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Schedule C Form 1040 Businesses - Sole
Proprietorships
Overview
The sole proprietorship is the simplest form of business organization
and also the easiest to create for small businesses. The sole
proprietorship is not considered a separate taxable entity apart from
its owner and often operates in the owners name or under a "doing
business as" (DBA) name. Income and expenses of the business are
reported on schedule C of the individuals Form 1040 income tax return.
The downside to sole proprietorships is that the business owner is
personally liable for the ALL the debts and obligations of the
business. Although, depending on the nature of your business activities,
insurance coverage may provide a good substitute for more complicated
business entity structures.
Formation of a Sole Proprietorship
The start up cost of a sole proprietorship is minimal and unlike
corporations, LLCs, etc. there are limited legal formalities required.
Often start up costs are limited to registering a DBA assumed name with
the appropriate county agency.
Tax Return Filings
Sole proprietorships have the simplest form of tax filing obligation.
The sole proprietorship is not considered a separate legal entity apart
from its owner. For income tax reporting purposes, income and expenses
of your business are reported on schedule C of your personal Form 1040
income tax return. If you have no employees, you can pay your federal,
social security and medicare taxes (due to self-employment) quarterly
through estimated income tax payments. If you will have employees, you
will need to request an employer identification number (EIN) from the
IRS and prepare payroll tax returns.
Personal Liability
Sole proprietorships do not enjoy any asset protection from debts or
judgments against the business. The owner bares unlimited personal
liability for the activities of the company or “agents” working on their
behalf. Creditors, vendors etc. are able to reach non-business personal
assets in the case of a lawsuit or other judgment. Additionally, if an
owner is married, the business owner also puts at risk any community
property assets.
Management of the Business
The owner has total management and control over the business. You will
note that the price for this control is that the owner is at risk for
personal liability incurred through the acts of the owner’s agents or
employees. The owner may sell, close or partner with other businesses
without approval from shareholders or boards of directors. If you wish
to bring in other owners or partners into the business, a change in
entity will be required.
Retirement Plans
Sole proprietorships are eligible to participate in Simplified Employee
Pensions (SEP), SIMPLE IRAs, Keogh plans or a Regular Individual
Retirement Accounts.
Why Choose a Sole Proprietorship?
Simplicity and low start up costs. All business activities are accounted
for on schedule C of your personal income tax return. If the business
will engage in “risky” activities or you desire liability protection a
LLC may provide a better alternative.
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