How to Start a Sole Proprietorship in New York

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Sole Proprietorship in New York

A Sole Proprietorship in New York is an informal business structure owned by one person.

And the business owner is called the Sole Proprietor.

Sole Proprietorships are often the easiest and simplest form of business structure to create. However, that doesn’t always mean they are the best choice for small business owners.

While Sole Proprietorships have some advantages, there are also disadvantages you should be aware of.

We explain the pros and cons below, and provide step-by-step instructions if you decide to start a Sole Proprietorship in New York.

Matt Horwitz, founder of LLC University®
Pro tip: Sole Proprietorships don’t protect your personal assets. On the other hand, if you form an LLC, your personal assets are protected in the event of a lawsuit. Check out Sole Proprietorship vs LLC for more information.

Advantages of a Sole Proprietorship

Ease of setup and maintenance

The primary advantage of a Sole Proprietorship is how easy they are to set up and to maintain.

In fact, there is no form to file in order to “create” one. If you’re doing business by yourself, you’re operating as a Sole Proprietorship.

Think of it this way: once you engage in business activities, with the goal of eventually making money, you are operating as a Sole Proprietorship.

How to start an LLC

For example, if you want to start a wedding planning business, the moment you begin doing business research, calling potential customers, or building your website, you’re operating as a Sole Proprietorship.

Taxation

The second advantage of a Sole Proprietorship is taxation. Filing taxes for a Sole Proprietorship business is very similar to how you already file your individual taxes.

Meaning, you already file a personal Form 1040 tax return each year. However, as a Sole Proprietorship you (or your accountant) will include a Schedule C which lists your business profits or losses.

Disadvantages of a Sole Proprietorship

There is one major disadvantage and a few minor disadvantages of a Sole Proprietorship.

No liability protection

The main disadvantage of a Sole Proprietorship is personal liability protection: there is none.

This means that if your business is sued, your personal assets (like your home, cars, and bank account) could be used to settle your Sole Proprietorship business debts and liabilities.

On the other hand, if you formed an LLC or a Corporation, your personal assets are protected in the event of a lawsuit. Only the business’s assets can be used.

Tip: LLCs offer additional asset protection that Corporations don’t.

Lack of credibility

Even though you can file a DBA name (discussed below), Sole Proprietors are still often seen as being less credible.

On the other hand, if you were to form a legal business entity, like an LLC or Corporation, those are considered more official and reputable.

Converting from a Sole Proprietorship to an LLC in New York

If you start your New York business as a Sole Proprietorship, and then later want to convert to an LLC or Corporation, it’s a large headache with many steps involved.

There isn’t a one-step process to convert a Sole Proprietorship to LLC. In fact, there are often multiple steps and multiple filings you must make with various state departments and local governments.

For example, you need to update the state, the IRS, and the bank that your business type has changed. And if your business requires a license or permit to operate, you will need to re-apply for those as the new business. You may also need to redo contracts with your clients and vendors, and update your website and marketing materials.

So if you’re on the fence about which type of New York business to choose, and you have the money to spend on an LLC, we recommend starting an LLC in New York.

Sole Proprietorship vs LLC in New York

A Limited Liability Company (LLC) is a legal entity that offers pass-through taxation and asset protection. If your LLC is sued, your personal assets – like your home, car, and personal bank account – are protected.

An LLC with one owner is called a Single-Member LLC. And the great thing about them is they are taxed just the same as a Sole Proprietorship. Check out LLC taxed as Sole Proprietorship for more details.

To start an LLC in New York, you must file the Articles of Organization with the Department of State and pay a $200 filing fee. New York also has a Publication Requirement for LLCs.

LLCs must also pay an LLC annual fee and appoint a Registered Agent in order to stay in compliance.

If you want to hire a company to form your LLC in New York, we recommend Northwest Registered Agent.

If you decide you’d rather operate as a New York Sole Proprietorship, we have the instructions below.

How to Start a Sole Proprietorship in New York FAQs

The only thing you must do to start a Sole Proprietorship in New York is simply decide to start.

Again, just by taking actions that may lead to making money means that you’re now a Sole Proprietor. You don’t have to file a document to “form” your Sole Proprietorship with the state.

However, there are a few things you may need to (or want to) do in order to operate legally. For example, your business may need a license or permit to operate.

And it’s best practice to open a separate business bank account.

You might also want to get a DBA (for branding), and an EIN Number (so you aren’t putting your social security number on invoices or contracts).

We’ll walk you through each of these steps below.

Step 1 – Business Planning Stage

Once you have a business idea and have decided to operate as a Sole Proprietor, it’s a good idea to establish some key components of the business.

Some things that are helpful to think about are:

  • business model
  • business name
  • startup costs
  • industry
  • marketing ideas
  • business address

Your business model is how your Sole Proprietorship plans to make money – what will you sell, how it’s made, how it’s delivered, how it’s marketed or advertised, etc.

