How Sole Proprietors are Taxed

by Nolo

As a sole proprietor you must report all business income or losses on your personal income tax return; the business itself is not taxed separately. (The IRS calls this “pass-through” taxation, because business profits pass through the business to be taxed on your personal tax return.)

Here’s a brief overview of how to file and pay taxes as a sole proprietor — and an explanation of when incorporating your business can save you tax dollars.

Filing a tax return
The only difference between reporting income from your sole proprietorship and reporting wages from a job is that you must list your business’ profit or loss information on Schedule C (Profit or Loss from a Business), which you will submit to the IRS along with Form 1040.

You’ll be taxed on all profits of the business — that’s total sales minus expenses — regardless of how much money you actually withdraw from the business. In other words, even if you leave money in the company’s bank account at the end of the year — for instance, to cover future expenses or expand the business — you must pay taxes on that money.

You can deduct your business expenses in the same manner as any other type of business. You are allowed to write off any money you spend in pursuit of profit, including start-up costs, operating expenses and product and advertising costs, as well as business-related meals, travel and entertainment expenses. But you’ll need to keep accurate records for your business that are clearly separate from your personal expenses. One good approach is to keep separate checkbooks for your business and personal expenses — and pay for all of your business expenses out of the business checking account.

Estimated taxes
Because you don’t have an employer to withhold income taxes from your paycheck, it’s your job to set aside enough money to pay taxes on any business income you bring in over the year. To do this, you must estimate how much tax you’ll owe at the end of each year and make quarterly estimated income tax payments to the IRS and, if required, to your state tax agency.

Self-employment taxes
Sole proprietors must make contributions to the Social Security and Medicare systems; taken together, these contributions are called “self-employment taxes.” Self-employment taxes are equivalent to the payroll tax for employees of a business. But while regular employees make contributions to these two programs through deductions from their paychecks, sole proprietors must make their contributions when paying their other income taxes.

Another important difference between employees and sole proprietors is that employees only have to pay half as much into these programs because their contributions are matched by their employers. Sole proprietors must pay the entire amount themselves.

The self-employment tax rate for 2002 was 15.3% of the first $84,900 of income and 2.9% of everything over $84,900. You’ll need to research the current years’ rate. Self-employment taxes are reported on Schedule SE, which a sole proprietor submits each year with his 1040 income tax return and Schedule C.

Incorporating your business may cut your tax bill
Unlike a sole proprietorship, a corporation is considered a separate entity from its owners for income tax purposes. Owners of corporations don’t pay tax on money earned by the corporation unless they receive the money as compensation for services (salaries and bonuses) or as dividends. The corporation itself pays taxes on all profits left in the business.

While more complicated, corporate taxation can offer business owners some tax advantages. Corporate owners who need or want to leave some profits in the business can benefit from lower corporate tax rates, at least for the first $75,000 of profits. For example, if your Web design company wants to build up a reserve to buy new equipment or your small label manufacturing company needs to accumulate valuable inventory as it expands, you may choose to leave money in the business — let’s say $50,000. If you operate as a sole proprietor, those “retained” profits would be taxed at your marginal individual tax rate, which is probably over 27%. But if you incorporate, that $50,000 would be taxed at the lower 15% corporate rate.

To learn more about how incorporating can reduce your tax bill, see How Corporations are Taxed.

Copyright © Nolo

About the author: Nolo's mission is to make the legal system work for everyone -- not just lawyers. What we do: To help people handle their own everyday legal matters -- or learn enough about them to make working with a lawyer a more satisfying experience -- we publish reliable, plain-English books, software, forms and this website. Some of our products have been in print almost 30 years, which is how long Nolo has been in business. Everything we publish is regularly revised, updated and improved by our staff of lawyer-editors, to make sure that it's the best it can be. We pay attention not only to changes in the law, but to feedback from customers, lawyers, judges and court staffers. The Internet is tailor-made for delivering self-help legal information. Online, we can make useful, up-to-date legal information and products available instantly, 24 hours a day. Our site provides articles on almost any legal topic, and links to other helpful websites. People who need more help can buy a book or software program, download a short "eGuide" or electronic FormKit or fill out a single legal form online. (And unlike any lawyer we know, we provide a money-back guarantee.) We also use our website to promote our own proposals for reforming America's legal system, and to poke a little fun at courts and lawyers. Maybe it's because we know the legal system so well -- after all, almost all of our editors and authors are lawyers themselves -- that we enjoy slipping in a lawyer joke here and there. Why we do it: Everybody knows that lawyers charge too much and explain too little about what they're doing. What many people don't know (although they may suspect it) is that in many instances, lawyers are simply unnecessary. We believe the legal system is in serious need of repairs to make it simpler, fairer and more accessible to ordinary people, and we're working toward those ends. But as long as the system is more attuned to the lawyers than the public, Nolo will keep guiding people through it. More »

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