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

Erdal T. on ContractsCounsel
View Erdal
5.0 (3)
Member Since:
September 15, 2022

Erdal T.

Owner, CEO and Managing Attorney
Free Consultation
New Jersey
20 Yrs Experience
Licensed in NJ, NY
New York Law School

Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.

Recent  ContractsCounsel Client  Review:
5.0

"Erdal was a pleasure to work with. He was quick to respond to any questions or concerns I had."

Charlton M. on ContractsCounsel
View Charlton
5.0 (11)
Member Since:
September 19, 2022

Charlton M.

Attorney
Free Consultation
Dallas, TX
12 Yrs Experience
Licensed in TX
University of St. Thomas School of Law

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Recent  ContractsCounsel Client  Review:
5.0

"I am so happy with my decision to hire Charlton. Not only was he responsive and timely, he laid everything out for me in terms that I could understand. I would recommend him to anyone and will be working with him for all of my future needs!"

Dan "Dragan" I. on ContractsCounsel
View Dan "Dragan"
5.0 (39)
Member Since:
September 21, 2022

Dan "Dragan" I.

Principal Attorney
Free Consultation
Chicago, Illinois
27 Yrs Experience
Licensed in IL
University of Illinois College of Law

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes drafting and reviewing contracts. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs.

Recent  ContractsCounsel Client  Review:
5.0

"Dan has been a great help with all of our trademarking needs!"

Michael M. on ContractsCounsel
View Michael
4.9 (333)
Member Since:
September 10, 2022

Michael M.

Principal
Free Consultation
Los Angeles, California
39 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.

Recent  ContractsCounsel Client  Review:
5.0

"Michael's expertise and judgment impressed me. I brought him in for contract advisory work, and he quickly asked the questions I hadn't considered, identified the risks that mattered, and set aside the ones I had wrongly prioritized. He changed how I understood the contract. He is an excellent advisor - highly recommended."

Spencer R. on ContractsCounsel
View Spencer
4.9 (4)
Member Since:
September 15, 2022

Spencer R.

Partner
Free Consultation
New York
30 Yrs Experience
Licensed in NY
Washington College of Law at American University

I am an experienced attorney working in New York specializing in executive compensation/severance arrangements, transactional real estate work, tax structuring and contracts.

Recent  ContractsCounsel Client  Review:
5.0

"I will use Spencer in the future for my future contract needs. Nice guy and personable. Love workiing with him. Got right down to business immediately."

Daniel F. on ContractsCounsel
View Daniel
Member Since:
September 6, 2022

Daniel F.

Partner
Free Consultation
Woodmere, NY
16 Yrs Experience
Licensed in NJ, NY
St. Johns School of Law

An experienced attorney with a varied range of legal abilities. Focusing on real estate transactions and general commercial litigation.

Doug F. on ContractsCounsel
View Doug
Member Since:
September 7, 2022

Doug F.

Managing Director
Free Consultation
Boston, MA
44 Yrs Experience
Licensed in MA, NY
Boston University School of Law

Doug has over 20 years of private and public company general counsel experience focusing his legal practice on commercial transactions including both software and biotech. He is a tech savvy, business savvy lawyer who is responsive and will attain relationship building outcomes with your counterparty while effectively managing key risks and accelerating revenue. He received his Juris Doctor from Boston University School of Law earning the Book Award in Professional Ethics and after graduation he taught legal writing there for a number of years. Prior to law school, Doug earned a M.A in Mathematics at the State University of New York at Stony Brook, and a B.S in Honors Mathematics at Purdue University. After law school, Doug joined Fish & Richardson, where his practice focused on licensing software, trademarks and biotech. While at Fish & Richardson Doug authored a book on software licensing published by the American Intellectual Property Lawyers Association. Later he joined as General Counsel at FTP Software and led an IPO as well as corporate development. Doug has broad experience with a broad range of commercial agreement drafting and negotiation including SaaS software and professional services, distribution and other channel agreements, joint venture and M&A. Doug continued his leadership, corporate governance and commercial transaction practice at Mercury Computers (NASDAQ:MRCY) leading corporate development. Doug’s experience ranges from enterprise software to biotech and other vertical markets. He joined the board of Deque Systems in 2009 and joined in an operating role as President in 2020 successfully scaling the software business.

Kathryn K. on ContractsCounsel
View Kathryn
Member Since:
September 13, 2022

Kathryn K.

Attorney/Founder
Free Consultation
Boulder, CO
17 Yrs Experience
Licensed in CO
Georgetown University Law Center

I’m a Georgetown Law graduate with over 15 years of experience providing legal support to small businesses, helping them with all their contracting needs. Whether it’s services agreements, employment contracts, influencer agreements, privacy policies, or other essential business contracts, I specialize in ensuring that your agreements are clear, fair, and legally sound. I have significant experience in Master Services Agreements (MSAs), especially for SaaS companies, as well as NDAs, non-compete/non-solicitation agreements, and commercial leases. Additionally, I’ve drafted Terms of Service, Acceptable Use Policies, and Privacy Policies for businesses across multiple industries. My work is focused on giving small businesses access to world-class legal advice without the hefty price tag. Before opening my own practice, I spent four years at one of the most prestigious law firms in the world, gaining valuable experience in appellate litigation. I also worked with the federal government and at a leading government contracts firm, representing large clients such as Fortune 500 companies and the Department of Defense. Despite this background, my passion lies in working with startups and small businesses. Having owned and operated three businesses myself (my law firm and two outside the legal field), I understand the unique challenges that entrepreneurs and small business owners face. I offer practical, affordable, and strategic legal solutions to help you focus on what you do best—running your business. I’m based in Boulder, CO, but I proudly represent clients nationwide. I’m dedicated to making sure your business is protected with the right contracts and policies in place, so you can grow confidently.

Wendy C. on ContractsCounsel
View Wendy
Member Since:
September 12, 2022

Wendy C.

Attorney
Free Consultation
Chicago
27 Yrs Experience
Licensed in IL, WI
University of Wisconsin Madison

Business Advisor and Real Estate Consultant: Small boutique firm working to assist entrepreneurs, business start-ups, property investors, new home buyers, and distressed owners Wendy Calvert began her career as a corporate attorney focusing on complex commercial litigation, primarily in construction, property and casualty, and contractor liability. Through this experience, Wendy has managed and successfully litigated cases in Illinois and Wisconsin. In 2004, Wendy relocated to Illinois to work as an insurance litigation counsel and later as an executive sales consultant and insurance expert. Wendy now utilizes her skills as a contract negotiator, litigator, and sales consultant to negotiate real estate deals and help entrepreneurs create and grow the businesses of their dreams. EDUCATION Wendy earned her Juris Doctor in 1999 from the University of Wisconsin Madison. In 1989, Wendy graduated with a Bachelor of Arts in Business Administration and Communications from Marquette University.

Max L. on ContractsCounsel
View Max
Member Since:
September 19, 2022

Max L.

Attorney
Free Consultation
Fort Lauderdale, Florida
20 Yrs Experience
Licensed in FL
The Benjamin N. Cardozo School of Law

Hi there. My practice focuses on several aspects of business law, including business entity formation and organizational documents, trademark and copyright, tax disputes, and contracts. I work with quite a few creative entrepreneurs, such as photographers, artists, and musicians.

Tina T. on ContractsCounsel
View Tina
Member Since:
October 1, 2022

Tina T.

Attorney
Free Consultation
New Mexico
4 Yrs Experience
Licensed in NM
Arizona Summit Law School

I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.

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