The benefits of a single-member LLC are as follows:

1. The owner is shielded from the liabilities of the business. The primary benefit of conducting business through an entity like an LLC is to protect the owner’s personal assets from the liabilities of the business. If you are operating as a sole proprietor, you are personally responsible for the liabilities of the business. Whereas if you operate through an LLC, the liability for the business stays with the LLC and the most the owner can lose is his investment in the LLC.
2. The LLC's assets are shielded from the owner’s creditors. An LLC can also protect the business assets from the personal liabilities of the owner.
3. Continuity of Ownership. Conducting business through an LLC provides more flexibility and continuity of management and ownership. If a member dies, the LLC can continue on seamlessly. If a sole proprietor dies, the business will come to a standstill until someone is appointed with authority to run the business on behalf of the deceased owner.
4. Added Credibility & Professionalism. Conducting business through an LLC gives a more professional impression. Clients will feel like they are dealing with a more organized, established, and trusted company.
5. Low set up costs. The Texas secretary of state will charge a one-time fee of $300 (+$8.10 if you pay with a credit card) to register an LLC.
6. No annual maintenance costs. There are no annual fees to keep LLC in good standing. The LLC does have to pay a franchise tax if it has substantial revenue (the franchise tax threshold changes. In 2022, the annual revenue threshold is $1.23MM)
7. Perpetual existence. The LLC does not go away if the owner dies. This can be comforting for both clients and vendors.
8. Tax flexibility. The owner of an LLC can choose how the LLC's income is taxed federally. Unless a tax election form is sent to the IRS, a single-member LLC is taxed just like a sole proprietorship (or what the IRS calls a "disregarded entity"). The SMLLC can elect corporate taxation (S-Corp or C-Corp), if desired.
9. Transferability of ownership. The LLC member(s) can transfer their ownership interest in an LLC relatively easily.

The disadvantage to operating a business through an LLC is the costs associated with forming and maintaining the entity.

Although formation/creation costs are relatively low for a single-member LLC, they are greater than the costs associated with a sole proprietorship. See how much it costs to create a single-member LLC.

A sole proprietorship is what you have when one person does business without a state-registered business entity (i.e., LLC, Corp, LP, etc). Sole proprietorships don't require any state filings or state filing fees and are generally thought of as cheap and easy to set up.

A sole proprietorship, however, does not provide limited liability for the business owner like an LLC would and, conversely, does not protect the business assets from the owner's personal liabilities.

In addition to limited liability, an LLC has numerous other advantages that far outweigh the small cost of a Texas SMLLC.

Yes, you can convert your an existing sole proprietorship into a Texas LLC by (1) creating the LLC and (2) transferring any assets of the sole proprietorship to the new LLC.

Read more about converting a sole proprietorship into a Texas LLC.

A single-member LLC costs as much to form as a regular LLC. The state filing fee is the same ($300 + $8.10 if you pay with a credit card).

Read more about the costs to create a Texas LLC.

A single-member LLC is formed by filing a Certificate of Formation with the Texas Secretary of State. The member can then file IRS Form SS-4 (the EIN Application) with the IRS to apply for and obtain an EIN for the LLC when an EIN is required.

When we create a single-member LLC, we handle the aforementioned items and also provide (1) a Company Agreement (the governing document for the LLC) with protective clauses; (2) a Unanimous Consent in Lieu Organization Meeting; (3) the required Membership Transfer Ledger; (4) any requested tax elections; and (5) an 8 page letter on how to use your new LLC.

For federal tax purposes, a single-member LLC is considered a “disregarded entity” by the IRS and does not file a federal tax return. Instead, the owner of the LLC will report the LLC’s profits (or losses) on the owner’s tax return and will generally pay federal income tax on the LLC's net earnings. If the owner is an individual, he or she would report profits or losses on a Schedule within his or her federal tax return, just like a sole proprietor.

A single-member LLC can, however, elect to be taxed as an S-Corp or a C-Corp. Read more about LLC Taxation.

For tax purposes, a multi-member LLC is taxed like a partnership. Unlike a single-member LLC, a multi-member LLC (or what the IRS refers to as a partnership) must file an annual federal tax return (IRS Form 1065) each year and issue K-1s to each member. The K-1 will inform each member/partner what portion of the LLC's profit to report on their federal tax return.

A multi-member LLC can, however, elect to be taxed as an S-Corp or a C-Corp. Read more about LLC Taxation and other tax consequences.

A member of an LLC can be an individual, an entity, or trust.

A sole proprietor can convert to an LLC at any time. The process of converting from a sole proprietorship to an LLC entails (1) forming the LLC and (2) transferring applicable assets (and potentially some contracts/liabilities) to the new LLC.

Read more about converting a sole proprietorship to SMLLC.

Texas law does not mandate that a single-member LLC have an operating agreement (also known as a company agreement), but having one is strongly recommended.

A company agreement is the governing document for the LLC. The company agreement can and should include clauses designed for maximum protection of the member from the LLC's liabilities and vice versa. If an LLC does not have a company agreement, the Business Organization Code will govern the LLC.

In Texas, a charging order is the only legal remedy a personal creditor of a Texas LLC member can use to get at a member/debtor's LLC ownership interest in the LLC. Creditors with a charging order in Texas only obtain the owner-debtor's financial rights and cannot participate in the LLC's management. Since a creditor with a charging order cannot participate in the LLC's management, it cannot order the LLC to make a distribution or that the LLC be sold to pay off the debt. The rationale behind the exclusivity of the charging order remedy is to avoid undue disruption to the operation of the entity's business. The creditor involved has a judgment against a member, not the entity itself, so the entity should not (at least in theory) be adversely affected. This ensures that a person's business is not interrupted to satisfy a debt unrelated to the business, and a person does not lose their livelihood and business assets they have worked hard to build.

Recent Texas cases had arguably eroded this protection for single-member LLCs. See, e.g., Heckert v. Heckert, No. 02-16-00213-CV, 2017 WL 5184840 (Tex. App.—Fort Worth Nov. 9, 2017, no pet. h.).

S.B. 2314 amended Section 101.112 of the Texas Business Organizations Code to ensure that a charging order remains the sole and exclusive remedy against a person who is the sole member of a single-member LLC, just like it protects a member of a multi-member LLC.