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The Daily Insight

What is the difference between an LLC and a sole proprietorship?

Author

John Peck

Updated on April 03, 2026

Sole proprietorships are a bit more straightforward than an LLC. A sole proprietorship is owned and run by a single person. This business structure is unincorporated, meaning that the company is not considered a separate legal entity.

What is the difference between a single member LLC and SLLC?

Single-Member LLC vs. Multi-Member LLC — As the name implies, a single-member LLC (SLLC) has one owner. The IRS treats SLLCs like a sole proprietorship, in the sense that the owner doesn’t have to file separate taxes (note that this is not always the case at the state level).

What is the difference between domestic and foreign LLC?

Domestic LLC vs. Foreign LLC — Domestic LLC refers to the state where the LLC is formed. For example, if an LLC is registered in Colorado and does business in Colorado, it’s a domestic LLC. But if that same business is registered in Nevada (to do business in Colorado), it’s operating as a foreign LLC.

Do the pros and cons of an LLC outweigh the cons?

However, many business owners feel that the benefits of an LLC outweigh the cons. Personal liability protection is the number one advantage of starting an LLC. You can also leverage flexible tax options, different management structures, and more. If your business has any risk for debts or lawsuits, you’ll want to protect yourself with an LLC.

The membership of an LLC and the way it will be run are laid out in a legal document known as an operating agreement. In a sole proprietorship, you are truly the boss and call all the shots. There are no partners or members to deal with. What About Personal Liability Protection?

Can a professional corporation be a sole proprietor in California?

In California, licensed professionals are limited to forming a sole proprietorship, general partnership, or professional corporation (PC). One advantage of an LLC is that each owner—also called a member—has limited liability, which means they are not personally liable for the financial obligations of the LLC.

Do you need a DBA for a sole proprietorship?

LLCs also have to file annual or periodic reports and pay a required filing fee in most states. Unlike an LLC, no formal action is required to form your sole proprietorship if you are operating under your own name. If you want to use a different name, you will need to file for a DBA.

What are the risks of personal liability under a sole proprietorship?

Risks of Personal Liability. Under the sole proprietorship, you and your business are viewed as one and the same. Therefore, you have unlimited personal liability for all of the debts and legal liabilities of your sole proprietorship.