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LLC and Sole Proprietorship

LLC vs. Sole Proprietorship – Choosing the Structure for Your Handyman Business

Choosing a structure for your handyman business is an important step while setting up your business. Your decision will effect the amount of taxes you pay, your personal liability, your ability to borrow money, and the amount of paperwork and record keeping required. By making the right choice, you can save money on taxes and accounting, and even protect your personal assets in the event your business was to get sued or fell heavily into debt.

There are several different structures to choose from:

  • Sole Proprietorships
  • Partnerships
  • Corporations
  • S Corporations
  • Limited Liability Companies (LLCs)

Only two of these structures will make sense for most new handymen businesses; sole proprietorships and LLCs.  I’ll describe the advantages and disadvantages of each in this post. But it will ultimately be up to you to choose the right structure for your unique situation.

Also, please note that I am not an attorney or accountant and this should not be taken as legal advice.  The information provided is simply a product of my personal experiences and opinion and should not be considered all inclusive by any means.

Just had to get that out there.

Let’s continue and start with the first common option.

Sole Proprietorship

This is the most common business structure according to irs.gov.  It’s easy to set up and provides you with complete control over your business.  Many handyman, consultants, and other small businesses choose this structure for it’s simplicity.

Owners of a sole proprietorship are responsible for taxes on the net business income which is taxed at individual rates on their personal tax returns.  This is referred to as pass through taxation because all of the business income simply passes onto the owners tax return and is added to other income the owner may have.  Owners are also responsible for self employment taxes for social security and medicare.

In a sole proprietorship the owner is generally liable for all debts and financial obligations of the business.  This essentially means that your business is looked at as an extension of your person by the IRS and the law.  If the business is in debt, the owner is in debt.  If the business gets sued, the owner is essentially getting sued.  Unlike a corporation, a sole proprietorship is NOT a separate entity.


  • It’s easy to setup.  Often times it can be as easy as simply setting up a bank account.  You don’t even need to register for an EIN (employer identification number) unless you have employees.  However, you must obtain the required licensing for your city, state, or federal government in order to legally operate.
  • There is no state registration required unless you plan on using a fictitious name (any name other than your own) to operate under.
  • If you work from home and use your own name for the business, you may have no startup costs at all.
  • Much less paperwork and record keeping when compared to a corporation.
  • Tax preparation is very straightforward and less costly when outsourced.


  • Since a sole proprietorship is not a separate entity, the owner is responsible for all debts and financial obligations incurred by the business.  The structure provides no legal protection for the owner’s assets. (That’s a pretty big disadvantage)

Limited Liability Company (LLC)

LLC’s are gaining popularity as they provide business owners with some benefits of both a corporation and a sole proprietorship without a ton of paperwork and records to deal with.

Similar to a corporation, an LLC provides a financial and legal barrier for the personal assets of its members.  A business owner who files under an LLC has basic liability protection from having his or her personal assets seized for debts or obligations of the business.  In addition to providing protection to personal assets, an LLC also works the other way around.  It prevents the assets of the business from being seized from personal creditors trying to settle a personal debt.  A creditor can only go after the portion of the profits that the partner who was indebted has allocated to him or her.  Put simply, an LLC protects you from your business’s and partner’s debts and financial obligations.

The tax structure of an LLC is very similar to a sole proprietorship or a partnership.  The earnings pass through to the individual members (owners).  The members are then responsible for income tax and self-employment taxes.


  • Member’s personal assets are protected from business debts and financial obligations.
  • Not subject to corporate tax or double taxation.  Tax functions similar to a sole proprietorship.
  • Limited paperwork and record keeping when compared to a corporation.
  • Fairly simple to set up.


  • More expensive to maintain than a sole proprietorship or partnership (usually a few hundred dollars per year).
  • Slightly more work to setup than a sole proprietorship.

NOTE: Avoid Forming a Single Member LLC

From what I understand, this is something you want to avoid because in order to gain the legal and financial protection that an LLC offers, there must be multiple members.  I recommend reading this article on single member LLCs for further clarification.

The easiest way to gain the benefits an LLC has to offer is to give a 2% share to one of your close family members (sorry, your spouse doesn’t count).  You then setup the LLC to be member managed and chose yourself as the sole manager.  This prevents your family member from having any say in day to day operations while providing you with the extra security of an LLC.

