Many self-employed Delaware residents are eager to start their businesses. The simplest and most rational solution to this issue is to join the ranks of sole proprietors.
Organizing and managing a business in this format is the least difficult in America and has no service pitfalls. Although, future business owners will have to adhere to certain norms. Also, be prepared that you will have to face some restrictions regarding the functions of your sole proprietorship.
So, the main task of this manual is to help you answer the essential question – is the business format of an individual enterprise right for you? And, of course, we will tell you which aspects to pay attention to while opening a sole proprietorship and how to set up a business structure in this vein properly.
The Proper Way To Start Business As The Delaware Sole Proprietor
There is no algorithm for organizing the business work of an individual entrepreneur in Delaware as for LLC. In addition, the state does not charge additional service fees for the formation or management of this type of business or company. Are you looking to become an individual business owner and start a sole proprietorship in Delaware? – Just start working!
Though, you still have to go through several additional legal formalities. These service stages are optional. Although many sole proprietors prefer not to neglect them, compliance with these formalities guarantees the legal protection of their interests.
Applying For DBAs
Almost every company and business owner prefers doing business as a DBA. There are many benefits to running a business under an assumed name compared with an entity or LLC. We are talking primarily about creating the business image of your company. Potential clients and consumers will find this approach more professional and give you more confidence. It turns out that a company that uses the real name of its owner is often not competitive.
Let’s clarify that a company owned by sole proprietors can use the DBA to open and manage a business bank account. Customers will appreciate it as one more advantage in favor of the business owner, so they feel more comfortable.
The process for obtaining DBA is almost completely identical for all states. In Delaware, business owners will need to initiate a trade, business, and fictitious names search. This stage is essential, as it will help you understand whether the DBA you have chosen is vacant.
Next, they need to apply for the Registration of Trade, Business, and Fictitious Name Certificate with the county. Naturally, such an application must be submitted in the district where the commercial activity will take place. Information on how and where owners need to apply is available here.
If you realize that you have not fully understood the issues of obtaining a DBA in Delaware and you need clarification, study our expert material on this issue.
Clarification & Compliance with Tax Requirements
You can run your business in this format and not hire third-party employees. In this case, you do not need to obtain an EIN (Federal Tax Identification Number) because your Social Security number will replace it. Of course, it would be correct to take care of your confidentiality and still use the EIN and not the SSN.
The nature and the structure of the business activity of individual entrepreneurship determine the list of tax requirements that the state will put forward (as with LLC).
So, the nature of your business, namely what services and goods you sell, is the determining factor in tax matters. If your company earns income from working in a narrowly focused industry (car repair, providing services related to real estate, organizing a warehouse, carrying out transportation, etc.), you should familiarize yourself with a strict list of your tax obligations.
The State of Delaware understands the tough times for today’s entrepreneurs and is trying to make it easier for them to identify their tax liabilities. All taxpayers need to do is go through a simple One Stop Business Registration and Licensing. Thus, they will automatically receive a notification about the taxes that they must pay.
Business Licenses & Permits
Delaware sole proprietors are exempt from the need to purchase a general business license. However, each of them must take care of obtaining many other licenses and/or permits. The law puts forward different licensing requirements for different types of businesses.
Obtaining a general business license is a general requirement for all Delaware companies and sole proprietorships. This license is valid for 12 months. It doesn’t matter when the company applied – in March or August, this license expires on December 31st. In addition, company owners will have to pay a commission fee of USD75.
At the same time, the state is on guard of the companies’ interests! If they obtain a license in the middle of the year, the commission will be proportionally reduced. Registration of this license takes place on the One-Stop Business portal. This file is always available for download. Managers of the company must complete and submit it to the Delaware IRS.
Industry permits and licenses must not be overlooked! They also play a significant role in the development of your company. Without them, doing business would be restricted by the state government.
Delaware has several industry licenses and permits. For your business to meet the state requirements in this matter, apply to the One-Stop Business Registration and Licensing system. It will help you figure out which industry licenses and permits your business project needs.
There are also many licenses that you need to obtain locally. It is an important issue that should not be overlooked.
Business owners must make sure that the local jurisdiction (city or county) also has no claims against them. For example, Wilmington, Dover, and Newark are providing individual licensing and permitting rules.
Delaware Sole Proprietor: The Notion & Essence
A sole proprietor is not a legal entity! But any corporation and limited liability company (LLC) has this status. As a sole proprietor, you run the business alone (register and manage it on your behalf). It is worth noting that this gives the business owner advantages, though, imposes additional obligations and responsibilities on him.
Make Sure to Pay Attention to the Following Three Aspects
There are obligations to pay taxes to the state
A business owner and an individual entrepreneur are the same people. It means that filing tax returns is not a requirement, as with an entity or LLC. You need to declare your income and expenses and fill out the declaration of an individual;
Business owners who are registered as sole proprietors have the right to enter into contracts on their behalf, unlike an entity. Also, receiving profit from clients, in checks they can indicate their name in the recipient column;
Flexible terms of business management
The advantage difference between individual entrepreneurship and any entity is the ability to combine work and personal assets. Whereas corporations and LLCs must separate personal assets from company assets. It has several positive and negative aspects. For example, if you have financial difficulties, creditors can seize or confiscate your personal property (house, car, etc.). In the case of corporations and LLCs (or any entity), creditors do not have this freedom, as their powers only apply to business assets.
Of course, the structure of doing legal business as a sole proprietor is greatly simplified while in Delaware. You don’t even have to pay any commission fees provided for the entity or LLC. At the same time, based on the nature and structure of the business activity that you conduct, you will all have to go through a series of entity stages.
The issues of taxation, obtaining licenses, and permits require more detailed consideration. Also, pay attention to the possibility of obtaining and using DBA. These aspects are vital, as their omission can result in unnecessary legal penalties for you.
We have prepared this manual so that you can think over the structure of your business to the smallest detail. Manage it correctly and get more legal profit!