It’s a good idea to think of marketing ideas early on to help your business succeed. A good marketing plan can include developing a logo and brand name, deciding where to advertise, building a website, and developing a social media strategy.

You should also choose a primary business address. This can be an actual office address, but it doesn’t have to be. It could be your home address or you could even rent a mailbox address. The purpose is to have one designated address where all mail for the business is sent, and that you can use on official documents.

Step 2 – Name your Sole Proprietorship and Obtain a DBA

Now that you’ve done some business planning, you have the option to name your company.

By default, a Sole Proprietorship’s name is the owner’s legal name. However, if you’d rather do business under a different name, you can file a DBA name (Doing Business As name).

For example: Felipe Cruz is starting a wedding planning business. Instead of having to do business under his full name – Felipe Cruz – he’d like to do business under the name “Excellence in Events”. In this case, he’ll need to register his DBA name “Excellence in Events”.

Having a DBA name can make it a lot easier to brand and market your business. It can also make your business sound larger than a one-person business.

Having said that, a DBA name is not required for a Sole Proprietorship in New York. If you’d rather do business under your first and last name, that is 100% okay.

Note: In New York, a DBA is technically called an Assumed Name, however, they mean the same thing.

How do I get a DBA?

To register your DBA (aka Assumed Name) in New York, you’ll need to submit a Certificate of Assumed Name with the County Clerk’s office in each county where your business operates.

You can use this list of New York County Clerks to find contact information for every County Clerk office in New York.

Note: Other business entities (like LLCs and Corporations) file their Certificate of Assumed Name at the state level. The Department of State doesn’t accept Assumed Name filings from Sole Proprietorships.

Need to save time? We recommend hiring MyCompanyWorks ($99 + state fee) to file your DBA.

Step 3: Get an EIN from the IRS

By default, a Sole Proprietor uses their Social Security Number (SSN) for tax and financial reporting.

However, a Sole Proprietor also has the option of getting an EIN Number (Employer Identification Number) from the IRS.

Notes: Whether or not you get an EIN for your Sole Proprietorship will not impact your taxes. Your taxes will be filed the same either way.

An EIN is also called a Federal Tax ID Number, Federal Employer Identification Number, Employer Identification Number, or FEIN. They all mean the same thing.

Getting an EIN for your Sole Proprietorship may be a good idea for a few reasons:

Safety (prevent identity theft)

Without an EIN, you may need to use your SSN when dealing with vendors and clients. For example, if a client pays you more than $600 per year, you’ll need to provide them with IRS Form W9.

Instead of using your SSN, you can list your EIN instead on Form W-9.

The same thing can also apply to online account setups and other places you may do business with.

By using your EIN, you don’t have to give out your SSN as much.

Hiring employees

In this case, an EIN isn’t optional; it’s required. If you want to hire employees for your business, you will need to obtain an EIN first. This is because an EIN is required in order to pay payroll taxes for your employees.

Note: As a Sole Proprietor, while you are considered self-employed, you are technically not an employee.

Step 4 – Research business license requirements

When researching required business licenses, it’s a good idea to check if there are state-level requirements. After doing so, you’ll want to research any local requirements, those enforced by the county or city where you’re doing business.

Good news, New York doesn’t require a “general” business license at the state-level for Sole Proprietors. So there’s nothing to do for this step.

However, depending on your industry, and where you’re doing business, you may need an industry-specific license or a license issued by your municipality (ex: county or city).

Please use these resources for help with licensing in New York:

Tip: Save time by hiring an expert. We recommend using IncFile ($99) to handle the business license research for you.

Step 5 – Maintain your business

Once you have established your Sole Proprietorship, there are a more few things to do to make your business run smoothly:

  • Get a business bank account
  • Maintaining business financial records
  • File taxes

Business Bank Account

Keeping business finances separate from personal finances is an important part of operating a business safely. That’s why it’s important to open a business bank account for your Sole Proprietorship.

Business bank accounts also typically allow you to process more transactions per month than a personal bank account, amongst other business benefits.

Some banks may require you to have a DBA in order to open a business bank account for a Sole Proprietor. We recommend calling the bank ahead of time to see if a DBA is required, or if you can open the business account in your own name.

While you’re on the phone, it’s also a good idea to ask about the products they offer, and what documents they require.

For example, most banks require you to bring your photo ID, as well as your EIN Confirmation Letter and DBA filing if you have an EIN or DBA).

Business Records

Most states require that businesses keep certain records. There is no law specifically governing Sole Proprietorships, however, it’s a good idea to keep the following records:

  • Copies of tax returns for the previous 3 years
  • Copies of any financial statements for the previous 3 years

If you’re just starting out, you won’t have these records right away, and that’s okay. Just save and organize them as you do business.

