Anyone else worry about lawsuit because you don't have an LLC or inc?
I have been torn between this and not sure what the right direction is.
I read to wait on LLC until you get enough paying users but for some reason still worry about it.
I was once worried about getting sued as well. Back then (years ago) when I started freelancing as a sole proprietor (full personal liability, at least in DE) this worry drove me nuts.
It led me to reading up about all the things that a) can go wrong (lots) and b) that actually go wrong so often you hear or read about it (not so many).
Turns out that if you follow some basic rules and do some basic risk management you can massively reduce your risk, no matter if you are a sole proprietor or a behind an LLC. LLC's can easily get sued too btw.
Your individual situation will obviously be very dependent on your country of residence and your business's country of residence, but here' what I'd do to get off the worry train:
This was very helpful! I will go ahead and do that. Always a worry but making a list, chances of me getting sued is very slim because I dont collect user data except for emails. Do emphasize privacy but again, no data collected. But it'll be good to go over it again.
Thank you for the reply @jansroka!
Personally, I started with a sole proprietorship and switched to Inc when things started heating up.
If you already have some freelance business or other projects you'd like to protect, LLC and branching out other companies into an Inc can make sense too
No freelance at the moment so I am waiting. Thanks for the input @dqmonn!
It’s worth getting an LLC as you can use it for both your app and your freelance work. I’d recommend incorporating as an S Corp or LLC to protect yourself. It’s a cost I absorbed in order to enter the market.
I agree it’s nice to have one but I’m in California, I heard you need to pay $800 dollars a year to keep it up. Not sure if that’s worth it if you aren’t making any money with your startup. Let me know what your thoughts are on that.
I'm no lawyer or accountant so don't tak emy word for it but here are my 2 cents.
You can start as a sole proprietorship and incorporate later on once you have revenue.
When you start, your risks are limited.
Unless you are building something on which lives depend on (system for hospitals, healthcare, emergency response) or with strong data privacy requirements (healthcare, personal information protection), or handle large amounts of business (unlikely when beginning), it is unlikely you will face a lawsuit.
Biggest differences between sole proprietorship and LLC are most likely accounting requirements and liability in case something goes wrong.
For financial liability you can also get a business insurance.
Thanks for your two cents. I believe you are right when you say there is little risk starting out. Might wait till my startup pays for the llc taxes
Out of curiosity, how do you collect payments from your users?
From my experience, the vast majority of payment getaways will reject applications if you aren't properly incorporated.
Not true. Paypal, Stripe and literally every payment system I’ve used allows sole proprietors. Incorporation is expensive and comes with a significant accounting burden that doesn’t make sense for most people starting out.
Maybe in the USA but in most countries in Asia & Middle East, this is very uncommon. Hence my curiosity 🙂
I am in Asia and been using a PayPal account linked to my personal bank account since my school days (initially just for a small web tool). I also take payments through LINE for a more recent project.
It’s common here. Many, many people run businesses on Taobao, WeChat, LINE, and Google services with their personal names and bank accounts. PayPal is very widespread. Stripe also, but limited to a bit fewer countries.
It's true. PayPal's wallet/getaway solution is always an option. But it's a second rank payment getaway option. It's not credible enough if you start working with larger customers.
Furthermore, PayPal doesn't have a banking license in most countries (if it does at all). So your deposits are most likely not protected at all. And it notorious for freezing accounts on the fly.
For freelancers, you can indeed
always work via other payment channels. The question/answer at hand was more focused on e-commerce/SaaS businesses, where a solid trustworthy payment getaway is key.
Startup idea? :D
Almost all of them require an ein number
The requirements by the payment getaway are country specific. EIN number is a USA requirement.
It's not just the application tough. I have never heard of a payment getaway that makes payouts to a bank account that is anything other than a business bank account.
Americans have SSNs, which are used in the same place as an EIN. It’s tax-related.
Americans with a business (even a sole proprietorship) can apply and get an EIN in a few minutes. That means they no longer have to disclose their SSN. See https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
That’s what I thought too but I believe stripe implemented this sole proprietor option where you can choose to start a business.
Let me know if you have any questions regarding that.
Interesting. Thanks for sharing!