However, in certain states you can form a single member LLC and still get the financial protection that typically comes with a multiple member LLC. Again, the article mentioned above is a good reference.

Which Structure is Right for You?

There isn’t one business structure that fits all handyman businesses so there are several things you should consider while making your choice.  I strongly recommend that you speak to both an accountant and an attorney before making your decision.  Every state has slightly different laws pertaining to business structures.

I structured my handyman business as and LLC.  This was the best choice for me because I wanted to extra liability protection while still having the tax benefits of a sole proprietorship.  It wasn’t very difficult to setup either.  I simply went to the secretary of state’s website and filled out some online forms.  $400 dollars later and I was the proud owner of an LLC.

Another cool benefit of an LLC is that people see the LLC on the end of your name and it makes you sound more official.  Most people don’t really understand the full meaning or how easy one is to create so they automatically think your business is big time.  Little do they know that pretty much any US resident can file for an LLC and have one in five minutes.

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  • Philip Giffin October 7, 2015

    Hey Dan,

    First I would like to thank you for all of the info you provide on your site. It has helped me tremendously with starting my venture. What did you use for your operating agreement for LLC? There is a wide variety, from just a couple of pages to 15. Thanks!

    • Dan Perry October 7, 2015

      Honestly, I think I just wrote one up myself. My business is just me so it was pretty easy and straightforward.

      • Philip Giffin October 7, 2015

        Ok. You THINK you just wrote one up? All of the detail in your website in engineer fashion and you’re not sure of your operating agreement? It defines your LLC whether it’s you or 20 members. That sounds kind of odd. No worries. I greatly appreciate all of your info and insight. Keep up the good work. Thanks again!

        • Dan Perry October 7, 2015

          Dang Philip, now you’re making me feel like a hack. I just looked and I must have grabbed a template from online and just modified it because it’s in lawyer speak but modified for my specific business. It was 4 years ago…

  • Braxton February 27, 2016

    Hi Dan, thanks for all the helpful info!
    I do have a question tho:
    Right now I am working full time for an electrical company and my wife and I are planning to buy our first home within the year. With a solid 40+ hr job and good credit I can get financed, no prob. My question is, should i begin my handyman business soon, what routes would be considerable to still be able to get financed while having personal business during its start up phase? In other words, are there ways to set up the business so that I don’t appear to my loan officer as a huge risk? I clearly understand you are not a legal consultant, I’m just trying to wrap my heard around some essentials and get some direction. Thanks!

    • Dan Perry February 28, 2016

      Hey Braxton,

      Honestly, I don’t know much about home loans and what they consider so I can’t help me here.

  • justin October 4, 2016

    Great post! It’s nice and straight forward, a lot of other blogs are kind of cryptic with the difference between these.

  • Neysa October 18, 2016

    Hi, Dan
    Thank you for the inf.
    my husband and I, are trying to register our handyman business .
    we already have the name for our business , but I do the office work and he does the actual work. i believe the LLC is for our business?

  • Tony December 27, 2016

    I’d like to echo the other by thanking you for your straight forward and easy to understand explanation of how to open my husbands handyman business.

  • tino December 27, 2016

    Hi Dan, Thank you for all the info. Im live in Virginia and I tried to get my license as handyman, all the jobs that I try to get ask for license and insurance, my question is if I got the LLC, I can have a helper and paid him with no legal problems or I need a corporation or diferent license? Thank you for your time.

    • Dan Perry December 28, 2016

      Hi Tino,

      You’ll need to check with your local contractor’s board website to learn the laws on offering handyman services in your state. It’s different in each state.

      Also, check out the website HandymanLicenses.com. I should be posting something on your state soon.


  • Kevin lare September 22, 2017

    Hi I am trying to setup my handyman business in Massachusetts.
    It is just me but I’d like to do the LLC. If I give 2% to a family member , do I have to pay them? Will they. Be initialed to any money that I make?
    How does that work?

    Thank you

    • Dan Perry September 22, 2017

      I’m not sure exactly how that works. I think it depends on how you’ve setup the business. You could probably set up a contract that says they only get paid in the event you sale the business, not a portion of the ongoing profits. I would get with an attorney on that one.

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