How to Start a Sole Proprietorship in Virginia
If you’re looking to start a single owner business in Virginia, a sole proprietorship is the most basic option. Starting a sole proprietorship in Virginia doesn’t require any official paperwork to be formed, however there are some other steps you’ll need to complete to ensure your business is legally compliant. In this guide we’ll cover the steps you’ll need to get your Virginia sole proprietorship up and running properly.
Liability Risk of Sole Proprietorships
Virginia businesses that operate as sole proprietors don’t have personal asset protection. For liability protection consider starting an Virginia LLC instead of a sole proprietorship. To learn more read our guide comparing LLCs vs Sole Proprietorships, which outlines the pros and cons of each.
The first thing you’ll want to do when starting a business as a sole proprietor in Virginia is to pick a business name. Your business name should be unique and easy to recall so that potential customers have an easier time remembering your name and that you won’t be confused for another business. It’s recommended that you try to come up with a few different names so that you have multiple options if your preferred name is already in use. If you need more inspiration, be sure to read our guide on how to come up with a business name, where we provide 15 different tips to come up with a great name.
Do a Virginia Business Name Search
Once you have a few names for your business, it’s time to complete name search to ensure your name is unique:
Now that you’ve decided on a great Virginia business name, it’s time to get the name registered. As a sole proprietor you register your business name by filing a DBA or “doing business as” name. In Virginia a DBA is also referred to as a “Assumed or Fictitious Name”. A DBA filing can also allow you to use different business names for different lines.
The process of filing a Virginia DBA is managed and issued at the state level. To file your DBA you’ll need to submit your Assumed or Fictitious Name application along with the 10 filing fee to the Virginia State Corporation Commission.
Get Professional Help to File your DBA
Ensure your Virginia DBA is filed properly with the help of Swyft Filings.
Sole proprietorships are subject to business and professional licensing requirements. Business and professional licenses are issued at the federal, state, and local levels. The types of licenses and permits your business is required to file will vary widely depending upon the nature of your business and how it operates.
Federal Licenses and Permits
Most common types of businesses are not subject to federal licensing, however if manufacture or sell products that are regulated at the federal level you will need the relevant federal license before you begin operating. Below is a list of federal agencies from the U.S. Small Business Administration (SBA) that issue federal permits and licenses :
- U.S. Department of Agriculture
- Federal Aviation Administration
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- U.S. Fish and Wildlife Service
- National Oceanic and Atmospheric Administration Fisheries Service
- Federal Maritime Commission
- Bureau of Safety and Environmental Enforcement
- U.S. Nuclear Regulatory Commission
- Federal Communications Commission
- U.S. Department of Transportation
Virginia State Business Licenses and Permit Resources:
For information on state-level licenses and permits in Virginia visit the Virginia State Government Site website.
Local Licenses and Permits
Local licenses and permits vary widely depending on where your business operates and the nature of the business, however the most common types of local licenses and permits include:
- Operating License
- Building Permits
- Zoning and Land Use Permits
- Health Licenses and Perits
- Signage Licenses
If you work in a regulated profession you may also require a profressional license. These licenses are required to show proof that you have completed the required training or possess the required expertise to work in the field. There are a wide variety of industries where a professional license is required but some of the most common are:
- Financial Advisors
- Hair Stylists & Barbers
- Insurance Agents
- Medical Professionals
- Real Estate Agents
With how complex and time consuming the business license research process can be, we recommend using a service to determine which licenses you’ll need to apply for.
Get Professional Help with your Business Licenses
Let the experts at MyCorporation do the research to determine which licenses you need.
If you have employees, you are required to get an EIN. EINs are a nine-digit ID number issued by the IRS to identify businesses for tax purposes. You can apply for an EIN for free online using the IRS’ EIN Assistant.
If you don’t have employees, you are not required to get an EIN as a sole proprietor. However, it can be useful to get an EIN. They are often required to open a business bank account and can be used in place of your social security number for most business applications.
Important Note about Sole Proprietor EINs:
Since sole proprietorships are not viewed as separate from an individual, sole proprietor EINs are issued under their names, not their DBA names. As a result, you will only be issued 1 EIN as a sole proprietor for your lifetime. This will be used for any and all businesses you will operate as a sole proprietor. If you apply for an EIN as a sole proprietor and receive reference error 101, this likely means that you have already been issued an EIN previously. If you cannot recall your EIN or have not been issued an EIN previously, you will need to call the IRS Business and Specialty Tax Assistance line at 1-800-829-4933 and use the prompts related to reference number 101.
The final step to making your Virginia sole proprietorship a reality is to open a business bank account. It’s important to keep your business and personal transactions separate to prevent the co-mingling of funds. The easiest way to do this is to open a designated business bank account and use it only for business transactions. This will make it easier for you to complete your accounting and bookkeeping tasks.
Check out this helpful guide to learn how to opening a business bank account.
Other Items to Consider
Once you have established your sole proprietorship, you will also want to complete these important tasks:
- Setup Credit Card Processing:
Considering that over 60% of transactions are done via debit and credit cards, it’s essentially a requirement to accept credit card payments. We go over how to do this in our How to Accept Credit Card Payments guide.
- Establish an Accounting System:
You’ll need to determine the accounting method you will use for your business: cash basis accounting vs. accrual accounting. To learn more, check out our guide on small business accounting 101.
- Get Business Insurance Coverage:
As a sole proprietor, you lack personal liability protection, so getting adequate business insurance could be your only financial protection method. Learn more about business insurance here.