New York Sole Proprietorship

How to Become a New York Sole Proprietor

Starting a sole proprietorship in New York is straightforward. There’s no formal setup process or fees involved. To operate one, simply start working.

However, despite its simplicity, there are some additional steps you might want to consider. While not strictly required, many sole proprietors find them beneficial.

DBA Acquisition

A New York 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.

Before filing for a DBA in New York, you must first confirm the name is available. While you may use the Corporation and Business Entity Database as a preliminary check, confirming the name is available for use will require that you submit a written request to the Department of State, Division of Corporations (located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231) stating that you wish to determine the availability of the name(s) included.

When you receive confirmation that your selected name is available, you may claim it by filing a Business Certificate with the County Clerk’s office of the county in which the sole proprietorship operates.

Determine Taxation Requirements

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.

Most businesses that sell tangible property and services and/or purchase goods or services from outside the state will be required to pay both sales and use tax. Sales tax rates will vary depending on location; to see your local sales tax rate, look up your jurisdiction with the Department of Taxation and Finance. For a list of additional taxes your sole proprietorship may be subject to paying, check out this list of other taxes and reporting requirements.

It should be noted that New York sole proprietorships do not pay any corporation or franchise taxes. The income of the business will be taxed as the owners personal income. For more information on state taxes and how to file them, visit the New York State Department of Taxation and Finance website.

Obtain Business Licenses and Permits

There isn’t a requirement in New York for sole proprietors to acquire a general business license, but depending on the nature of your business you may need other New York licenses and permits to operate in a compliant fashion.

New York has over a thousand licenses that may or may not apply to your sole proprietorship. A comprehensive list of the licenses and who they apply to can be found in the Licensing section of the New York State government’s website.

When you’re ready to start your business, you’ll want to use New York’s Business Express to determine which licenses and permits you’ll need. Using the system, you may enter details about your sole proprietorship and receive specific licensing instructions.

In addition, you should check to see if your business needs any licenses or permits on the local level.

In addition to meeting state licensing requirements, your sole proprietorship may need licensing on a local level. For example, New York City often has its own mandatory permits and licenses. To discover which may be applicable to you, visit New York City’s business service, which allows you to get a customized list of licensing requirements for your business.

What Is a New York Sole Proprietor?

As opposed to a corporation or New York 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.

Here are the three main things you need to know:

Tax Responsibilities

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.

Contracts

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.

More Flexible

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.