Guide to LLC Formation


Why Every Freelancer Should Consider Forming An Llc

Having a sole proprietorship is essentially the first step to creating a business, with minimal taxes and little effort needed for setup. There are other benefits that come with forming a business entity—you’ll be protected from lawsuits, and depending on which one you choose, may be able to pay a corporate rate that just got slashed. It doesn’t matter if you’re coding websites or delivering sandwiches—if you’re getting paid by customers or clients for a product or service, you’re considered a business by the IRS. That means even if you’ve never filed any paperwork or picked a company name, you’re technically the sole proprietor of your own business.

  • Other states charge regular fees for their LLCs, such as an annual report filing fee.
  • Personally responsible for any debts or legal responsibilities the business incurs.
  • With separate accounts, you are better able to manage the revenue and expenses from your freelancing work.
  • Perhaps the main consideration in the decision to form a company is whether you need to be concerned about liability — essentially, how likely you are to get sued.
  • It sounds like a no-brainer, but the fact is, many freelancers make at least one of the following common mistakes when creating their LLC.

As always, we recommend you consult with a CPA and/or business attorney before incorporating as an LLC to discuss your specific situation. They can also help you maximize deductions as well as explain how to navigate yourQuarterly Taxes. Learn more about how a Fiverr freelancer transitioned from making magic at Disney World to making magic online and on the road.

Starting a Business with Someone Else? Welcome to a Partnership

Fiverr Team Whether you’re scaling up your small business or building a brand from scratch, we’ve got the resources you need to keep you informed and at the top of your game. When choosing the best structure for your freelancing business, there are many factors to consider. Freelance writers produce content for many types of platforms and publications, particularly magazines and websites. A freelance writer can work from almost any location with an internet connection.

Ultimately, there are a lot of advantages to enjoy when you turn your freelance business into an LLC. It’s not the right move for every freelancer, but it’s definitely worth considering. Look up the LLC rules and regulations in your state, and weigh the pros and cons as they relate to you, specifically. If someone sues your LLC, your personal assets aren’t on the line. However, if you set up an LLC for your freelance business, you can be exempted from this limit. According to CNN, AB5 allows for a “business-to-business” exemption for freelance contractors that have set up LLCs for their businesses.

Much of this has to do with how you pay taxes off the salary you make in your S-Corp. Just remember you can’t file as an S-Corp if you’re the only one running your small business. In many ways, being an LLC is an easier way to manage your business because you don’t have as many tax reporting requirements. You only have to file a personal return, hence why so many small businesses prefer to be LLCs. Do you consider your freelance business an LLC, or an S Corporation? The difference between the two is relatively wide, but you need to look at these options before becoming an official freelancer.

What Defines a Verbal Contract?

If you’re doing business as a sole proprietorship, on the other hand, you don’t have that corporate shield to protect your personal assets. With no legal protections or separate business finances, your home and car would be on the line if your business is sued, or if its creditors come knocking. However, in rare instances S corporations can provide you with a tax savings.

  • Most banks will require you to set up entirely new bank accounts for your LLC.
  • Although an operating agreement isn’t always required for an LLC, having one creates another layer of protection for your personal assets.
  • It means that the owner’s personal assets are protected if the company is sued or goes into debt.
  • Certain projects with more bureaucratic clients, such as government organizations, require contractors who have established their own business entity.
  • Your new bank accounts should be set up in your LLC’s name and with your new EIN.
  • In addition, corporations won’t protect you against your own personal negligence or criminal activity.
  • If you have any hopes to you know, make money and become a successful entrepreneur, an LLC should be the minimum business structure that you should strive for.

That said, if your payroll tax services fee is $100 per month — making it $1,200 for the year — and your S corporate tax return fee is $800, your extra costs from switching to an S corp will amount to $2,000. That could very well cancel out your savings from self-employment tax. As mentioned above, the biggest benefit of the LLC isn’t tax-based, it’s legal. When you form an LLC, you establish a new separate legal entity. This separation is what provides you with asset and liability protection. Then forming an LLC for your freelance business might be a great start to a promising new career. Aside from liability, tax benefits, and business bank account eligibility, LLCs offer a few benefits that are difficult to quantify.

Links to external websites are not managed by Oxygen or The Bancorp Bank.

With an LLC, all profit goes directly to business owners, who pay self-employment and income tax on their portion of the business’ profits. On the other hand, a limited liability company is separate from your personal assets.

People unfortunately have a few good years but then don’t necessarily repeat. Once they’ve incorporated, they have to file the more intricate forms for corporations and they are costing themselves more when they don’t have the money to have the extra costs. And while your business entity is definitely important, don’t let yourself get bogged down. You could read about the benefits and drawbacks of different business structures forever, but the reality is that as a freelancer, your time is literally your money. It’s easy to rationalize spending hours picking a business entity, changing your company name, designing a logo, tweaking your website, and so on, but none of this stuff is going to make you money.

