1. Legal Structure and Formation
Sole Proprietorship
- It is the simplest form of business, owned and operated by a single individual
- No formal registration is required in most countries to create a sole proprietorship
- The business and the owner are legally the same
- It does not have a separate legal identity
LLC (Limited Liability Company)
- An LLC is a registered legal entity, separate from its owners (called members)
- Requires formal incorporation through the government (e.g., MCA in India or Secretary of State in the U.S.)
- The company is recognized as a distinct legal person
- Operates under its own name and can own property, sue, or be sued
2. Liability Protection
Sole Proprietorship
- The owner has unlimited personal liability
- Personal assets can be used to pay for business debts or legal judgments
- No legal shield exists between business and personal risk
LLC
- Offers limited liability protection to its owners
- Personal assets of members are generally protected from business debts and lawsuits
- Members are only liable up to the amount they invested in the business
3. Taxation
Sole Proprietorship
- Business income is reported on the owner’s personal income tax return
- Profits are taxed at individual income tax rates
- The business is not taxed separately
LLC
- Often treated as a pass-through entity for tax purposes (income passes through to members’ personal returns)
- Can choose to be taxed as a corporation or partnership in some jurisdictions
- Offers flexibility in how it is taxed depending on number of members and local laws
4. Ownership and Management
Sole Proprietorship
- Owned and controlled by one individual only
- The owner makes all decisions and is fully responsible for operations
- Cannot issue shares or bring in co-owners without changing the structure
LLC
- Can be owned by one or multiple members
- Members may manage the business themselves or appoint managers
- Ownership can be transferred or expanded through defined processes in the operating agreement
5. Compliance and Administrative Burden
Sole Proprietorship
- Minimal paperwork and compliance requirements
- No mandatory reporting or audit unless income crosses certain limits
- Easiest and least expensive to start and maintain
LLC
- Subject to higher regulatory compliance, such as filing annual returns, maintaining books of account, and statutory audits (if applicable)
- Requires periodic renewal, tax filings, and disclosures to remain in good standing
- Incorporation costs and ongoing maintenance are higher
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