A sole proprietorship is one of the simplest and most common forms of business structures in India. It is owned and operated by a single individual, giving them complete control over decision-making and business operations. This structure is favoured by small-scale entrepreneurs due to its ease of setup, minimal regulatory requirements, and full ownership of profits. However, the proprietor assumes unlimited liability, meaning personal assets could be at risk if the business incurs debts. Despite this drawback, the flexibility and autonomy of sole proprietorship make it an appealing choice for those starting a small business.
What is a sole proprietorship?
A sole proprietorship is an unregistered, unincorporated business owned and run by one person, with no separation between the business and the owner. The owner keeps all the profits but is also personally responsible for any debts, losses, and liabilities of the business.
Features of sole proprietorship
1. Formation and Closure
A sole proprietorship is started by the owner himself.
No official legal process is needed to begin this type of business.
However, in some cases, the owner may need a specific licence or certificate to run the business.
The owner is free to close the business whenever he wants.
Example: A goldsmith or medical shop owner may need a proper licence to operate.
2. Liability
In a sole proprietorship, the owner has unlimited liability.
This means the owner is personally responsible for all business debts.
If the business takes a loan and cannot repay it, the owner must pay from his personal assets.
Example: If a sweet shop owner takes a loan, he alone is responsible for repaying it to the bank.
3. Risk and Profit
The sole proprietor alone bears all the business risks.
At the same time, he also enjoys all the profits or faces the losses from the business.
4. Control
The sole proprietor has full control over the business.
He alone takes all decisions and runs the business as he wishes, without any outside interference.
5. No Separate Legal Identity
In accounting, the business and owner are treated separately.
But under the law, there is no difference between the owner and the business.
Without the owner, the business does not exist, as he is the only one running it.
6. No Continuity
If the owner dies, becomes seriously ill, goes to jail, or is declared bankrupt, the business may stop or close down.
However, a legal heir or successor can continue the business on the owner's behalf.
Legal requirements for sole proprietorship businesses
- No separate registration is required for a sole proprietorship.
- However, obtaining the necessary licenses and permits as per local regulations is essential.
- The proprietor's PAN card is often used for taxation purposes.
Types of sole proprietorship businesses
Sole proprietorship businesses can encompass various industries and sectors:
- Service-based sole proprietorship businesses
- Retail-based sole proprietorship businesses
- Technology sole proprietorship businesses
- Manufacturing-based sole proprietorship businesses
- Consulting-based sole proprietorship businesses
1. Service-based sole proprietorship businesses
Service-based sole proprietorship businesses cater to providing specialized services to clients. They focus on delivering expertise in specific areas, often tailored to individual or organizational needs. Examples of service-based sole proprietorship businesses include:
- Freelance writing: Offering writing services for various purposes such as content creation, copywriting, or technical writing.
- Consulting: Providing professional advice and guidance in areas like management, marketing, finance, or human resources.
- Tutoring: Offering personalized academic support or skill development in subjects ranging from academics to music or languages.
- Event planning: Organizing and coordinating events such as weddings, conferences, parties, or corporate functions.
2. Retail-based sole proprietorship businesses
Retail-based sole proprietorship businesses engage in selling goods directly to consumers. They typically operate through physical stores, boutiques, or online platforms. Examples of retail-based sole proprietorship businesses include:
- Small shops: Local stores offering a variety of products like groceries, clothing, or household items.
- Boutiques: Specialized stores focusing on specific items such as fashion apparel, accessories, or handmade goods.
- Online stores: E-commerce platforms selling products across various categories, accessible to customers through the internet.
3. Technology sole proprietorship businesses
Technology sole proprietorship businesses center around providing services or products related to technology. They often involve expertise in software development, web design, or IT consulting. Examples of technology sole proprietorship businesses include:
- Software development: Creating custom software solutions for businesses or individuals, ranging from applications to websites.
- Web design: Designing and developing websites tailored to meet clients' specific needs or preferences.
- IT consulting: Providing advice and assistance on technology-related issues such as network setup, cyber security, or software implementation.
4. Manufacturing-based sole proprietorship businesses
Manufacturing-based sole proprietorship businesses focus on producing goods for sale to consumers or other businesses. They may involve crafting artisanal products, small-scale manufacturing, or custom production. Examples of manufacturing-based sole proprietorship businesses include:
- Artisanal craft makers: Creating handmade or customized items such as jewellery, pottery, or artwork.
- Small-scale manufacturers: Producing goods on a limited scale, often with a focus on niche markets or specialized products.
- Custom production shops: Offering tailored manufacturing services for specific client needs, such as furniture making or garment production.
5. Consulting-based sole proprietorship businesses
Consulting-based sole proprietorship businesses specialize in providing expert advice and guidance to clients in various fields. They offer professional services ranging from legal consulting to financial advisory or business coaching. Examples of consulting-based sole proprietorship businesses include:
- Legal consulting: Offering legal advice and assistance to individuals or businesses on matters such as contracts, regulations, or dispute resolution.
- Financial advisory: Providing expertise in financial planning, investment management, or wealth preservation strategies.
- Business coaching: Guiding entrepreneurs or business owners in areas such as strategy development, leadership skills, or organizational growth.
