Small Business

Sole Proprietorship and Group Health Insurance

BY Carly Plemons Published on May 09, 2024

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Although a sole proprietorship is the simplest way to structure a small business, you may be unsure how being a sole proprietor affects your health insurance options. If your sole proprietorship has employees, you may be able to qualify for group health insurance. Keep reading to learn more about what is considered a sole proprietorship and your options in health insurance for yourself and potential staff.

What is sole proprietorship?

The Small Business Administration defines a sole proprietorship as an unincorporated business owned and run by one individual, with no distinction between the business and the owner. The sole proprietor is entitled to all profits and is personally responsible for all the business’s debts, losses, and liabilities.

  • For tax purposes, the income of the sole proprietorship is the income of the owner, because the owner and his or her business are considered one and the same.
  • You should know that a sole proprietorship, even if operated under a fictitious name or trade name, is not considered a separate legal entity. Instead, it means the sole proprietor owns the business completely.
  • The IRS explains that if you are the sole member of a domestic limited liability company (LLC), you are not a sole proprietor if you elect to treat the LLC as a corporation.

Legal structure and characteristics

A sole proprietorship is one of the simplest legal structures for businesses, characterized by its sole ownership and management by a single individual. In this arrangement, the business owner assumes full responsibility for all aspects of the business, including finances, liabilities, and decision-making. Legally, there is no distinction between the owner and the business entity, meaning that the owner is personally liable for any debts or legal obligations incurred by the business. While easy to set up and maintain, sole proprietorships offer minimal legal protection for the owner’s personal assets and may have limited access to capital compared to other business structures.

Advantages and challenges

Sole proprietorships offer simplicity and autonomy, making them a popular choice for small businesses. Owners have full control over decision-making and operations, and setting up is a breeze. Plus, they get to keep all the profits. However, the downside is that the owner bears unlimited personal liability for business debts and legal obligations, putting personal assets at risk. When it comes to health insurance, sole proprietors face similar pros and cons. On the bright side, they have the flexibility to choose and customize their own health insurance plans. Yet, they often struggle with affordability, as they’re responsible for the full cost of premiums without employer contributions. Additionally, they may have limited access to group plans and benefits compared to larger businesses.

Financial considerations for sole proprietors

Here’s a basic outline of financial considerations for a sole proprietorship:

  1. Startup Costs: Identify initial expenses such as equipment, inventory, marketing, and legal fees required to launch your business.
  2. Revenue Projection: Estimate potential income streams and sales projections based on market research and business planning.
  3. Operating Expenses: Calculate ongoing costs including rent, utilities, insurance, payroll (if applicable), supplies, and any other overhead expenses.
  4. Cash Flow Management: Monitor cash flow to ensure there’s enough liquidity to cover expenses, especially during lean periods or unexpected expenses.
  5. Tax Obligations: Understand tax implications such as self-employment taxes, income tax, and deductions. Consider consulting with a tax professional for advice on tax planning and compliance.
  6. Legal and Regulatory Compliance: Budget for licenses, permits, and other regulatory requirements. Factor in potential legal fees for contracts, agreements, or disputes.
  7. Financial Safety Nets: Establish emergency funds or lines of credit to buffer against unforeseen expenses or fluctuations in revenue.
  8. Investment and Growth: Allocate funds for business growth, whether it’s expanding operations, investing in marketing, or developing new products/services.

By addressing these financial considerations, sole proprietors can better manage their finances and set their businesses up for success.

Qualifications for small business health insurance as a sole proprietor

In addition to being registered as a business based on your state’s regulations, you do need to have at least one employee to qualify for small business health insurance. You must also contribute to paying for employees’ monthly premiums as a business owner.

As per the employer mandate in the Affordable Care Act (ACA):

  • It is optional for businesses with less than 50 full-time or full-time equivalent employees to offer group insurance plans, although they can decide to offer a group plan and may qualify for a tax credit to assist with cost sharing.
  • Businesses with over 50 full-time employees are required to provide group plans to their employees and pay at least 60 percent of premiums in their cost-sharing solution.

Whether or not you have employees as a sole proprietor, you can find both individual and group health insurance plans that fit your needs and budget by visiting eHealth.com.

Sole proprietorships vs. small businesses

Since the sole proprietorship and its owner are considered identical, a sole proprietor can generally be defined as a small business when it comes to qualifying for a small business health insurance plan; however, if you have no employees but yourself, then your sole proprietorship will likely not qualify you for a group plan.