A good rule of thumb is to set aside 30% of all net income so you can pay your taxes. You should pay quarterly taxes and, during tax season, you’ll likely have to pay a bit more unless you overpaid. The best way to manage all of this is to speak to an accountant to get you set up properly. This means federal, state, and local governments will look to you to pay your income taxes, social security taxes, medicare taxes, local taxes, and more. If you are planning on running your freelance business part-time, you should make sure your employer doesn’t have any restrictions on you doing so. Many times, if your freelance work is within the scope of your employment, your employer might want a say in what you are doing (and they might have a right to have that say!).

Remember, there are affiliated costs when creating an LLC, but ultimately, it helps you protect your personal assets while allowing you to continue saying, “YES” to more writing projects and contract work. Go NDA is an automated legal application designed to support businesses by providing templates and e-execution functionality. Because the law changes often and is different from state to state, the information provided by Go NDA is designed to be applied generally.

Mistakes Freelancers Make When Setting Up an LLC

A C corporation is quite a bit different from a sole proprietorship. With a single member LLC, on the federal level, your tax filings remain the same Schedule C that you’ve always filed on a 1040. In NYS, you have a yearly informational form with a small fee. With a corporation, you have to have a balanced set of books and file separate federal, state, and even city corporation forms.

Why Every Freelancer Should Consider Forming An Llc

You don’t have to formally register as a sole proprietorship — all it means is that you must file a Schedule C with the IRS, which is a form that reports your business income and expenses. Having a DBA allows you to operate your business under a name other than your personal name.

How to Set up an LLC as a Sole Proprietor (And Why It’s a No-Brainer)

Many of us find this out the hard way when itcomes time to incorporateas alimited liability company, or LLC. However, a sole proprietorship involves less paperwork hassle. You won’t have to file for as many licenses, nor do you need to pay as many annual fees.

Creditors can seize those assets in order to pay the debt. Beyond that, the Why Every Freelancer Should Consider Forming An Llc tax implications of forming a company vary based on which route you take.

Why Every Freelancer Should Consider Forming An Llc

This separation makes it easier to deduct expenses and file your business taxes. Whether delivering meals, giving rides, gigging as a contract software engineer, or working on the side, you’re operating a small business when you freelance.

Typically, a court of law won’t enforce an oral agreement in any of these circumstances under the statute. Instead, a written document is required to make the contract enforceable. That being said, there are plenty of situations where enforceable contracts do not need to be written or spoken, they’re simply implied. For instance, when you buy milk from a store, you give something in exchange for something else and enter into an implied contract, in this case – money is exchanged for goods.

Why Every Freelancer Should Consider Forming An Llc

This can help you get business credit products and loans with better interest rates and repayment plans. You may also find new opportunities with suppliers, which can lower your costs and improve your service. Using software likeBonsaiis the perfect opportunity to manage these tasks, making sure you don’t miss an all-important deadline. Even freelancers with no intention of hiring employees should apply for an EIN. You can use your EIN on W9s and other required forms, protecting your Social Security number from clients and vendors. Step 1— First, you need to fill out a form with basic information about you and your business that will be sent to the secretary of state in the state in which you plan to incorporate and pay a fee. While an LLC offers significant protection for business owners, it’s not without at least a few potential drawbacks.

Anna is the founder and CEO of Johansson Consulting where she works with businesses to create marketing and PR campaigns. Academy Get free resources and everything you need to know to start, run, and grow your small business. Business Know-How Browse hundreds of helpful articles on everything business.


One of the primary reasons sole proprietorships are so popular is that they’re simple and require virtually no effort. Generally, there are no special forms you’ll need to file, and tax reporting is very easy. You, the single owner, will decide how you want to be taxed, and that gives you a lot of flexibility. So, whether you want to be taxed like asole proprietorship or a corporation is up to you. Here’s a bit of information on LLCs, including the benefits of organizing your freelance business as an LLC. Please note that, while we’ve made every attempt to ensure the information below is accurate and up-to-date, it doesn’t constitute legal advice, and it shouldn’t be considered a substitute for legal advice.

After weighing the pros and cons of sole proprietorships, LLCs, and corporations, you may have decided that, yes, an LLC is the best way to go for your freelance business. After all, you’ve already figured out that you don’t need to have a formal business entity in place in order to start and run a freelance business. Upkeep fees and taxes.Some states do tax LLCs at the state level, which can make LLCs less advantageous for freelancers who live in those states. Other states charge regular fees for their LLCs, such as an annual report filing fee. Again, this can make it harder to justify creating this formal business entity. Simple establishment.Compared to a corporation and other types of business entities,LLCs are ridiculously easy to start.

It suggests to them that you probably didn’t start doing this yesterday, on a whim. Some successful freelancers don’t feel the need to form an LLC for their business.

Bir cevap yazın

E-posta hesabınız yayımlanmayacak.