Sole Proprietorship vs. Independent Contractor: 4 Differences

Self-employment is a popular way of doing business for those who prefer greater freedom and flexibility than full-time or part-time employment. As a self-employed person, you can work on your terms, set your hours, and work without fear of micromanagement. As a trade-off with this type of work, self-employed individuals are responsible for filing their own taxes, purchasing liability protection, and keeping tabs on their income.

Two of the most common self-employment classifications are independent contractors (ICs) and sole proprietors (SPs). Both ICs and SPs do business without setting up formal business entities, like limited liability companies or corporations.

What is an independent contractor?

An independent contractor (IC), often referred to as a freelancer, is an individual hired to perform specific jobs for another business entity. 

What is a sole proprietor? 

A sole proprietor (SP), also referred to as a sole trader, is a single individual who owns and operates their own business, also known as a sole proprietorship.

Let’s explore the key differences between the two classifications below.

Business structure

So in terms of business structure, ICs work for companies as individuals, while SPs work for companies through their individually owned businesses, called unincorporated businesses.
 
A sole proprietorship business structure is especially popular with small business owners who do not intend to grow. This type of business is simple to maintain and doesn’t require you to obtain a business license or register a business name as a legal entity with the state or federal government, as no financial or legal filings are required.
 
Notably, an SP can also work as an IC on the side, which we explain in the following section.

Earning money

ICs are often service providers that perform contractual work for clients for a set fee. SPs may also perform contractual work for clients for a set fee, but they may have other revenue streams, like selling their own products or services directly to customers.
 
Let’s look at three scenarios below to see how different ways of making an income dictate whether you’re an IC, SP, or both:
 
Scenario one: let’s say you’re a copywriter, contractually obliged to write three blogs per week for a company. You’re not classified as an employee because you have control over how you do the work, and the money you receive is not a salary or wage. It’s “workers’ compensation” sent through invoices. In this scenario, you are an independent contractor.
 
As an IC, a company pays you for your services, but it’s not responsible for paying your taxes on your behalf. You are responsible for reporting your income and paying your taxes at the end of the tax year.
 
Scenario two: now, imagine a different scenario where you write and publish your own book. You’re not classified as an employee because you don’t work for another company. You’re also not considered an independent contractor because you’re not receiving compensation from a client. In this scenario, you are a sole proprietor.
 
As an SP, you generate your income directly from customers and are responsible for reporting and paying your taxes at the end of the tax year, just like an IC.
 
Scenario three: finally, let’s imagine a scenario where you do both. You provide your writing services to another company, and on the side, you write and publish your own book. In this scenario, you are both an IC and an SP.
 
Falling into both categories means generating income from your writing services as an IC and your book sales as an SP. Like the two scenarios above, you are responsible for reporting your income and paying your taxes at the end of the tax year.

Tracking income for tax purposes

Both ICs and SPs must file estimated tax payments throughout the year.

As a general rule, ICs and SPs should keep track of their income and business expenses regardless of their work classification to ensure accurate financial information. This will come in handy when filing your personal and business tax return at the end of the year.

In addition, ICs and SPs are responsible for tracking any income they make from other revenue streams. The easiest way to do this is to have different bank accounts to separate personal and business finances.

Every country has unique tax forms that ICs and SPs must complete and file with their local tax authority. 

In the US, an IC will receive Form 1099-NEC from the client, documenting their total income earned during the tax year if it exceeds $600. In contrast, an SP must track their own business income to calculate and file tax payments.
 
If you are both an IC and SP in the US, you will receive a 1099-NEC from the client documenting the total income earned during the tax year if it exceeds $600. (The 1099-NEC replaced the 1099-MISC form in 2020 for independent contractor income reporting.)

Here’s how the reporting process works in the US: 

• ICs based in the US will need to report their personal income and expenses to the IRS on their personal income tax returns using tax form Schedule C (Form 1040) and pay self-employment taxes
• SPs based in the US will need to report their business income and expenses to the IRS on their personal income tax returns using tax form Schedule C (Form 1040) and pay self-employment taxes
• If you are an IC and an SP in the US, you should file both your business taxes and your personal tax return to the IRS using tax form Schedule C (Form 1040) and pay self-employment taxes
   

Self-employment taxes in the US include FICA (Medicare taxes and Social Security taxes), which an employer would usually withhold from your paycheck as “payroll taxes” if you were their employee. Since ICs and SPs are non-employees, they must set aside money to pay these taxes themselves. But don’t forget to knock off tax deductions to lower your taxable income.
 
Read our guide on independent contractor taxes for more information.

Financial risk

The final difference between ICs and SPs is the level of risk involved and how this impacts personal finances and business assets.
 
Both ICs and SPs can be held responsible for their work. This includes mishaps while providing a product or service for a client or customer. However, SPs’ stakes are much higher since their business is directly linked to their funds and personal assets. This means SPs are liable for any business debts and legal obligations the business incurs.  
 
ICs and SPs can benefit from purchasing personal liability insurance to safeguard their personal funds and assets. ICs should also sign thorough independent contractor agreements to minimize unexpected penalties should a conflict arise.

Get your work classification right the first time with Deel

Are you self-employed and trying to figure out your worker classification? Or perhaps you own a business looking to hire independent contractors and classify them correctly. In either case, Deel is here to help.
 
Deel has heaps of helpful resources about independent contracting, employer and self-employment taxes, and more on our blog. Alternatively, book a demo, and we’ll show you how we can make global hiring, payroll, and compliance easier for your team.