Small
Business Tax Tips - Are You a Sole Proprietor (and Don't Even Know It?)
By Wayne Davies
Do you wonder whether the IRS views you as a sole proprietor? Then you
came to the right place. Step right up and get an answer to this
all-important question.
According to the IRS, a sole proprietor is someone who owns an
unincorporated business by himself or herself. There are two key words in
that definition. Let's unpack them both.
First, "unincorporated". The IRS is saying that if your business is not
a corporation, a partnership, or a limited liability company (LLC), then
you are a sole proprietor.
(Note: A single-owner LLC can be taxed like a sole proprietorship, if
it so chooses. Or it can be taxed like a corporation. It's up to the
owner. If you do nothing, by default a single-owner LLC will be considered
a sole proprietorship for tax purposes. To be taxed like a corporation, a
LLC must tell the IRS via Form 8832, Entity Classification Election.)
Second, "business". If you are engaging in an activity such as selling
a product or service with the intent to make a profit, then you own a
business. The key word in that previous sentence is "intent", because you
do not actually have to make a profit to have a business. You simply must
have a profit motive and you must demonstrate that motive by doing things
to further the interests of the business.
And it doesn't necessarily matter how much time you spend in the
pursuit of profit. You may have a regular full-time job as an employee for
which you receive a W-2, and have a part-time business on the side. And as
far as the IRS is concerned, a part-time business is a business.
The phrase "sole proprietor" has several well-known synonyms, such as
"independent contractor" and "self-employed". These terms are used
interchangeably and you'll find them used as such in business books as
well as IRS publications.
Why is this such an important issue? With the explosion in recent years
of online money-making opportunities such as eBay and affiliate marketing,
many people now meet the IRS definition of a sole proprietor and don't
even realize it! I know that may sound hard to believe, but it's true.
Of course, there have always been plenty of home-based, part-time,
small business opportunities for people eager to make some extra money.
Think "moonlighting". Think Amway. Think multi-level marketing. Do those
words ring any bells?
But the internet has given people a whole new range of money-making
ideas. So if you are selling used items on eBay, you are considered a sole
proprietor in the eyes the IRS, and you are required to report that income
on your personal income tax return (assuming that you have not formed a
corporation, partnership or LLC that is taxed like a corporation).
And by reporting the income and expenses from your fledgling online
business, you have just significantly increased the complexity of your tax
return. Congratulations, you are about to entered the wild and wacky world
of small business taxes.
There are two things you can do to educate yourself on the basics of
filing a tax return for your new small business. First, find a local tax
professional who is experienced in preparing sole proprietorship returns.
Do yourself a favor and don't even try doing-it-yourself. And second, do
some reading on the subject. You don't have to become a small business tax
expert, but you do have to understand the basics. Your local library
should have plenty of helpful books, and the IRS website has many good
resources at its Small Business and Self-Employed Tax Center.
Looking for more small business tax tips? For a free copy of the
25-page Special Report "How To Instantly Double Your Deductions" visit
http://www.YouSaveOnTaxes.com. Wayne M. Davies is author of 3 ebooks
on tax reduction strategies for small business owners and the
self-employed.
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