In Mississippi, you can establish a sole proprietorship without filing any legal documents with the Mississippi state government. There are four simple steps you should take:
- Choose a business name.
- File an application for a fictitious name with the Secretary of State (optional).
- Obtain licenses, permits, and zoning clearance.
- Obtain an Employer Identification Number.
To find out how to establish a sole proprietorship in any other state, see Nolo’s 50-State Guide to Establishing a Sole Proprietorship.
1. Choose a Business Name
In Mississippi, a sole proprietor may use his or her own given name or may use an assumed business name or trade name. If you plan to use an assumed business name, there is no requirement that the name be distinguishable from the name of another company currently on record. However, it is a good idea to choose a name that is not too similar to another registered business because of common and federal law trademark protections. To make sure your business name is available, run a search in the following government databases:
- Mississippi Secretary of State
- U.S. Patent & Trademark Office: (Click on the TESS link under Tools.)
2. File a Fictitious Business Name
If you use a business name that is different from your legal name, Mississippi allows you to make a fictitious name filing with the Secretary of State. This is not a mandatory requirement in Mississippi. To file your fictitious name, you fill out the written Fictitious Business Name Registration from the Mississippi Secretary of State. The filing fee is $25. If you fill out the written application, submit it to the Secretary of State at the address shown on the application’s instructions.
3. Obtain Licenses, Permits, and Zoning Clearance
Your business may need to obtain business licenses or professional licenses depending on its business activities. Mississippi provides an incomplete database of some professions that require a license. A business can obtain this information by going to the Professional Licenses Center on the Mississippi state website. In addition, local regulations, including licenses, building permits, and zoning clearances, may apply to your business. You will need to check with your city and county governments for more information.
4. Obtain an Employer Identification Number
Sole proprietors who wish to have employees need to obtain an Employer Identification Number, or EIN. This is a nine-digit number issued by the IRS to keep track of businesses. All businesses with employees are required to report wages to the IRS using their EIN. Registering for an EIN can be done online at the IRS website.
Even though sole proprietors without employees are not required to have an EIN, you may want to obtain one anyway. Some banks require one to open a bank account and it can reduce the risk of identity theft.
In Mississippi, businesses are required to report taxes and file various employee reports. You may need to use your EIN when registering your business to report taxes through the Mississippi Online Business Registration provided by the Mississippi Department of Revenue. If you have employees, you must report and pay employment taxes on a periodic basis. You will be able to report and pay all employment related taxes by registering through the Access Mississippi Online System provided by the Mississippi Department of Employment Security.
It is important to consider doing the following once you have established your sole proprietorship:
- Open a business bank account. Using your fictitious business name and EIN, you should set up a bank account to keep your business and personal finances separate.
- Obtain general liability insurance. Because sole proprietors are personally liable for all debts and obligations of the business, a business liability insurance policy may be the only form of financial protection against unforeseen events.
- Report and pay taxes. Depending on your specific business activities, you may be required to report such items as sales tax and use tax. You will need to register with the Mississippi Department of Revenue Online Business Registration.