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Business structure: sole prop, LLC, or S-Corp

The legal shape of your business changes three things: your liability exposure, your paperwork burden, and — depending on how you're taxed — your bill to the IRS.

Every freelancer already has a business structure, whether they picked one or not. Do nothing, and you're a sole proprietor by default — the simplest setup, but one where your personal assets and business assets are legally the same thing. Form an LLC, and you add a liability wall between the two. Elect S-Corp tax treatment on top of that, and you change how your income is taxed, potentially reducing what you owe in self-employment tax.

None of these are permanent. Most freelancers move through them in order as income grows: sole proprietor while testing the waters, LLC once there's real revenue and risk to protect, S-Corp election once net income is consistently high enough that the payroll paperwork pays for itself.

Two business people shaking hands over paperwork

FAQ

Common structure questions

If you start freelancing without filing any paperwork, you're automatically a sole proprietor. There's no formation cost, but you and the business are legally the same entity, which means no liability separation.
By default, a single-member LLC is taxed exactly like a sole proprietorship — the LLC itself changes liability protection, not your tax bill. Tax savings usually come from electing S-Corp tax treatment, a separate decision layered on top.
State filing fees for an LLC typically range from about $50 to $500 depending on the state, plus many states charge an annual report or franchise fee to keep it active.
Yes. Many freelancers start as sole proprietors, form an LLC once they want liability protection, and elect S-Corp tax treatment later once net income is high enough to justify the added payroll complexity.