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Is forming an LLC legal if it hasn't generated any revenue yet?

I need to set up a bank account so I can create a business PayPal account to accept subscription payments for my service. My business model is similar to Netflix, offering monthly subscriptions for access to content. I know there are ways to have a business bank account without formally creating an LLC, but for personal reasons, I really need to establish the LLC before launching my service to the public. The thing is, I'm completely lost when it comes to business accounting and tax obligations. I don't have much money saved up, not even enough for a basic consultation with an accountant. My current plan is to form the LLC, launch my service, and then once I've earned around $1,000 (which I'm hoping is sufficient for an accounting consultation), I'll hire a professional to handle everything from that point forward. My main concern is that I have no guarantee I'll make even a single dollar in the first few months after launch. I'm optimistic, but realistic. I want to make sure I'm following all legal requirements for business formation and tax compliance. Would it be considered illegal to form an LLC without immediately hiring an accountant because the business hasn't generated any income yet? I imagine that would only become a problem if I were to make substantial money (like $10,000) and then wait until the following year to consult an accountant. I fully intend to hire an accountant once the business generates enough income to afford one. Can anyone give me a ballpark figure on what I might expect to pay for accounting services for a small subscription-based LLC? I want to launch with everything legally established, but I'd prefer to wait until there's actual revenue before investing in accounting services. Any advice from those with experience would be greatly appreciated.

Andre Dupont

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One important thing nobody's mentioned yet - make sure you check your state's requirements for ongoing LLC compliance! In my state (California), you have to pay an $800 annual franchise tax just to maintain your LLC, regardless of whether you make any money. I learned this the hard way and got hit with penalties because I thought "no income = no taxes." Keep in mind there might be: - Annual state fees/franchise taxes - Annual reports/statements of information - Business license renewals - Registered agent fees These costs exist even when you're pre-revenue, so factor them into your startup budget. Each state is different, so check your specific location.

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Zara Khan

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Thanks for bringing this up - I hadn't even considered state-specific fees. Do you know if there's an easy way to find out what my state requires without having to navigate through confusing government websites? I'm in Texas if that helps.

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Andre Dupont

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Texas is actually one of the better states for LLCs! They don't have the annual franchise tax minimum that California has (the $800 I mentioned). Texas does require you to file a "Public Information Report" annually, but there's typically no fee if your revenue is below certain thresholds. The Texas Secretary of State website is relatively straightforward compared to most states, or you can just Google "Texas LLC annual requirements" for a summary. The main thing you'll need to budget for is the initial filing fee when forming the LLC (around $300 in Texas). Much better than California where you'd be paying $800 every year regardless of profit!

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Zoe Papadakis

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Don't overthink this! I formed my LLC 2 years before I made a single dollar. Just keep your business and personal finances separate from day one (separate bank account is a must), track all expenses meticulously, and save receipts for everything. For accounting software, check out Wave - it's completely free for basic accounting and receipt tracking. You can connect your business bank account and it'll pull in all transactions automatically. When you start making money, I'd recommend getting professional help around the $5k revenue mark. Before that, most accountants will charge you more than they're saving you.

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ThunderBolt7

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Is Wave really completely free? What's the catch? I've been looking at QuickBooks but the monthly subscription feels steep when I'm not making money yet.

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Omar Farouk

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One thing to consider - if your friend is giving you $15k specifically for the business and not just giving you money personally that you choose to put in your business, the IRS might view this differently. The intent and documentation matters a lot here. If the money is clearly meant for business purposes from the start, you might want to consider formalizing it as either: 1) A documented interest-free loan, or 2) An actual investment where they get a tiny percentage of ownership Either approach might actually be cleaner from a tax perspective than trying to classify it as a gift if it's really intended for business purposes.

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Thanks for bringing this up - I'm a bit confused now. Would it create problems if he specifically wants the money to go toward my business but doesn't want anything in return? He genuinely just wants to help me get started, not become a business partner or lender. What documentation would make the most sense in this case?

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Omar Farouk

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If he truly wants nothing in return and is giving the money to you personally (not to your business entity), then a gift is still appropriate. Have him write the check to you personally, not to your business name. Create a simple gift letter that clearly states it's a gift with no expectation of repayment, ownership, or any other benefit. After receiving the gift personally, you then make the decision to invest that money into your business as a capital contribution. This two-step approach makes it clearer that the money was first a personal gift to you, which you then chose to put into your business. Maintain separate documentation for each step - the gift from friend to you, and your capital contribution to your business. This separation helps establish that it was truly a personal gift that you independently decided to use for business purposes.

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CosmicCadet

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Has anyone else dealt with a situation where a friend gave money as a "gift" but later started acting like they owned part of the business? I didn't have good documentation and now it's super awkward. Make sure you get everything in writing no matter what!!!!

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Chloe Harris

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This happened to my brother! His college roommate "gifted" him $10k to start his landscaping business but then started showing up at client meetings and telling people he was a "partner." Total nightmare that ended their friendship. Definitely get crystal clear documentation.

