If you’re currently self-employed in the state of Florida, or if you’re looking to enter the world of one-person business ownership, you’ve probably looked into becoming a sole proprietor.
The sole proprietorship is the simplest business ‘format’ in America, but that doesn’t mean that there aren’t rules and regulations to follow when you operate one. In addition, there are some limits to the functionality of a sole proprietorship.
In this guide, we’ll walk you through the steps to setup a sole proprietorship properly, and help you determine whether or not a sole proprietorship is a good choice for your business.
When it comes to being a sole proprietor in the state of Florida, there is no formal setup process. There are also no fees involved with forming or maintaining this business type. If you want to operate a Florida sole proprietorship, all you need to do is start working.
However, just because it’s so easy to get started doesn’t mean there aren’t some additional steps you should take along the way. While these parts of the process aren’t strictly required, many sole proprietors find that they are in their best interests.
A doing business as (DBA) name is a crucial part of many sole proprietorships, as it enables you to use an assumed name for your business, rather than your own personal name. The advantages of acquiring a DBA start with image ― most customers feel that an assumed name is more professional and trustworthy than doing business with a company that uses its owner’s personal name instead.
That said, sole proprietors can sign up for a business bank account using their DBA name, which is another step that goes a long way toward making customers feel more comfortable doing business with you.
You will begin the process of acquiring a DBA in Florida by searching the Secretary of State’s database of fictitious names to determine whether your desired DBA is available for use, and once you have done so, you can claim your DBA by filing a Fictitious Name Registration with the Florida Secretary of State. You may do so by either mailing in a paper application or by filing online.
If you need more detailed guidance on the DBA acquisition process in Florida, then you should check out our article about Florida DBAs.
Sole proprietors without employees usually don’t need to acquire a federal tax ID number (EIN), because as a one-person business, you can typically just use your own social security number for most things an EIN is used for. Still, if you would rather not use your SSN for privacy purposes, it would be a good idea to get an EIN regardless.
Beyond that, the nature of your business will determine which taxes apply to you as a sole proprietor.
Businesses that sell goods or products, for example, are typically subject to Florida’s sales and use tax. To register to pay these types of business-specific taxes, you must submit Form DR-1, the Florida Business Tax Application. By submitting this form, you will officially register your business with the Florida Department of Revenue and automatically register for any taxes that your business is liable for. You can submit this form either online or by mail.
There isn’t a requirement in Florida for sole proprietors to acquire a general business license, but depending on the nature of your business you may need other licenses and/or permits to operate in a compliant fashion.
Since Florida has a large number of these types of licenses and permits, you should consult the Florida Department of Business and Professional Regulation’s businesses and professions search to determine whether any apply to your business.
In addition, you should check to see if your business needs any licenses or permits on the local level.
Major Florida cities – including Jacksonville, Miami, Tampa, Orlando, and St. Petersburg – all have their own individual laws and regulations, so you should check with your city or county to ensure that you have met all local requirements.
As opposed to a corporation or limited liability company (LLC), the sole proprietorship is not a legal business entity. The sole proprietorship is a one-person business that is not considered to be a distinct entity from the person who owns it, and it is frequently operated using the owner’s personal name.
Because there’s no distinction between the owner and the business itself, sole proprietors don’t need to file business tax returns ― they instead simply claim any business profits or losses on their personal tax returns.
Sole proprietors are allowed to sign contracts using their personal name, and along those same lines, customers can write checks to the business by using the sole proprietor’s name.
The other big difference between sole proprietorships and more formal business structures is the fact that sole proprietors are allowed to commingle business and personal assets as much as they want to. With LLCs and corporations, ownership is required to keep their assets separate from those of the company. The downside of this aspect for sole proprietors is that if your business is sued, creditors are free to pursue your personal assets like your house, car, personal bank accounts, etc. For corporations and LLCs, creditors are limited to your business assets.
While the sole proprietor is such a simple business classification that Florida doesn’t even require a business registration process or any type of fees, depending on how you use your sole proprietorship and what industry you operate in, you still might have some important steps that need to be taken.
When it comes to issues of taxation, licenses and permits, or even the name you want to call your sole proprietorship, you do need to be vigilant to make sure you’re not overlooking anything.
We hope this guide helped you answer any questions you had for sole proprietorships in Florida, and we wish you success with your business!
Ready to Start Your LLC?