How to Establish a Sole Proprietorship in New York

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 New York, you can establish a sole proprietorship without filing any legal documents with the New York 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 an assumed name with your county clerk's office.
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 New York.

1. Choose a Business Name

As a sole proprietor in New York, you can use your own legal name or an assumed name—also known as a "fictitious name" or "DBA" (for "doing business as"). If you plan to use an assumed name for your business, you should avoid using the same name as any other 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 food truck selling sandwiches under the name "The Happy Loaf Sandwiches." In the next town over, there's a restaurant called "Happiest Loaf Sandwich Shop" that's been in business for years. Because your food truck would have a similar name to a restaurant 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:

• any county where you plan to do business if the county website has an option to search previously-registered business names (New York City has an online business name search site, but many counties don't so you'll likely have to go in person to the county clerk's office)
• New York Department of State (DOS) 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 an Assumed Name With Your County

If you use a business name that's different from your legal name, New York requires you to register your business name with the county clerk of each county where you do business. (N.Y. Gen. Bus. Law § 130 (2023).)

For instance, suppose Tavonya Shankersby provides basic bookkeeping services under the name "Straight-Up Bookkeeping." Because Tavonya's business name, Straight-Up Bookkeeping, isn't the same as her legal name, she'll need to register her business name.

Check with your county clerk's office for the proper form and current filing fee. In at least some cases, such as in Manhattan, you'll need to obtain the form—sometimes known as a "business certificate" or "Form X-201"—from a private vendor, like a legal stationery store. Registration fees vary by county. For example, as of 2023, the registration fee in Manhattan (New York County) is $100 but the fee in Erie County is $35.

3. Apply for Licenses, Permits, and Zoning Clearance

Depending on your business activities, you could need to apply for business or professional licenses. Consider checking:

• the state government's business licenses website, which has information and links regarding well over a thousand different types of license and permits
• the section of the State Comptroller website that covers starting a business and getting licenses
• the section of the Education Department website covering dozens of licensed professions; and
• the section of the Department of Labor website covering licensed occupations.

You might also need to comply with local regulations, building permits, and zoning laws. Check with your city and county governments for more information. New York City's website has a business section. The section includes links to county offices for each of the five boroughs.

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 New York, 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 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. You can get more information about sales and use taxes, employer withholding taxes, and other business taxes from the businesses section of the Department of Taxation and Finance 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 New York. 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.