Not legal, tax, or compliance advice. Rules vary by jurisdiction. This lesson is educational orientation — verify specifics with licensed professionals and your local authorities before acting.
What this lesson is (and isn't)
This is orientation — enough context so you know what categories exist, why they matter, and what to ask a professional. This is not advice on which structure to choose. Entity law, liability, and tax treatment vary by state, locality, and individual circumstances. The right answer for you depends on factors only a qualified attorney and accountant can evaluate.
Why structure matters
When you operate as a sole proprietor (which you may be doing by default), your personal assets and business assets are legally the same. That means business debts, lawsuits, or liabilities can reach your personal bank account, home, and savings. Many operators choose to create a formal business entity — like an LLC — to create separation. Whether that's necessary or beneficial for you is a question for a professional.
Common structures (conceptual overview)
- Sole proprietorship: the default if you haven't filed anything. Simple, but no liability separation. You report business income on your personal tax return.
- LLC (Limited Liability Company): creates a legal separation between you and the business. Filing requirements and costs vary by state. Does not automatically change your tax situation — but it can.
- S-Corp election: a tax election (not a separate entity type) that some LLCs or corporations make. Has specific requirements and benefits that depend on your income level and situation. A CPA can tell you if and when this makes sense.
There are other structures (partnerships, C-corps), but they're less common for solo operators.
Money hygiene (regardless of structure)
Even before you formalize anything, these habits help:
- Separate bank account for business income and expenses. Not legally required for a sole proprietor, but it makes bookkeeping dramatically easier and looks professional.
- Don't co-mingle funds. Pay yourself from the business account; don't use it for personal groceries.
- Save receipts. Every business expense, digitally or physically. You'll need them for taxes and you'll want them if you ever get audited.
- Set aside money for taxes. Self-employment tax is real and due quarterly. If you don't know what percentage to save, ask an accountant — but a common starting point is 25–30% of net income.
Questions to bring to a professional
- "Given my income level and risk profile, does an LLC make sense for me right now?"
- "What are the filing requirements and costs in my state?"
- "Should I make an S-Corp election, and at what income threshold?"
- "What insurance should I carry for in-home food service?"
- "How should I handle quarterly estimated tax payments?"
Before you continue
If you haven't already: open a separate bank account for business use. That's free, immediate, and valuable regardless of entity status. If you have entity questions, write them down — the next lesson covers how to find and work with an accountant.