How to Establish a Sole Proprietorship in Colorado

If you've started selling your homemade jewelry online or running personal training sessions out of your garage, you've likely formed a sole proprietorship already—and you're not alone. When an individual starts a business (sells goods or services) and that person hasn't filed any legal documents with the state officially registering the business, then the person automatically created a sole proprietorship.

A sole proprietorship is low maintenance. It doesn't typically require you to file any creation documents or submit renewal filings or fees, and you can usually report your income on your personal tax return. But sole proprietors are personally liable for the business's debts and obligations, so you might need to dip into your personal funds to satisfy any debts your business can't pay.

In Colorado, you can establish a sole proprietorship without filing any legal documents with the Colorado state government. Though no action is required to legally create a sole proprietorship, you should follow four simple steps to start your business:

1. Choose a business name.
2. File a Statement of Trade Name with the Secretary of State.
3. Apply for licenses, permits, and zoning clearance.
4. Obtain an employer identification number (EIN).

For more information, read our article on how to start a business in Colorado.

1. Choose a Business Name

As a sole proprietor in Colorado, you can use your own given name or a trade name—also known as an "assumed name" or "DBA" (for "doing business as"). Unlike many other states, if you plan to use a trade name for your business, you're not prohibited from using the same name as another business currently registered with the state.

It's also a good idea to choose a name that's not too similar to another registered business to avoid trademark infringement. Under trademark law, your trade name can't be used by someone else in a way that would cause confusion among consumers. So, if you use a name that's the same as or too similar to someone else's trademark and you both provide similar goods or services, then you could be infringing on their trademark. If you find a competitor company already exists with a similar name, then it's best to choose another name.

For example, suppose you want to operate a small furniture shop under the name Stained Pine Furniture. In the next town over, there's a furniture store called Stains in Pine Furniture that has been in business for years. Because your repair business would have a similar name to a store that already exists, you should choose a different name.

To make sure your business name is available, you should run a search in the following government databases:

• Colorado Secretary of State's business entity search; and
• United States Patent and Trademark Office's Trademark Electronic Search System.

(For more information, read our FAQ on choosing and registering a business name.)

2. File a Trade Name With Colorado

If you use a business name that's different from your legal name, Colorado requires you to register that trade name with the Secretary of State. (Colo. Rev. Stat. § 7-71-101 (2023).)

For instance, suppose Kristy Michaels runs a lawn care service under the name Green Forever Landscaping. Because Kristy's business name, Green Forever Landscaping, isn't the same as her legal name, she'll need to register her business name.

You can register your trade name online. Paper filings aren't available. Go the business organizations section of the Secretary of State website. There you can file a Statement of Trade Name as an individual. As of 2023, the filing fee is $20.

3. Apply for Licenses, Permits, and Zoning Clearance

Depending on your business activities, you could need to apply for business or professional licenses. Colorado's business license search page provides information on a wide variety of state business licenses.

For professional and occupational licensing, check:

• the Department of Regulatory Agencies, and
• the state's professional licenses webpage.

You might also need to comply with local regulations, building permits, and zoning laws. Check with your city and county governments, such as your city hall or county clerk, for more information.

4. Obtain an EIN

Sole proprietors who wish to have employees need to obtain an EIN. This is a nine-digit number issued by the IRS for tax reporting purposes. All businesses with employees are required to report wages to the IRS using an EIN. You can register for an EIN online with the IRS.

Sole proprietors without employees aren't required to have an EIN. Instead, you can use your Social Security number to report taxes. Nevertheless, you might want to obtain an EIN. Some banks require an EIN to open a bank account, and having an EIN can reduce the risk of identity theft.

In Colorado, businesses are required to report taxes and file various employee reports. You might need to use your EIN when reporting business taxes.

Next Steps for Sole Proprietors

You should consider taking the following steps once you've established your sole proprietorship:

• Open a business bank account for your sole proprietorship. Using your trade name and EIN, set up a bank account to keep your business and personal finances separate. You should keep your business income and expenses separate from your personal funds so you can easily distinguish your business's financial profile for tax purposes. For instance, you can more easily report business deductions on your tax return if you've created a separate account.
• Obtain general liability insurance. Because sole proprietors are personally liable for all debts and obligations of the business, a business liability insurance policy can offer financial protection against unforeseen events. You should also consider other types of insurance for your business, including property and auto insurance. For more information, read our article on the types of insurance your small business might need.
• Report and pay taxes. Depending on your specific business activities, you could be required to report such items as sales tax and use tax. You can get more information about sales and use taxes, employer withholding taxes, and other business taxes in the businesses section of the Department of Revenue website. (For more information, see our section on business taxes and deductions.)

To find out how to form a sole proprietorship in any other state, see our state guide to establishing a sole proprietorship.

Consulting a Small Business Attorney

You might not need to submit paperwork to start a sole proprietorship in Colorado. But your specific circumstances could require you to file certain forms and comply with certain rules and regulations. As a business owner, it's important to understand what steps you need to take to legally start and operate your sole proprietorship.

If you have business experience and only need to meet a few requirements to establish your sole proprietorship, you can probably do the work yourself. But if you need specific guidance or run into a complicated issue when starting your business, you should talk to a small business lawyer. A lawyer can help you register your name, file your taxes, and obtain licenses and permits.