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Date: 05/01/2026

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Starting a small business Guide

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Business entity

There are several ways to open and run a business in Illinois. This is called your business "entity." 

Sole proprietorship

If you are the only owner of the business, you are a sole proprietor. There is usually no government filing or approval required to operate your business as a sole proprietor, if the business name is the same as the owner's full legal name. Certain businesses might require permits or other approvals. For example, home child care and food services. If the business name is not the owner's full legal name, then the Illinois Assumed Name Act requires the sole proprietor to register with the local county clerk's office for registration under the Assumed Name Act.

In all cases, the sole proprietor must report the profits and losses from the business on your tax return on IRS Form 1040 on a separate sheet called Schedule C. Also, if the business earns a profit, you must pay your federal and state income taxes.

Partnership

If you have a business partner, the business is a partnership. That means that you and your partner share responsibility for running the business and share the profits and losses. Exactly how you want to do this should be spelled out in a partnership agreement.

Learn more about creating a business partnership. 

Limited Liability Company/Limited Partnership/Corporation

Many business owners decide to operate as a limited liability company (LLC), a limited partnership (LP), or to incorporate their businesses. It is not required, but it may be a good idea because operating as an LLC, an LP, or a corporation helps protect you personally from debts and liabilities connected with the business. 

You can create a corporation or LLC even if there is only one owner. If it is a corporation, the owner is called a shareholder. If it is an LLC, the owner is called the LLC member. 

You can create an LP with at least two people who are partners in the LP. The person responsible for managing the affairs of the LP is the general partner. Additional partners in an LP are limited partners.   

Getting help

There are resources and grants available for people looking to start small businesses in Illinois. Use the links below to learn more and get the help you need:

  • Business information center
  • Cook County Small Business Source
  • Lawyers for the Creative Arts: A pro bono Legal work done for little or no cost legal service organization that helps artists and arts organizations with their legal issues.)
  • Step-by-step guide
  • Starting your business in Illinois handbook
  • Small business assistance
Last full review by a subject matter expert
April 10, 2024
Last revised by staff
April 10, 2024

About our legal information

Take action

Starting a corporationHow-To
Steps to incorporate your business from filing Articles of Incorporation to becoming an S corporation.
Starting a limited liability company (LLC)How-To
Steps to becoming an LLC, from filing Articles of Incorporation to laws that you must follow.

Learn more

Choosing a name for your new business Text article
Explains how to make sure someone else is not already using the name you want to use for your new business.
How do I get a license for my business? Text article
Learn about the licenses and permits your business may need to operate.
Getting an ID number for your new business Text article
File for an ID number from the state and federal government for a business.
Opening a separate bank account for your new business Text article
Details maintaining a separate bank account for your own small business.
Federal Employer Identification Number or FEIN Text article
Explain a Federal Employer Identification Number (FEIN) and how to get one.
Paying employees under the Fair Labor Standards Act (FLSA) Text article
Learn about the requirements for employers paying employees under the Fair Labor Standards Act (FLSA).

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Starting a corporationHow-To
Steps to incorporate your business from filing Articles of Incorporation to becoming an S corporation.
Starting a limited liability company (LLC)How-To
Steps to becoming an LLC, from filing Articles of Incorporation to laws that you must follow.

Learn more

Choosing a name for your new business Text article
Explains how to make sure someone else is not already using the name you want to use for your new business.
How do I get a license for my business? Text article
Learn about the licenses and permits your business may need to operate.
Getting an ID number for your new business Text article
File for an ID number from the state and federal government for a business.
Opening a separate bank account for your new business Text article
Details maintaining a separate bank account for your own small business.
Federal Employer Identification Number or FEIN Text article
Explain a Federal Employer Identification Number (FEIN) and how to get one.
Paying employees under the Fair Labor Standards Act (FLSA) Text article
Learn about the requirements for employers paying employees under the Fair Labor Standards Act (FLSA).
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.