Freelancers, Here’s How To Set Up An LLC

• Freelancers face an important decision in selecting a business structure, with options like LLCs, S-Corps, and C-Corps, each offering different benefits and drawbacks.
• LLCs provide flexibility and personal liability protection, while S-Corps allow pass-through taxation, but have stricter IRS requirements. C-Corps can attract investors, but face double taxation.
• Properly setting up the chosen business structure is essential for financial success and compliance, helping freelancers focus on growing their businesses.

Having the freedom to be your own boss and make your schedule is what most people desire, but it requires serious discipline and organization. As a freelancer, you are in charge of getting yourself paid and paying your own taxes — as you don’t have an employer who manages that for you. 

It’s clear that the business side of the freelance world presents a distinct set of challenges, and one of the most crucial decisions you’ll face is choosing the right corporate structure. 

As a freelancer in the United States, the business entity you choose can have significant legal, financial, and operational implications. Many freelancers opt for creating a Limited Liability Company (LLC) because it provides a balance between flexibility and legal protection, but there are a few other options to consider.

Understanding Business Entities: LLCs, S-Corps, and C-Corps

An LLC is a flexible business structure that combines elements of partnerships and corporations. It provides personal liability protection to owners (called members) while allowing for flexible management and profit distribution.

A C-Corp is a legal entity separate from its owners, offering the advantage of limited liability protection. C-Corps can issue shares and go public, making them attractive for businesses seeking investment. However, they face double taxation — profits are taxed at the corporate level and again as shareholder dividends.

An S-Corp begins as a C-Corp but elects to be taxed under Subchapter S of the U.S. Internal Revenue Code. This allows profits and some losses to be passed directly to shareholders without taxation at the corporate level, thus eliminating the double taxation issue.

Differences Between LLCs and S-Corps/C-Corps

1.Taxation 

LLCs typically enjoy pass-through taxation, meaning profits are taxed at the member level, avoiding double taxation. S-Corps also allow for pass-through taxation but come with stricter IRS requirements, such as limits on shareholders. C-Corps face double taxation unless distributions are treated as salaries or bonuses.

2.Ownership Structure

An LLC can have unlimited members, whereas an S-Corp is limited to 100 shareholders who must be U.S. citizens or residents. C-Corps have no restrictions on the number or nationality of shareholders.

3.Formalities and Compliance

LLCs are generally less burdened by formalities than S-Corps or C-Corps, as they don’t require a board of directors, shareholder meetings, or the same level of record-keeping. C-Corps, in particular, require adherence to more complex regulations and procedures.

4.Flexibility in Management

LLCs offer greater flexibility in management structures and profit distribution arrangements compared to the rigid structures of C-Corps and S-Corps.

Should Your Business Be an LLC or S/C-Corp?

Choosing between an LLC, S-Corp, or C-Corp should be based on several key factors. First, consider your growth goals; if you aim to attract investors or go public, a C-Corp may be the best choice. For small businesses seeking fewer compliance burdens, an LLC might be more suitable. 

Tax considerations should play a significant role in your decision. If you want to avoid double taxation and meet eligibility criteria, an S-Corp can be advantageous, but it requires adherence to specific IRS regulations. 

Lastly, think about your preferred management style and ownership distribution. LLCs offer more flexibility in this regard, while S-Corps may restrict ownership to avoid foreign investment.

How to Set Up an LLC: A Simple Guide

While the other business structures require more specialized advice to get started, setting up an LLC is straightforward. Here are the steps that explain how to do it:

1.Pick a Name

Choose a unique name for your business that includes “LLC” or “Limited Liability Company” as required by your state.

2.Choose a Registered Agent

This person or service will handle legal documents for your LLC. You can be your own agent, or hire someone.

3.File Articles of Organization

Send this important document to your state’s business office, along with the fee. This step officially creates your LLC.

4.Make an Operating Agreement

While not always required, this agreement outlines who owns the LLC and how it will operate.

5.Get an EIN

Apply for an Employer Identification Number (EIN) from the IRS. You’ll need this for taxes and to open a business bank account.

6.Meet Local Requirements

Check if you need any extra permits or licenses to operate in your area.

Making the Right Decision

Choosing the right business structure is a pivotal decision for freelancers. Understanding these differences between options can help you make an informed decision that aligns with your business goals.

Properly setting up your chosen structure is critical, as it will provide a solid foundation for financial success and operational efficiency. 

Taking the time to establish the right framework not only prepares you for future growth but also ensures you’re compliant with legal requirements, allowing you to focus on what you do best — growing your freelance business. 

By investing in the right structure today, you’re setting yourself up for a more secure and prosperous tomorrow.