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LLC vs Sole Proprietorship: Which Is Right For You? 3 Reasons.

This choice affects how you pay taxes, your personal risk, and even how customers see your business. How do you know which option is best for you?

Key Highlights:

  • What Are LLCs and Sole Proprietorships?

  • Key Differences Between LLC and Sole Proprietorship

  • 3 Reasons to Choose an LLC

  • 3 Reasons to Stay a Sole Proprietorship

  • How to Decide Between LLC and Sole Proprietorship

  • Converting Between Business Structures

  • Frequently Asked Questions

  • Making Your Final Decision

What Are LLCs and Sole Proprietorships?

A Sole Proprietorship is the simplest business type. When you start doing business without filing any special paperwork, you're automatically a sole proprietor. You and your business are considered the same thing legally.

An LLC (Limited Liability Company) is a separate legal entity that you create by filing paperwork with your state. It stands between you and your business, providing protection for your personal assets.

Key Differences Between LLC and Sole Proprietorship

Feature

LLC

Sole Proprietorship

Legal Protection

Separates personal assets from business debts

No separation between personal and business assets

Formation

Requires filing with state ($50-$500 fee)

No formal filing needed (may need business license)

Taxes

Flexible options (pass-through or corporate)

Pass-through only (Schedule C)

Ongoing Requirements

Annual reports and fees in most states

Minimal paperwork

Business Continuity

Can continue if owner leaves or dies

Ends when owner stops business or dies

3 Reasons to Choose an LLC

the warrior with shield and sword

Personal Asset Protection by an LLC shield from business liabilities

1. Personal Asset Protection

The biggest advantage of an LLC is that it creates a legal wall between your personal finances and your business. If your business gets sued or can't pay its debts, your personal savings, home, and car are usually protected. This is called limited liability protection.

2. Tax Flexibility

LLCs can choose how they want to be taxed. By default, a single-owner LLC is taxed just like a sole proprietorship. But you can also choose to be taxed as an S corporation or C corporation if that saves you money. This flexibility can lead to big tax savings as your business grows.

3. Professional Credibility

Having "LLC" after your business name can make your company look more established and professional. This can help you win clients, especially if you work with larger businesses. It shows you've taken steps to create a real business structure.

Example: Graphic Designer Growing Their Business

Tom has been designing logos and websites as a freelancer for two years. He's starting to hire help for bigger projects and wants to work with larger companies. By forming an LLC, Tom protects his personal savings if a client sues over a design issue. The LLC structure also helps him look more professional when bidding on corporate projects.

3 Reasons to Stay a Sole Proprietorship

1. Low Startup Costs

Starting a sole proprietorship costs almost nothing. You don't have to pay state filing fees or annual report fees. This makes it perfect for testing a business idea before investing more money. You might only need to get a local business license depending on your work.

2. Simple Paperwork and Taxes

Sole proprietorships have the easiest paperwork. You report business income and expenses on Schedule C with your personal tax return. There are no separate business tax forms or complex requirements to follow.

3. Complete Control

As a sole proprietor, you make all the decisions. You don't need to consult with partners or follow formal business procedures. This freedom lets you move quickly and run your business exactly how you want.

Example: Part-Time Baker at Local Markets

Jason bakes specialty cookies and sells them at weekend farmers markets. He's testing if his recipes are popular enough for a full-time business. As a sole proprietor, Jason avoids unnecessary startup costs and keeps his paperwork simple while he grows his customer base. If his business takes off, he can always form an LLC later.

How to Decide Between LLC and Sole Proprietorship

Consider these questions to help you choose the right structure:

Choose an LLC if:

  • Keep separate business and personal accounts

  • Save all receipts and invoices

  • Document the business purpose of each expense

  • Create and follow a business plan

  • Track time spent working on your business

Choose a Sole Proprietorship if:

  • Mix personal and business expenses and less organized

  • Claim unreasonable or excessive expenses and are more risky

  • Neglect to keep proper records

  • Treat your business like a hobby

  • Give up after one or two years of losses, and unsure of future success

"The right business structure depends on your specific situation. Consider your risk level, growth plans, and how much you can invest in setup costs."

Remember that you can always start as a sole proprietorship and convert to an LLC later as your business grows. Many successful businesses begin this way to keep costs low while testing their business model.

Converting Between Business Structures

Sole Proprietorship to LLC

Converting from a sole proprietorship to an LLC is straightforward. You'll need to:

  • File formation documents with your state

  • Pay the filing fee ($50-$500 depending on state)

  • Get a new EIN (Employer Identification Number)

  • Open a separate business bank account

  • Update licenses, permits, and contracts

LLC to Sole Proprietorship

Converting from an LLC back to a sole proprietorship is less common but possible:

  • File dissolution paperwork with your state

  • Pay any outstanding business debts

  • File final tax returns for the LLC

  • Transfer any business assets to yourself

  • Update clients about the change

Frequently Asked Questions

How much does it cost to form an LLC?

LLC formation costs vary by state, typically ranging from $50 to $500 for the initial filing fee. Some states also require annual reports and fees ranging from $10 to $300. You may also want to hire a service to help with the paperwork, which adds to the cost.

Do I need an EIN for my business?

Sole proprietors without employees can use their Social Security Number instead of an EIN (Employer Identification Number). However, LLCs typically need an EIN, especially if they have employees or choose corporate taxation. Getting an EIN is free through the IRS website.

Can a sole proprietorship have employees?

Yes, a sole proprietorship can hire employees. You'll need to get an EIN, register for state employer taxes, set up payroll, and follow employment laws. However, having employees increases your liability risk, which is one reason many businesses with employees choose to form an LLC.

What is a "DBA" and do I need one?

DBA stands for "doing business as." If you want to use a business name different from your personal name (for sole proprietorships) or your official LLC name, you'll need to file a DBA. This allows you to operate under a different name and open bank accounts in that business name.

Making Your Final Decision

Choosing between an LLC vs Sole Proprietorship is an important step in your business journey. Both structures have their place depending on your situation. A sole proprietorship offers simplicity and low costs for beginners, while an LLC provides protection and flexibility for growing businesses.

Consider your business type, risk level, growth plans, and budget when making your choice. And remember, you can always change your business structure as your needs evolve.

To learn more strategies for reducing your tax burden and maximizing your take-home pay, check out Taxation Intel

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