How to Start a Sole Proprietorship in Kansas

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 has 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 Kansas, you can establish a sole proprietorship without filing any legal documents with the Kansas 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 DBA with your city or county if required or permitted.
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 Kansas.

1. Choose a Business Name

In Kansas, a sole proprietor can use their own legal name or a trade name—also sometimes known as an "assumed business name" or "doing business as" (DBA)—to conduct business. If you plan to use an assumed name for your business, it shouldn't be the same name as any other company 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 that other person's 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 bicycle repair shop under the name Longer Rider Bikes. But in the next town over, there's a bike store with the name Long Ride Bicycle Sales. Because your shop 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:

• Kansas Secretary of State (SOS) business entity search station (BESS), and
• United States Patent and Trademark Office's Trademark Electronic Search System.

For more information, read our FAQ on how to choose and register a business name.

2. File a DBA With Your City or County If Possible

In Kansas, unlike most other states, if you use a business name that's different from your legal name, you're not required to register that DBA with the state. But you might want to check with your city and county government to ensure that there's no local DBA requirement.

For instance, suppose Laura Gupta runs a food cart under the name Lunchtime Wonders Sandwiches and Soups. Because Laura's business name, Lunchtime Wonders Sandwiches and Soups, isn't the same as her legal name, she might find that her local government expects her to register the business name.

Registering your DBA might have some potential benefits such as:

• putting others on notice that you're using a particular name
• giving weight to your claim of ownership of a name in a trademark dispute, and
• providing a separate name for a business bank account.

3. Apply for Licenses, Permits, and Zoning Clearance

Depending on your business activities, you could need to apply for business or professional licenses. Kansas doesn't require a general business license, but you might need one or more specific business licenses at the state or local level. The Kansas state website has an extensive list of business licenses and permits with links and contact information for the licensing organization. The Kansas State Board of Technical Professions has a website with licensing information for technical professions such as:

• architecture
• engineering
• geology
• landscape architecture, and
• land surveying.

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

Kansas also has business starter kits for a handful of professions. These kits can help you learn the different licenses and permits you might need to start your business. These kits are available for:

• auto repair
• childcare providers
• construction and contracting
• cosmetic services (like cosmetologists, tattoo artists, body piercers, tanning facilities, and barbers)
• health care and social services (including adult care facilities and nursing)
• microbreweries and distilleries
• real estate
• restaurant, and
• trucking and transportation.

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 Kansas, businesses are required to report taxes and file various employee reports. You might need to use your EIN when reporting business taxes. If you have employees, you must report and pay employment taxes on a periodic basis.

Next Steps for Sole Proprietors

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

• Open a business bank account for your sole proprietorship. Using your assumed business 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. Check the business section of the Kansas Department of Revenue website for more information, including details on general sales tax, tax clearance, wage withholding, and other business tax matters. (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 50-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 Kansas. 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. They can help you register your name, file your taxes, and obtain licenses and permits.