Small Business Tax Tips: Are You A Sole Proprietor (and Don't Even Know It?)

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.

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