Definition
A proprietorship (also known as a sole proprietorship) is a type of unincorporated business owned and operated by a single individual. The proprietor owns all the assets of the business and is personally liable for all its liabilities. In a proprietorship, there is no legal distinction between the owner and the business.
Examples
- Freelance Writer: A person working as a self-employed writer, who sells articles, books, or other written content, operates as a sole proprietor.
- Independent Consultant: A business analyst who operates independently and provides consulting services to various companies is a sole proprietor.
- Local Store Owner: An individual running a small retail store or an online shop without any partners or corporate structure runs a proprietorship.
Frequently Asked Questions
What are the main advantages of a proprietorship?
- Simplicity: Easy to set up and administer with less regulatory paperwork.
- Control: Complete control over business decisions.
- Tax Benefits: Income is taxed as personal income, possibly at a lower tax rate.
What are the main disadvantages of a proprietorship?
- Unlimited Liability: The proprietor is personally liable for all business debts and obligations.
- Funding Challenges: Difficulties in raising capital since the business may be perceived as riskier by investors.
- Longevity: The business may cease to exist upon the death or incapacity of the proprietor.
How is income reported for a proprietorship?
Income from a proprietorship is reported on Schedule C of the owner’s Form 1040. The net income is also subject to self-employment tax.
Can a proprietorship have employees?
Yes, a sole proprietor can hire employees. However, the owner must comply with employment laws and tax requirements related to payroll.
- Unlimited Liability: The legal obligation that the debts of the business are the personal responsibility of the owner.
- Self-Employment Tax: A tax consisting of Social Security and Medicare taxes for individuals working for themselves.
- Form 1040: The standard IRS form used by individuals to file their annual income tax returns.
Online References
Suggested Books for Further Studies
- Sole Proprietorship: Small Business Start-Up Kit by Peri Pakroo
- The Small Business Start-Up Kit: A Step-by-Step Legal Guide by Peri Pakroo
- Running a Business for Dummies by Colin Barrow
Fundamentals of Proprietorship: Business Law Basics Quiz
### What is a proprietorship?
- [x] A business owned by a single individual, with the owner having complete control and personal liability.
- [ ] A business owned by multiple shareholders, with limited liability for each.
- [ ] A franchised business model with multiple franchisees.
- [ ] A federally incorporated business with a board of directors.
> **Explanation:** A proprietorship is an unincorporated business owned by a single person who has complete control over the business and is personally liable for all its debts.
### How is the income from a proprietorship reported?
- [ ] On Form 1065
- [x] On Schedule C of Form 1040
- [ ] On Form 1120
- [ ] On Schedule K-1
> **Explanation:** Income from a proprietorship is reported on Schedule C of the owner's Form 1040, which details profit and loss specifically for self-employed individuals.
### What is a significant risk associated with a proprietorship?
- [ ] Limited personal liability
- [ ] Double taxation
- [x] Unlimited personal liability
- [ ] Higher corporate tax rates
> **Explanation:** One of the primary disadvantages of a proprietorship is unlimited personal liability, meaning the owner's personal assets can be used to satisfy business debts.
### Can a proprietorship employ people?
- [x] Yes, a proprietorship can hire employees, provided the owner complies with employment regulations and tax obligations.
- [ ] No, only partnerships and corporations can hire employees.
- [ ] Only if the proprietor's business revenue exceeds a certain amount.
- [ ] Yes, but only independent contractors, not full-time employees.
> **Explanation:** A sole proprietor can hire employees, but must comply with all employment laws and tax requirements, including Social Security and Medicare contributions.
### What is a common tax obligation for proprietors?
- [x] Self-employment tax
- [ ] Corporate income tax
- [ ] Payroll tax for employees only
- [ ] Franchise tax
> **Explanation:** Proprietors are required to pay self-employment tax, which covers Social Security and Medicare taxes for income earned through their business practice.
### What is one main advantage of a proprietorship?
- [ ] Unlimited liability protection
- [ ] Ease of raising capital
- [x] Simple and inexpensive to establish
- [ ] Corporate veil protection
> **Explanation:** One of the main advantages of a proprietorship is its simplicity and cost-efficiency in establishment and administration.
### What happens to a proprietorship if the owner passes away?
- [x] The business typically ceases to exist unless a succession plan is set up.
- [ ] It automatically becomes a corporation.
- [ ] It continues to operate indefinitely as a separate legal entity.
- [ ] It merges with any other businesses owned by the individual.
> **Explanation:** A proprietorship generally ceases upon the owner's death unless mechanisms are established to transfer ownership or follow a legal succession plan.
### Which IRS form is used to list profit and loss for a proprietorship?
- [ ] Form 1065
- [ ] Form 1120
- [ ] Form 941
- [x] Schedule C
> **Explanation:** Proprietors use Schedule C to report income and expenses from their business on their personal Form 1040 tax return.
### How does a proprietorship differ from a partnership?
- [x] A proprietorship is owned by one person, whereas a partnership is owned by two or more individuals.
- [ ] A proprietorship is incorporated, whereas a partnership is not.
- [ ] Proprietorships pay higher tax rates.
- [ ] Partnerships don't require personal liability from owners.
> **Explanation:** A proprietorship involves a single owner with personal liability; partnerships involve two or more individuals sharing ownership and responsibilities.
### Why might investors be wary of funding a proprietorship?
- [ ] Proprietorships usually don't have payroll expenses.
- [x] Proprietorships are often seen as riskier due to the owner's unlimited liability and potential operational limitations.
- [ ] They are legally required to decline any funding.
- [ ] Funding a proprietorship can lead to personal asset claims.
> **Explanation:** Investors often view proprietorships as riskier investments due to the owner's unlimited liability, which can suggest a higher financial risk if the business fails.
Thank you for exploring the intricacies of proprietorships with us! Continue your studies to build solid foundations in business law.