Experience
Licensed in TX
University of Houston Law Center

I am an attorney practicing in the greater Houston area. I have experience in various fields like personal injury, probate, real estate transactions, criminal defense, and traffic tickets.

Naisleth R. on ContractsCounsel
View Naisleth
Member Since:
March 13, 2025

Naisleth R.

Transactional Corporate Counsel
Free Consultation
Miami, FL
9 Yrs Experience
Licensed in FL
Florida International University - College of Law (JD)

I am a passionate and committed business, compliance, commercial and transactional attorney with ample experience in the areas of corporate governance, compliance and regulatory work. I bring more than 7 years of in-house experience within the telecom, healthcare and technology industry.

Calvin N. on ContractsCounsel
View Calvin
Member Since:
March 5, 2025

Calvin N.

Business and Privacy Lawyer
Free Consultation
San Diego, California
2 Yrs Experience
Licensed in CA
California Western School of Law

Calvin Nyo is an accomplished, driven, personable attorney in the state of California. Clients who work with Calvin know they can rely on him to be punctual, accountable and to work diligently on their behalf. Calvin received his Juris Doctor from the California Western State of Law (CWSL) in San Diego, California with honors, Cum Laude in 2023. Calvin has over 10 years of experience in the Automotive industry managing sales, contract negotiation, and business engagements. In addition, Calvin has had the invaluable experience of working for the Department of Child Support Services. Broadening his areas of practice to include child support and family law generally. Calvin’s professional background in both sales and child support uniquely equips him to see and support the individualized needs of you and your business with a keen eye. Outside of his legal work, Calvin is a Army National Guard Veteran who enjoys cooking, surfing, and camping in his free time.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a legal contract?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Corporate Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city