Yes, even my brain hiccups sometimes.
Last week on the show, a caller was asking a question about whether a sole proprietor (SP) could have employees -- and I said no. Ooops! Honestly, I don't know what I was thinking since I know SPs certainly can have an unlimited number of employees. Actually, I think I indexed quickly to the point I wanted to make that SPs may have no employees (since the SP isn't considered an employee themself). Anyway, after my CPA Ken Anders, a few listeners -- and my wife -- brought it to my attention, I thought I'd give you a brief overview this week on sole proprietors ... and a few pros/cons of this type of business ownership.
First, an overview:
- Sole proprietorship is an unincorporated business owned by one person. Therefore, a spouse cannot participate in your business as an owner.
- The law makes no distinction between you (the SP) and your business. Virtually all legal and tax consequences flow out of this fact.
- The SP can have an unlimited # of employees or independent contractors.
- You may conduct business in your own name or an assumed name (Sally Jones DBA Sally's Creations).
There are pros & cons of doing business as a SP.
Pros:
- 1. You can avoid double taxation since all your business income is treated as your personal income. You won't pay both corporate and personal taxes.
- 2. You can deduct your business losses to the extent of your total income from all sources (including your spouse, if you file a joint return). If your business has large start-up costs, you may receive a larger refund (from taxes already withheld from other jobs) due to a loss from your business.
- 3. Tax returns are less complicated (Schedule C).
Cons:
- 1. The SP is personally liable for all the debts of his/her business
- 2. You may pay higher income taxes. By incorporating, you may be able to reduce your tax rate through deductions and in the way you take income out of the business.
- 3. As a SP, you may not take any tax deduction for your life or health insurance.
- 4. Contribution limits into tax-free/tax-deferred retirement plans is much lower for SPs.
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