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Tax pro here - I see this question a lot. The easiest way to think about it is: 1. How much state tax did you ACTUALLY pay last year? ($9,000 in your case) 2. How much did you get to deduct? ($6,500 in your case) 3. The difference ($2,500) is the amount you got NO tax benefit from 4. If your refund ($1,400) is less than this difference, it's NOT taxable You might need to use the worksheet in Publication 525 if you had other itemized deductions or if the standard deduction comes into play, but for most SALT cap situations, this simplified approach works.

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Carter Holmes

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Thanks for this simple breakdown! So just to confirm - in my case with $10,400 paid, $6,500 deducted, and $1,400 refunded - the refund is completely non-taxable? And would I still get a 1099-G from my state for the refund even though I don't need to report it?

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Yes, your $1,400 refund would be completely non-taxable since it's less than the $3,900 difference between what you paid and what you were able to deduct. And yes, you'll still receive a 1099-G from your state because they don't know your specific federal tax situation. You'll need to report it on your federal return, but the tax software or worksheet will help you calculate that the taxable amount is $0. Don't skip reporting it just because the taxable amount is zero - that can trigger a mismatch notice from the IRS.

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Ella Lewis

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Does anyone know if there's a specific form I need to fill out for this? I'm doing my taxes by hand this year to save money and the instructions are confusing me.

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Sophia Long

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You'll need to report the state refund on Schedule 1, Line 1. But you should complete the "State and Local Income Tax Refund Worksheet" in the 1040 instructions first to determine how much (if any) is actually taxable. If you're dealing with the SALT cap situation described in this thread, you may well calculate that $0 is taxable, but you still need to work through the worksheet.

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Just want to add my two cents as someone who's been filing S-corp returns for my business for 7 years. The first year is definitely the hardest! There's a learning curve, but once you understand the basic concepts, it gets much easier. If you decide to do it yourself, make sure you understand: 1) How to allocate between reasonable salary and distributions 2) Keeping business and personal expenses separate 3) Quarterly estimated tax payments 4) Payroll tax requirements The software I use (TaxAct) actually has decent guidance for S-corps and is way cheaper than hiring an accountant. I'd say give it a try yourself first, and if you get stuck, you can always hire help for the complicated parts.

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Eduardo Silva

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Thanks for the advice! Did you use any specific resources to learn about the S-corp requirements when you first started? And approximately how much extra time did it add to your tax preparation compared to just doing personal returns?

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When I first started, I found the IRS's "Tax Information For S Corporations" publication really helpful, along with some YouTube videos from CPAs. The Small Business Administration website also has good resources. As for time commitment, my first year doing S-corp returns took about an extra 8-10 hours beyond my normal personal returns. There was a lot of learning and double-checking. Now I can knock it out in about 3-4 extra hours each year. The key is keeping good records throughout the year - that makes tax time so much easier! If your husband's businesses have clean bookkeeping, you're already halfway there.

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Be careful about DIY with S-corps! I tried doing mine myself last year and missed the requirement to pay myself a "reasonable salary" - took too much in distributions instead. Ended up with an IRS notice and had to pay additional self-employment taxes plus penalties. S-corps have specific rules that personal returns don't. Honestly, the money I "saved" by not hiring an accountant ended up costing me three times as much in the end.

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I had the opposite experience! Paid an accountant $1,800 for S-corp returns that weren't very complicated. Learned how to do it myself the next year and saved a ton. Just needed to read up on the rules first.

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Let me add something that nobody has mentioned yet - make sure you're filling out Part IV of Schedule C where you answer questions about material participation and whether you started or acquired this business during the tax year. Many people skip this section, but it's crucial for establishing that this was a legitimate business activity, especially when you're showing losses. Also, consider adding a statement to your return that explains your business plan and why you reasonably anticipated making a profit eventually. This proactive documentation can help if questions come up later.

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Aisha Rahman

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Would you recommend attaching some kind of profit projection or business plan to my return? I did have one when I started, showing how I planned to monetize once I hit certain view thresholds. Just wasn't sure if that would help or draw more attention to the loss.

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I wouldn't attach the full business plan to your return as that might actually draw unnecessary attention. Instead, keep it with your tax records in case of an audit. What can be helpful is a brief statement with your return explaining the nature of your business, that you operated with an intent to profit, and mentioning that you have documentation of your business plan and efforts. This shows you're aware of the requirements without overwhelming the initial filing with extra documents.

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Amara Nwosu

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Has anyone mentioned the potential impact on your Social Security earnings? If you're offsetting your W2 income with Schedule C losses, it could reduce your Social Security wages and potentially lower your future benefits. Something to consider when claiming significant business losses against high W2 income.

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AstroExplorer

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This is actually a common misconception. Schedule C losses don't reduce your Social Security wages from W2 employment. Your W2 income is still fully reported for Social Security purposes regardless of Schedule C losses. The losses might reduce your overall income tax, but your Social Security contributions and credits remain based on your W2 earnings.

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