LLC vs. Sole Proprietorship
LLC vs. Sole Proprietorship
Choosing the business structure that’s right for your business is an important part of starting up a new business. As a new business owner, you want to know the difference between a sole proprietorship and an LLC. The questions can seem confusing.
Should you choose to be an LLC or sole proprietor? What are the advantages of an LLC vs. sole proprietorship? Is an LLC a sole proprietorship? Are there any differences between LLC taxes and sole proprietorship taxes?
LLC vs. SoleProprietor overview:
- Limited liability is one of the main advantages of an LLC over a sole proprietorship
- Sole proprietorships generally are less costly compared to an LLC
- LLCs need to register with the state and pay initial registration or filing fees
- LLCs often have annual fees which must be paid to maintain your registration
- LLCs are subject to state laws governing LLCs
- When running an LLC, you must keep both LLC records and funds separate from your own personal records and funds
- If you operate your business as a sole proprietor, you’ll be taxed as a self-employed person
- An LLC can be taxed as a sole proprietorship, a partnership or a corporation
If you’ve been thinking about choosing between an LLC or sole proprietorship, it’s important to understand both the similarities and the differences between the two. Each business structure has its own advantages and disadvantages, and the best business structure for your business will depend on your specific circumstances.
LLC stands for “limited liability company,” meaning limited liability is one of the main advantages of an LLC over a sole proprietorship. What does limited liability mean? Unlike a sole proprietor, where the owner remains responsible for the debts and liabilities of the business, in an LLC it’s the LLC that’s responsible for the business’s debts and liabilities. This means, in most cases, LLC members are protected from the creditors of the LLC and also from any lawsuits which may arise against the LLC.
Start-up and Maintenance Costs
Other than the fees for obtaining any required licenses or permits, setting up a sole proprietorship generally doesn’t entail very many other costs. LLCs, on the other hand, will need to register with the state and pay initial registration or filing fees. As well, there are often other fees, such as annual fees which must be paid to maintain your registration as an LLC in good standing.
In addition to filing fees and annual fees, LLCs are also subject to state laws governing LLCs. Depending on the state in which you register your LLC, these laws may require you to have an operating agreement for your LLC, or a registered agent. Often the regulations result in additional paperwork, such as annual information statements or reports which must be filed in a timely manner. Sole proprietorships, on the other hand, are not subject to similar regulation.
State regulation of LLCs include required words which must be included in an LLC name—for example, “LLC” or “Limited Liability Company” might be required at the end of an LLC’s name. Sole proprietors do not face any such requirements, and generally need only to make sure they are not using a name that’s being used by another business operating within the same state.
Separation of Business from Personal
When you’re operating as a sole proprietor, you don’t have to worry about intermingling your business funds with your personal funds; in the eyes of the law they’re regarded as one and the same. When running an LLC, however, you must be careful to keep both LLC records and funds separate from your own personal records and funds. Violating this rule—for example, by intermingling your personal funds with LLC funds—can result in the loss of your limited liability protection.
LLC Taxes vs. Sole Proprietorship Taxes
If you operate your business as a sole proprietor, you’ll be taxed as a self-employed person, and the income of your business is considered your personal income for tax purposes. An LLC, however, can be taxed as a sole proprietorship, a partnership or a corporation. An LLC may make an election to be taxed as a corporation; if such an election isn’t made, it’s taxed as either a sole proprietorship or a partnership, depending on the number of members it has. It’s probably this potential of an LLC to be taxed as a sole proprietorship which often has people wondering if an LLC is a sole proprietorship. It’s not, but for tax purposes it may be taxed as one, depending on the circumstances.
The choice of business structure is an important one for every business. With two of the most popular business structures for businesses being LLCs and sole proprietorships, knowing the advantages of a sole proprietorship vs. LLC, as well as the disadvantages, can help you to make the best decision for your business.
LegalZoom can help you start an LLC or sole proprietorship quickly and affordably. Answer a few simple questions to get started. We'll file your paperwork with the appropriate state agency and mail you your completed application.