A sole proprietorship has unlimited liability. That means the owner is personally responsible for all business debts and obligations.
Choosing a business structure is a foundational step in your entrepreneurial journey. The right setup can impact your taxes, liability, growth potential, and peace of mind. Two of the most common options, sole proprietorship and Limited Liability Company (LLC), offer distinct advantages. Here’s how to decide which option might be the best fit for your business.
A sole proprietorship is a simple, informal business structure where the business and the owner are legally the same. It’s owned and operated by one person, with all profits and responsibilities flowing directly to the owner.
Here are the key features that define a sole proprietorship and set it apart from more formal business structures:
The appeal of a sole proprietorship is its ease and low cost, but it also means taking on full personal liability and limited options for growth. Here’s how the structure stacks up.
Advantages:
Disadvantages:
Sole proprietorships work well for small businesses that operate with minimal legal risk and don’t require complex financial structures. If you’re a freelancer, consultant, artist, or operate a home-based or side business, this structure offers the flexibility and ease you may need when starting out.
A good starting point is to set aside 25% to 35% of your net income for taxes. This helps cover federal, state, and self-employment taxes, which sole proprietors are responsible for paying on their own.
All profits go directly to the owner. That means you can use your business income freely, but you’re also personally responsible for taxes on the full amount of your net income each year —regardless of how much you leave in your business account.
A Limited Liability Company (LLC) is a formal business structure that offers liability protection while allowing profits and losses to pass through to the owner's personal tax return.
An LLC blends elements of sole proprietorships and corporations. These core features define how it operates and why many business owners choose it.
While an LLC provides strong liability protection and tax flexibility, it also requires more setup, paperwork, and cost. Here’s what to weigh before moving forward.
Advantages:
Disadvantages:
In most cases, LLC owners pay themselves through what’s called an “owner’s draw,” a transfer from the business account to their personal account. If your LLC elects corporate tax treatment, such as an S-Corp, you’ll typically pay yourself a salary through payroll and may also receive distributions of profit.
Single-member LLCs report income and expenses on the owner’s personal tax return using Schedule C. For multi-member LLCs, each member reports their share of profits on their individual return after the LLC files an informational tax return (Form 1065). Electing corporate tax treatment changes the filing process.
When choosing between a sole proprietorship and an LLC, consider the complexity of your business, your long-term goals, and how much liability protection you need.
Start with simplicity or plan for scale. Sole proprietorships are best suited for low-risk businesses or side ventures. They’re quick to set up and easy to manage.
Plan for protection. If your business involves higher risk, has multiple clients, or needs outside funding, an LLC offers added protection for your personal finances.
Tax flexibility matters. Both structures allow for pass-through taxation, but LLCs offer more flexibility, particularly if you’re interested in electing corporate tax status.
Consider switching when you grow. Many business owners start as sole proprietors and transition to an LLC as their income increases or liability grows.
Choose a sole proprietorship if you’re starting small, want to test your business idea, or need a cost-effective structure with low administrative requirements.
Choose an LLC when you want to protect your personal assets, improve business credibility, or prepare to scale your operations.
You may want to switch when:
It depends on your business goals and income level. Both structures offer pass-through taxation by default. But an LLC has more flexibility—you can choose to be taxed as an S Corporation (S-Corp) or a C Corporation (C Corp), which may help reduce self-employment taxes or provide other tax advantages as your income grows.
Yes. With an LLC, your personal assets, like your home or savings, are typically protected if your business is sued or takes on debt. In contrast, sole proprietors have no legal separation between personal and business liability.
A sole proprietorship has unlimited liability. That means the owner is personally responsible for all business debts and obligations.
LLCs can write off any ordinary and necessary business expenses, there’s no set cap. As long as expenses are directly tied to business operations and properly documented, they’re deductible.
Yes. A single-member LLC can legally hire employees and must comply with payroll tax and labor law requirements, just like any other employer.
A sole-member LLC typically files taxes using Schedule C with the owner’s personal return (Form 1040), unless corporate taxation is elected. You’ll also need to pay self-employment taxes on business income.
It depends on your goals. Staying self-employed as a sole proprietor is simple and low cost, while forming an LLC offers legal protection, tax flexibility, and the ability to grow more confidently.
Like an LLC, you can deduct business-related expenses like supplies, equipment, rent, and mileage, provided they’re ordinary and necessary for your work. There’s no specific limit—but documentation is key.
Yes. You can deduct rent for office space or a home office—if the space is used regularly and exclusively for your business.
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Your attorney can help guide you through entity selection, and a New York Life financial professional can help you make informed decisions about protecting your business and planning for the future.
Sources:
Internal Revenue Service (IRS) – Sole Proprietorships
Defines sole proprietorships, reporting requirements, and tax implications.
https://www.irs.gov/businesses/small-businesses-self-employed/sole-proprietorships
Internal Revenue Service (IRS) – Limited Liability Company (LLC)
Outlines LLC characteristics, default taxation, and election options (S corp/C corp).
https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc
Internal Revenue Service (IRS) – Self-Employment Tax
Explains the 15.3% self-employment tax rate and what it covers.
https://www.irs.gov/businesses/small-businesses-self-employed/self-employment-tax-social-security-and-medicare-taxes
U.S. Small Business Administration (SBA) – Choose a Business Structure
Details the core differences between sole proprietorships, LLCs, and other structures.
https://www.sba.gov/business-guide/launch-your-business/choose-business-structure
Investopedia – Sole Proprietorship vs. LLC
Used for general comparisons and descriptions of ownership, liability, and tax flexibility.
https://www.investopedia.com/sole-proprietorship-vs-llc-8627981
NerdWallet – LLC vs. Sole Proprietorship
Helpful for pros and cons language, tax structure clarity, and business type recommendations.
https://www.nerdwallet.com/article/small-business/llc-vs-sole-proprietorship
Keeper Tax – Self-Employment Tax Calculator
Used to support the recommendation to set aside 25–35% of income for taxes.
https://www.keepertax.com/self-employment-tax-rate-calculator