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8 Comments

Sole proprietorship or LLC?

I always keep testing new ideas to find the best opportunity for me. At some point, I got confused about at which stage should I register a company? and What's is the best legal structure for an online business?

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    The moment you start making significant amount of money ($10k+ per month).

    At that time ask an accountant what is the best legal structure for taxes based on your circumstances and goals (because there isn't a single "best" for everybody).

    Until then DBA (if you want to bill people under a name different than yourself) or nothing at all.

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      Thanks for the advice ;)

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        This is the approach I am taking as well. I used to stress about this but it's silly until you're a bigger player in the market.

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    I suggest you form an LLC. Provides basic liability protection and a place for your expenses so you can write them off come tax time.

    Forming an LLC is straightforward -- usually just a matter of filling out a few lines on a form and paying a nominal filing fee (there are ongoing, annual fees however depending on the state).

    If you're in CA, I wrote a step by step guide to forming an LLC here.

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    With regard to the legal structure, if this is a fairly serious endeavor for which you eventually hope to raise outside capital (VC), I know YC generally recommends Deleware C-Corp. I've had a good experience using Clerky (https://www.clerky.com/). This is not legal advice. Good luck!

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      @branmcf I thought about Deleware LLC. But I have to register it in California too and pay $800 (min. for CA LLC). In this case I have to pay tax for two states.
      Clerky will be helpful at some point. Thanks anyway.

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    Go for Stripe Atlas if you want to get things moving quickly. Especially if it's just you. In the future you can worry about how to do something else (convert to C-Corp, etc) but if you're just testing ideas its best to create a simple liability shield. Atlas comes with the added benefit of a bank account/card and a few other perks AWS credits.

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      I'll check it out. Do you have an invite code for Atlas?