Difference Between Single-member LLCs and Sole Proprietorships
Single-member LLCs and sole proprietorships are two common forms of business entities. Whether you’re a first-time entrepreneur or a seasoned veteran opening a new business, you must know the differences between these two forms to choose the most suitable option for your case.
The legal structure of your business can have far-reaching implications, so it’s crucial to consider each organization’s advantages and disadvantages so that you can weigh the potential rewards and risks carefully.
This blog post will explore the differences between single-member LLCs and sole proprietorships to help you make the best informed decision for your business.
What Is a Single-member LLC?
A single-member limited liability company (SMLLC) is a business entity formed by one individual. The ownership entirely belongs to that person, contrary to the usual LLC with multiple owners. Still, a single-member LLC shares many benefits and drawbacks with a multi-member LLC.
As the business owner, you may register your SMLLC in the state where you form the business, usually where you conduct business operations. You must adhere to all relevant regulations and taxes for your state and federal government. This grants you legal protections, such as asset protection, limited personal liability, and pass-through taxation.
However, you may also register your SMLLC in a different state, such as one with more favorable tax laws. You must qualify in the foreign state of your choice and register your SMLLC under their laws and jurisdiction. Every state has different rules and requirements, so research carefully before making decisions.
Opting for an SMLLC means you, as a tax-paying individual, are separate from your business, protecting you from your company’s liabilities, such as debts, taxes, obligations, lawsuits, and other risks. The Internal Revenue Service (IRS) may tax your SMLLC as a corporation where the SMLLC is under your federal tax return as a division of the corporation.
Otherwise, the IRS may treat your SMLLC as a disregarded entity where you are not separate from your business. However, it will tax your SMLLC similarly to a sole proprietorship, where the SMLLC reflects on your federal tax return as self-employment income.
Advantages and Disadvantages of Single-member LLCs
The main advantage of an SMLLC is that it keeps your personal assets shielded from any financial liabilities and lawsuits against your business. If your brand incurs debts or gets sued, only the company and not your personal finances are at risk.
Another advantage of forming an SMLLC is pass-through taxation benefits, where the company profits pass directly to its owner, are reported on your individual income tax return, and are not subject to double taxation as a corporation.
The downside is that you may have difficulty obtaining loans due to the high risks of single-person businesses. It may be challenging to convince lenders that you are a reliable borrower since only one person manages the company.
Additionally, you may have to pay more fees than other business entities as they generally have less paperwork and fewer filing requirements. You will also have limited opportunities for capital since single-member LLCs do not offer ownership to external investors.
What Is a Sole Proprietorship?
The IRS recognizes a sole proprietorship as an unincorporated business that a single person owns and manages as the sole owner. Your business doesn’t have a legal entity distinct from you as its owner. As such, you have complete control and responsibility over all financial and operational matters in your company but do not enjoy liability protection for any legal issues that may arise against your brand.
With a sole proprietorship — unlike an SMLLC — you are not a separate entity from your business, meaning all profits, losses, liabilities, debts, obligations, taxes, and other financial risks are under your name and reported on your income tax return.
A sole proprietorship is easy to form, making it ideal for beginning small business owners. It requires minimal paperwork, lower startup costs, and no annual filing requirements or fees. Compliance with local, state, and federal regulations and taxation laws is also more straightforward.
Because sole proprietors lack legal protection, you must have sufficient insurance coverage and understand the risks associated with your business activities.
Advantages and Disadvantages of Sole Proprietorships
The main advantage of a sole proprietorship is its simplicity to form with minimal setup costs and no requirement to register with the state or local government. You enjoy complete control over your business as its owner, meaning you can make decisions without consulting with shareholders or other owners.
Sole proprietorships are also easy to maintain or dissolve without complicated formalities or costly legal fees. You can discontinue operations or move on to another business venture without needing troublesome paperwork. Filing taxes is also more straightforward, with simpler forms and fewer filing requirements.
On the other hand, the lack of legal protection can leave you open to personal liability for any debts, lawsuits, and financial obligations your business may incur. Your personal assets can be at risk if a case is brought against your company, meaning creditors can seize your bank accounts, cars, house, investments, or other properties if you cannot pay your business debts. You may also have difficulty obtaining loans from banks and other lenders since they see sole proprietors as high-risk borrowers.
Similar to an SMLLC, a sole proprietorship has a limited ability to raise capital and invest in your company’s long-term growth since external investors cannot buy ownership shares of your business. Additionally, you are subject to self-employment taxes and may not be able to get business tax deductions as easily compared to an LLC or corporation.
Differences Between Single-member LLC and Sole Proprietorship
The main difference between an SMLLC and a sole proprietorship is that the former provides limited liability protection for its owner while the latter does not. This is the most significant distinction for many entrepreneurs as an SMLLC shields their personal assets from potential lawsuits against the business.
Sole proprietorships make you personally liable for any debts, obligations, lawsuits, or financial risks associated with your business as the sole owner. Any setback can clean out your financial accounts, leaving you, your family, and your financial future at risk. An SMLLC, on the other hand, provides a legal separation between yourself and the business, meaning creditors can only access the company’s assets if needed.
Regarding setup, a sole proprietorship is more convenient than an SMLLC, requiring particular documents and filings with the state or local government. An SMLLC also tends to have higher startup costs due to registration fees and other formalities required in setting up the business entity. However, many entrepreneurs believe the added protection and long-term benefits compensate for the extra time and money they have to invest.
Taxes are another significant difference between the two business structures. The IRS views a sole proprietorship as an individual, so you must pay income and self-employment taxes on business profits. With an SMLLC, however, the company is viewed as a separate entity and can benefit from certain tax advantages, such as deductions for business-related expenditures and losses.
For entrepreneurs who want to limit their personal liability and access tax advantages, an SMLLC is the preferred option. However, those seeking convenience and simplicity may want to opt for a sole proprietorship.
Additionally, new business owners may benefit from the simple and cost-effective approach of starting as a sole proprietor. If they plan to grow, they can switch to an SMLLC when their company is more established. Whichever structure you choose, ensure it meets your needs and offers the best protection for your business and personal assets.
Single-member LLC Vs. Sole Proprietorship: Final Words
The decision between a single-member LLC vs. a sole proprietorship will depend on your business needs and goals. Ultimately, you must weigh the pros and cons of each structure to determine which is best for you.
If you need more information, Core Group can help. Contact us today to discuss which business structure is best for you.