Advantages of a sole proprietorship
Fewer Compliances
Starting a sole proprietorship is simple and can be done by just one person. There are very few legal formalities required to begin. It is also more affordable compared to starting a company or an LLP, making it a cost-effective option.
Full Control of the Business
The sole proprietor has full control over all parts of the business. Since only one person is managing everything, it’s easier to keep business matters private.
Fast Decision-Making
All business decisions are made by the sole proprietor. As there’s no need to consult others, decisions can be taken quickly and without delay.
Disadvantages of a sole proprietorship
Unlimited liability
There is an unlimited liability on the sole proprietor. He is personally liable for all the transactions he enters in the business. If any loss occurs, he will have to bear the whole loss out of his personal estate.
No perpetual succession
There is no perpetual succession which means it can come to an end if something happens to the sole person taking care of the business. It can shut down at any time. This makes the business unreliable and difficult to gain public trust for entering into agreements or contracts to expand the business.
Difficult to raise funds
Since a single person manages the business, it is not easy to raise capital. The capital of the business is from the investments put in by the sole proprietor. The sole proprietorship firm has no separate legal entity status from the owner. As it can come to an end at any time and there is no separate entity, it is difficult to obtain funds from third parties.
How to start a sole proprietorship
Here are the basic steps that help in creating a sole proprietorship:
- Choose a business name and location.
- Obtain necessary licenses and permits.
- Register for GST if applicable.
- Open a separate bank account for business transactions.
How to create a sole proprietorship
Starting a Sole Proprietorship
A sole proprietorship is very simple to set up. If you are the only owner and start doing business, your business is automatically treated as a sole proprietorship. You don’t need to register it legally or submit any official documents to start operating.
Business Licences and Permits
Depending on the type of business and where you are running it, you might need to apply for a business licence or permit. In some places, you can’t begin operating until you get the proper approvals.
To know what’s required in your area, contact your local municipal or panchayat office. They will guide you and provide the necessary forms.
Using a Business Name (Different from Owner’s Name)
If you plan to run your business under a name that is not your own, you may need to register that business name. This is often called a “DBA” – Doing Business As. It helps inform the local government and public that the business is operating under a different name and who the real owner is.
Choosing whether to use your own name or a different name is up to you. If you are well-known in your area or industry, using your own name can help build trust.
But there is also a risk. If the business faces legal or financial problems, your personal name may get a bad reputation. This can affect your future businesses.
Getting an EIN (Employer Identification Number)
You will need to apply for an EIN (Employer Identification Number) if you:
- Plan to hire employees
- Need to file excise tax returns (for items like alcohol or tobacco)
- Will submit pension-related tax documents
If you are running the business alone without employees, you can usually use your PAN or Aadhaar number as your tax ID.
You can apply for an EIN online or by submitting Form SS-4 to the tax authorities.
Example of a sole proprietorship
A local bakery owned and operated by a single individual is an example of a sole proprietorship. The owner manages all aspects of the business, from baking to sales and marketing.
Difference between a sole proprietorship and a one person company
While both a sole proprietorship and a one person company (OPC) are business entities managed by a single individual, they differ primarily in terms of their legal structures and the liability borne by the owner.
- Legal structure: While a sole proprietorship is an unregistered entity managed by an individual, an OPC is a formally registered company.
- Liability: The sole proprietor has unlimited liability, thereby putting personal assets at risk in case of business debts. In contrast, an OPC owner has limited liability, safeguarding personal assets from business liabilities.
- Financial risk: In a sole proprietorship, business debts could affect the proprietor's personal finances. However, in an OPC, financial risks are confined to the business, protecting the owner's personal finances.
- Continuity: An OPC continues to exist even on the death of the owner, whereas a sole proprietorship ceases to exist.
- Legal obligations: A sole proprietor is personally responsible for all legal obligations created by the business, while an OPC being a separate legal entity, is liable for its own legal obligations.
Sole Proprietorship vs. LLC vs. Partnership
|
Sole Proprietorship |
LLC |
Partnership |
Establishment |
Easy to establish, no paperwork unless required by the state |
Must file articles of incorporation with the state |
This might require contracts for each partner |
Business Name |
Can operate under owner's or fictitious name or formally register under Doing Business As |
Established and secured |
Can operate under owner's or fictitious name or formally register under Doing Business As |
Liability |
No legal protection, owner is fully liable |
Protection for owners |
No legal protection, owner fully liable |
Taxation |
Filed under owner's personal taxes if there is no EIN |
Filed under owner's personal taxes for one owner |
Filed under partnership |
Treated as partnership for two or more owners |
Partners declare income and losses from partnership on personal returns |
||
Can sole proprietors get a business loan?
Yes, a sole proprietor can apply for a business loan to finance business operations, expansion, or other needs. Explore various business loan options with Bajaj Finance.
Conclusion
A sole proprietorship is a straightforward and flexible business structure, perfect for small-scale entrepreneurs. It gives you full control over operations and profits, but the downside is unlimited personal liability, which means your personal assets are at risk. While it is easy to set up and run, there are challenges, such as limited access to capital and slower business growth. If you prefer simplicity, it is a great option to start your business.