Company Formation

Sole Proprietorship vs LLC (2023)

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The decision of whether to form a sole proprietorship or a limited liability company (LLC) will have significant legal, financial, and operational implications for the business, which is why understanding the differences between these two business structures is critical to making the right choice.

A sole proprietorship is the simplest and most common type of business structure. It is owned and operated by a single individual who is responsible for all the business’s profits, debts, and liabilities. In a sole proprietorship, there is no legal distinction between the owner and the business. As a result, the owner assumes all the risks and responsibilities of the business.

On the other hand, an LLC is a legal entity that is separate from its owners. An LLC provides its owners with limited liability protection, meaning that the owners are not personally liable for the business’s debts and obligations. This is one of the main advantages of an LLC over a sole proprietorship.

In this article, we will explore the differences between sole proprietorship and LLC, including their advantages and disadvantages. We will also highlight the key factors that entrepreneurs and business owners should consider when choosing between the two business structures. By the end of this article, you will have a better understanding of which structure is right for your business needs.

Sole Proprietorships

A sole proprietorship is a popular business structure because it’s simple and affordable to start, and the owner has complete control over the business. This means that the owner can make quick decisions without having to consult with anyone else. Additionally, there are no formal requirements for setting up a sole proprietorship, making it easy and affordable to start a business.

However, one of the biggest disadvantages of a sole proprietorship is that the owner has unlimited liability for the business’s debts and obligations. This means that if the business is sued or cannot pay its debts, the owner’s personal assets, such as their home or car, could be at risk.

Sole proprietorships are typically used for small businesses that do not have significant risks or liabilities. Some examples of businesses that are often sole proprietorships include freelance writers, consultants, and small retail shops.

LLCs – Limited Liability Companies

One of the main advantages of an LLC is its limited liability protection, which is not available in a sole proprietorship. LLCs separate personal assets from business debts and obligations, protecting the owner’s personal assets in case of lawsuits or bankruptcy. Additionally, LLCs provide flexible taxation options, allowing the business to choose how it’s taxed, which can offer significant tax benefits.

Forming an LLC can also give a business increased credibility and professionalism, which can be beneficial when dealing with customers, suppliers, and investors. Furthermore, LLCs have a perpetual existence, meaning that they can continue to operate even if one of the owners dies or leaves the business. LLC ownership can also be transferred easily, making it simple to sell the business or bring in new investors.

However, LLCs can be more expensive to set up than sole proprietorships or partnerships, as they require formal registration and documentation. They also require more formalities, such as holding regular meetings, maintaining detailed records, and following specific procedures. LLC owners are subject to self-employment taxes, which can be higher than other forms of business taxation.

Lastly, while LLCs provide limited liability protection, there are some circumstances where this protection can be waived, such as in cases of fraud or illegal actions by the owner.

Key Differences Between Sole Proprietorships and LLC

Here’s a brief rundown of the most important differences between a sole proprietorship and an LLC:

  1. Liability: As previously mentioned, the main difference between a sole proprietorship and an LLC is liability protection. In a sole proprietorship, the owner is personally liable for all business debts and obligations. In contrast, an LLC provides limited liability protection, separating the owner’s personal assets from the business’s debts and obligations.
  2. Taxation: Sole proprietors report business income and expenses on their personal tax return, while LLCs can choose to be taxed as a sole proprietorship, partnership, S corporation, or C corporation. This flexibility allows LLC owners to choose the taxation method that is most beneficial for their business.
  3. Ownership and management: Sole proprietorships have a single owner who makes all the decisions and has complete control over the business. LLCs, on the other hand, can have multiple owners who share decision-making power and can take on different management roles.
  4. Formalities: Sole proprietorships are simple to set up and require no formalities or ongoing paperwork. LLCs, however, require formal registration and documentation, as well as regular meetings, record-keeping, and other formalities.
  5. Cost: Sole proprietorships are generally less expensive to set up than LLCs, which require legal and filing fees. LLCs may also have ongoing fees, such as annual reports or franchise taxes, depending on the state in which the business is located.

Which Business Formation is Right for You?

In addition to the factors previously discussed, there are several other factors business owners should consider when deciding between a sole proprietorship and an LLC:

  1. Nature of the business: The nature of the business can have a significant impact on which business structure is most appropriate. For example, a business that involves a high degree of risk or liability may benefit from the added protection of an LLC.
  2. Liability concerns: Liability protection is a critical factor to consider when selecting a business structure. Business owners should consider the potential risks associated with their business and decide if they need the limited liability protection that an LLC offers.
  3. Tax implications: Tax considerations are also an important factor to consider when choosing between a sole proprietorship and an LLC. Business owners should assess their business’s tax obligations and determine the most beneficial taxation structure.
  4. Future growth plans: Business owners should also consider their long-term growth plans. If they plan to expand their business or bring on investors, an LLC may be a better option due to the flexibility it offers in terms of ownership and management.
  5. Personal preferences: Finally, personal preferences can play a role in the decision between a sole proprietorship and an LLC. Business owners should consider their own management style, willingness to take on formalities, and overall goals for their business when making this decision.


Sole proprietorships and LLCs both have their advantages and disadvantages, and it’s essential to consider all relevant factors before making a decision.

While a sole proprietorship is the easiest and most cost-effective business structure to set up, it also leaves the business owner personally liable for any debts or legal issues. On the other hand, an LLC provides limited liability protection, more flexible management options, and potential tax benefits.

Ultimately, the right business structure will depend on the unique needs and goals of each business owner. It’s crucial to carefully weigh the advantages and disadvantages of each option and seek advice from legal and financial professionals as needed.

By taking a thoughtful and strategic approach to selecting a business structure, business owners can set their business up for long-term success and minimize their risk of legal and financial issues.