We recommend establishing a specific location to store the records.

For example, a filing cabinet in your house or at the business’s office location will work fine. So will an online cloud storage system where you scan and save all of your business documents.

File your taxes (or hire an accountant)

As mentioned above, when operating as a Sole Proprietor, you’ll report your business profits or losses on your personal tax return.

While you can file your personal tax return yourself (using a software like Turbotax), you may want to hire a professional to maximize your business tax credits and deductions.

If you’d like to hire a business accountant, we’ve made a list of Business Accountant Recommendations for all 50 states.

Conclusion

While a Sole Proprietorship may seem easier and less expensive than starting a formal business entity (like an LLC), it can be risky. Sole Proprietorships don’t offer asset protection, and you’ll likely still have to file paperwork for a DBA name and business license or permit.

In general, we don’t see many good reasons to operate a business as a Sole Proprietorship, and we don’t recommend it. Sole Proprietorships don’t have any advantages over legal entities.

Instead, we recommend starting an LLC.

Note: The exception to this would be if you really don’t have money to pay for an LLC, especially if your state has expensive fees. For some, a Sole Proprietorship may be the only option for getting your business off the ground and earning profits. In this scenario, a Sole Proprietorship can be a good place to start.

If you’d like to learn more about LLCs, check out our step-by-step guide on starting an LLC in New York.

New York Sole Proprietorship FAQs

What is better, LLC or Sole Proprietorship?

While starting a Sole Proprietorship is easy, the advantages end there.

Sole Proprietorships don’t offer personal asset protection. Meaning, if your business is sued, you’re personally liable for the business debts and obligations. On the other hand, if you form an LLC, your personal assets are protected if your business is sued.

Sole Proprietors are also seen as less official and less legitimate than a formal entity like an LLC.

We recommend forming an LLC instead. Not only does it offer personal asset protection, but they are more credible, and there’s no difference between how you file taxes for a Sole Proprietorship and an LLC.

How do I make myself a Sole Proprietorship?

You don’t have to file any forms to start a Sole Proprietorship in New York. The state considers you to be a Sole Proprietor as soon as you engage in activities with the goal of making money.

However, Sole Proprietorships are required to conduct business under the business owner’s first and last name. Said another way, the business name of a Sole Proprietorship must be the first and last name of the business owner.

For example, if Leslie Turner has started selling leather goods at craft fairs and online, the state considers him to be a Sole Proprietor. This means that Leslie is required to sell leather goods under the business name “Leslie Turner”.

That said, if you’d like to do business under a business name that isn’t your first and last name, you’ll need to register that business name as a DBA (Doing Business As) Name.

For example, Leslie wants to start selling leather goods under the business name “Leslie’s Leathers”. Leslie will need to register “Leslie’s Leathers” as the DBA name for their Sole Proprietorship.

Keep in mind you may still need to register for taxes with the state. You can register to file and pay taxes for your Sole Proprietorship on the New York Department of Taxation and Finance website: Businesses Section.

Are Sole Proprietorships required to register in New York?

No, Sole Proprietorships aren’t required to register with the New York Department of State. It simply exists once you decide to start a business and engage in business activities.

However, if your Sole Proprietorship will use a DBA (aka Assumed Name), then that needs to be filed with the County Clerk’s office in any county where your business operates.

Additionally, you should check with an accountant in New York about whether you need to register your business with the New York Department of Taxation and Finance for things like sales tax or other types of business taxes.

Can a DBA be a Sole Proprietorship in New York?

A DBA isn’t a Sole Proprietorship. A DBA is just a “nickname” for something else – whether that’s a business or person(s).

Having said that, your Sole Proprietorship can do business using a DBA (doing business as) name.

For example, the default name for a Sole Proprietorship is the first and last name of the owner (like: Bob Barkley). However, if you’re running a bagel shop, you can file a DBA called “Bob’s Bagels & Sandwiches” in order to better brand and market your business.

How are Sole Proprietorships taxed?

Sole Proprietors pay taxes on business income or losses using their personal income tax return. Any profit or loss from your business is reported on a Schedule C with the Internal Revenue Service (IRS).

And the Schedule C is included with the rest of your personal tax return (Form 1040).

Sole Proprietors are also required to file and pay taxes like the self-employment tax.

What’s the difference between a Sole Proprietorship and a Partnership?

A Sole Proprietorship is an informal business structure with one owner.

A Partnership, aka General Partnership, is an informal business structure with two or more owners.

While both structures have pass-through taxation, a Partnership needs to file Form 1065 at tax time, while a Sole Proprietorship doesn’t.

Instead, a Sole Proprietor needs to include a Schedule C on their personal tax return.

Matt Horwitz
Matt Horwitz
Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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