How to Start a Sole Proprietorship in Mississippi

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 they haven't filed any legal documents with their state officially registering the business, then they've 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 Mississippi, like every other state, you can establish a sole proprietorship without filing any legal documents with the Mississippi 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 fictitious business name registration 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 Mississippi.

1. Choose a Business Name

In Mississippi, a sole proprietor can use their own legal name or a trade name—also sometimes known as a "fictitious business name" (FBN) or "doing business as" (DBA)—to conduct business. If you plan to use an FBN or trade name for your business, it can'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 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 open a food cart under the name Gulfside Shrimpy Snacks. In your town, another food stand already operates under the business name Gulfside Shrimp. Because your name is so similar to an existing stand, you'll probably need to choose a different name.

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

• Mississippi Secretary of State's business search, 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 an FBN Registration With Mississippi

If you use a business name that's different from your legal name, you can register your FBN with Mississippi. (Miss. Code § 75-93-1 and following (2023).) For example, suppose Blanche DuBois has a car dealership called A Car to Desire. Because Blanche's business name isn't the same as her legal name, she could register her FBN, A Car to Desire, with Mississippi.

Unlike some other states, in Mississippi, you're not required to register your FBN. But registration 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.

You can file for your FBN registration online. As of 2023, the filing fee is $25. You'll need to renew your registration every five years.

Mississippi provides a helpful FAQ guide for anyone considering filing for an FBN.

3. Apply for Licenses, Permits, and Zoning Clearance

Depending on your business activities, you could need to apply for business or professional licenses. You can find links to various applications and resources for licenses, permits, and certifications on Mississippi's website. You can find information on:

• retail food sanitation licenses
• event permit applications
• sports licenses (such as professional boxers, trainers, and referees)
• interior designer certification applications
• landscape architecture professional licensing
• the cosmetology practitioner licensing system, and
• other licensing, certification, and permit resources.

You might also need to comply with local regulations, building permits, and zoning laws. Check with your city and county governments 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 their 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 Mississippi, businesses are required to report taxes and file various employee reports. You might need to use your EIN when registering your business to report taxes through Mississippi Taxpayer Access Point (TAP) on the Department of Revenue (DOR) website.

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 FBN 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 find more details on the sales and use tax section of the DOR's website. If you have employees, you must report and pay employment taxes on a periodic basis. You can report and pay sales and use taxes as well as employment taxes by registering on TAP. (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 Mississippi. But your specific circumstances could require you to file forms at the state and local level and comply with various 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 business name, file your taxes, and obtain licenses and permits.