While sole proprietorships and small businesses share similarities, there are key distinctions that affect health insurance eligibility and coverage options. As mentioned, the sole proprietorship and its owner are considered identical entities, blurring the line between personal and business finances. This alignment means that a sole proprietor can typically be categorized as a small business when it comes to qualifying for a small business health insurance plan. However, there’s a caveat: if the sole proprietor has no employees other than themselves, their sole proprietorship may not meet the eligibility criteria for a group health insurance plan. In such cases, the proprietor may need to explore individual health insurance options, which can differ in coverage, cost, and benefits compared to group plans typically available to larger small businesses with multiple employees. Understanding these distinctions is crucial for sole proprietors navigating health insurance choices and ensuring they have adequate coverage for their unique needs.

Considerations for sole proprietorship with employees

Like other small business owners, sole proprietors can have employees. However, a sole proprietor that decides to hire staff must address the following:

  • While a sole proprietor’s social security number can identify the company for tax purposes, adding employees requires the business owner to obtain an employer identification number (EIN).
  • Depending on the state, sole proprietorships with hired employees may be required to carry workers’ compensation insurance.
  • Business owners need to collect documentation from all hired employees, such as a W-4, I-9, and Individual Withholding Certificate.
  • Sole proprietors will need to establish a payroll system to pay hired employees on a regular schedule.
  • Business owners must decide whether they will provide health insurance benefits to employees. This benefit ensures sole proprietors can recruit and maintain the best talent in most cases. There are numerous health insurance options available, so business owners will need to determine which option is best for their business and their staff.

To qualify for a group insurance plan, your sole proprietorship would need to have one common-law, or full-time equivalent employee beyond yourself, your spouse, or any independent contractors. Otherwise, without one qualified employee, the sole proprietor can only get individual health insurance from the health insurance marketplace or a licensed insurance agent.

Wondering what types of employees are considered “qualified” employees? According to the IRS, under common-law rules, anyone who performs services for your business is considered to be your employee (instead of a contract worker) if you control both what must be done and how something must be done.

Based on the business’s degree of control and oversight, the IRS mentions three general considerations to find out if the person providing a service is an employee or an independent contractor.

  • Behavioral: Does the business have the right to control what the person does and how the person performs his or her job?
  • Financial: Are the business aspects of the person’s job (including pay, reimbursements, and tools and supplies provided) controlled by the business?
  • Type of Relationship: Are there written contracts or employee benefits, such as a pension plan, insurance, or vacation pay? Will the working relationship continue, and is the work performed a significant part of the business?

Key considerations and options for sole proprietors

Navigating health insurance options as a sole proprietor can be complex, but understanding key considerations and available choices is crucial for securing adequate coverage. Let’s explore some essential factors and options tailored to the needs of sole proprietors in the realm of health insurance.

Customizing coverage to business needs

Customizing coverage to meet the specific needs of your business is paramount as a sole proprietor, as it ensures that your health insurance aligns precisely with your unique circumstances and requirements. By tailoring your coverage, you can address potential risks and vulnerabilities specific to your industry, operations, and personal health concerns. Whether it’s choosing the right level of coverage for preventive care, mental health services, or prescription medications, customization allows you to optimize your insurance plan to provide comprehensive protection while avoiding unnecessary expenses. Additionally, customizing coverage enables you to adapt to changes in your business or personal life, ensuring that your health insurance remains relevant and effective over time.

Understanding policy terms and conditions

Understanding policy terms and conditions is crucial for sole proprietors as it empowers them to make informed decisions about their health insurance coverage. By delving into the details of their policy, sole proprietors can grasp the extent of coverage, including deductibles, copayments, and out-of-pocket maximums. This knowledge enables them to anticipate and plan for potential healthcare expenses, ensuring financial preparedness and avoiding surprises down the road. Additionally, understanding policy terms allows sole proprietors to maximize the benefits available to them, such as access to preferred healthcare providers, prescription drug coverage, or wellness programs. Ultimately, being well-versed in policy terms and conditions empowers sole proprietors to navigate the complexities of health insurance confidently and effectively manage their healthcare needs.

Legal and regulatory considerations

Legal and regulatory considerations are paramount for sole proprietors navigating the complexities of health insurance. Compliance with both state and federal regulations is essential to ensure adherence to laws governing insurance practices and protections for consumers. Sole proprietors must stay abreast of state-specific requirements regarding insurance coverage, such as mandated benefits and minimum coverage standards. Moreover, understanding federal regulations, including those outlined in the Employee Retirement Income Security Act (ERISA), is crucial for sole proprietors offering employee benefits, ensuring compliance with reporting and disclosure requirements.

Additionally, sole proprietors must remain vigilant about potential changes in legislation impacting their health insurance options and obligations. Political and legislative shifts can affect healthcare policies, tax incentives, and access to insurance marketplaces, necessitating proactive monitoring and adaptation to maintain compliance and optimize coverage options. Therefore, staying informed about legal and regulatory considerations is vital for sole proprietors to navigate the ever-evolving landscape of health insurance regulations effectively.