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 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 South Carolina, you can establish a sole proprietorship without filing any legal documents with the South Carolina state government. Though no action is required to legally create a sole proprietorship, you should follow four simple steps to start your business:
For more information, read our article on how to start a business in South Carolina.
In South Carolina, 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 a DBA 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 fictitious 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 fresh produce stand under the name Great Palmetto Fruits and Vegetables. In the next town over, there's a produce store called Greatest Palmetto Fruits and Veggies that's been in business for years. Because your produce stand 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:
For more information, read our FAQ on how to choose and register a business name.
If you use a business name that's different from your legal name, you can register your DBA with your county. For instance, suppose Keisha Clarke provides basic bookkeeping services under the name Balancing Act Bookkeeping. Because Keisha's business name, Balancing Act Bookkeeping, isn't the same as her legal name, she could register her business name.
Unlike some other states, in South Carolina, you're not required to register your DBA. But registration might have some potential benefits such as:
You should check with any city and county where you'll do business about their DBA filing requirements. The SOS has contact information for all South Carolina counties on its website. You might need to pay a fee to file for your DBA. You can check your county website or contact your county clerk for more information.
Depending on your business activities, you could need to apply for business or professional licenses. The SOS's website has a section covering business licenses, permits, and registration. In addition, the website for South Carolina's Division of Professional and Occupational Licensing Boards (POL) has licensing information for several dozen professions and 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.
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 South Carolina, businesses are required to report taxes and file various employee reports. You might need to use your EIN when reporting business taxes.
You should consider taking the following additional steps once you've started your sole proprietorship:
To find out how to form a sole proprietorship in any other state, see our 50-state guide to establishing a sole proprietorship.
You might not need to submit paperwork to start a sole proprietorship in South Carolina. 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.