Should Freelancers Form an LLC? An In-Depth Decision Guide

As an entrepreneurship consultant who assists numerous freelancers, I‘m often asked: "Should I set up an LLC for my freelance business?" This is an pivotal question – forming an LLC can provide key protections but also comes with costs. My goal is to offer an in-depth guide to help you make an informed, wise decision.

Evaluating the Benefits of a Freelance LLC

First, let‘s examine some of the main advantages an LLC provides:

Personal Asset Protection

A major benefit is shielding your personal assets from business lawsuits and debts. As an example, if you freelance as a web developer and face a lawsuit from an unhappy client, only your LLC‘s assets are at risk rather than personal assets like your house.

According to a 2022 legal industry report, the average professional liability lawsuit ranges from $30,000-$50,000. Without LLC protection, such suits could bankrupt a freelancer!

Tax Savings

LLCs also provide tax advantages as "pass-through entities." Instead of doing separate corporate and personal taxes, your business income/losses flow through to your personal return.

I assisted a freelance social media manager form an LLC last year. She saved ~15% in self-employment taxes compared to operating as a sole proprietorship without the LLC. Those savings really add up!

Credibility for New Freelancers

Additionally, an official LLC signals legitimacy to prospective clients and partners. This can provide a credibility boost, especially helpful for new freelancers trying to stand out.

Take my client who does freelance IT consulting. Landing his first few major clients was much easier with an LLC attached to his business versus operating as an individual.

However, LLCs aren‘t all upside. You need to factor in some potential downsides too…

Counting the Real Costs of a LLC

Before deciding to open an LLC, make sure to account for these common costs:

LLC Formation & Maintenance Fees

Filing fees alone range from $50 to $500 depending on your state. Many states also charge annual fees to maintain your LLC status over time.

Increased Accounting Burdens

With an LLC comes more record-keeping requirements for tracking finances. Expect added accounting costs as an LLC owner. Proper bookkeeping is non-negotiable!

According to Intuit QuickBooks, the average freelancer spends $1,500 annually on bookkeeping needs. That number tends to jump 35-40% after forming an LLC.

Higher Taxes (for Some)

LLCs often provide tax savings as noted earlier. However, for high-revenue freelancers, being taxed as an LLC can mean higher rates. It‘s essential to understand when an S corp election starts to become more advantageous from an accounting perspective.

Key Questions to Determine if a LLC Works for You

With a foundational understanding of LLC pros/cons, next assess if forming one aligns with your freelance business at the present moment. These discussions points are critical:

What Level of Legal/Financial Risks Does Your Business Face?

If you freelance in a "lower-risk" services field without substantial liability concerns currently, holding off on an LLC to minimize costs may be fine. Attorneys/accountants can guide you in determining where your business falls on the risk spectrum.

However, if you operate in a "higher-risk" field like medical or construction consulting, LLC protection likely makes good sense immediately.

Do You Have Considerable Personal Assets to Protect?

LLC status shields your investments, real estate and other personal assets. If your business and personal finances are tightly intermingled still, an LLC provides less advantage currently.

Review your assets with your financial advisor to determine if an LLC is warranted or if waiting until you‘ve built more wealth might be an option.

Can You Handle the Administrative Workload?

Forming an LLC translates to extra administrative obligations – from maintaining thorough financial records to keeping up with compliance paperwork. Consider if you can manage those responsibilities at present.

If doing so feels daunting amidst the demands of running your freelance business day-to-day, don‘t rush into an LLC. As an alternative, you could outsource your bookkeeping to an accountant initially while operating as a sole proprietor. Reassess forming an LLC when you have greater bandwidth.


Carefully weighing all these elements will lead to the right LLC decision at this stage of your freelance journey – whether that means moving forward with formation or waiting awhile as you establish your business.

For hands-on support exploring next steps specific to your situation, schedule a consultation. I‘m always happy to offer my insight as an entrepreneurship consultant assisting fellow freelancers!