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Lena Kowalski

Do I need to form an LLC for my consulting business in US? Tax implications?

Hey everyone, I recently started picking up some consulting gigs in the tech industry and I'm trying to figure out the best way to structure things tax-wise. Right now clients are just paying me directly and I'm using my SSN for everything. Is it worth the hassle and expense of setting up an LLC? My understanding is that single-member LLCs are taxed as pass-through entities anyway, so I'm not sure if there's a big tax advantage. Honestly, I'm not super concerned about liability issues since I'm just doing software consulting and not anything where I could cause physical harm or major financial damage. Are there any other significant benefits to forming an LLC that I'm missing? Would appreciate hearing from others who've been in similar situations. Thanks!

Tax advisor here! The LLC question comes up all the time with my consulting clients. For tax purposes alone, a single-member LLC typically doesn't change much since it's considered a "disregarded entity" by default - meaning all income still flows to your personal tax return (Schedule C) just like it does now with your SSN. You'd still pay self-employment taxes and everything. The main advantages of an LLC are: 1) some liability protection for your personal assets (though not as much as people think), 2) potential business credibility with clients, and 3) the option to elect different tax treatments later (like S-Corp) which could potentially save on self-employment taxes if your income gets high enough. If you're not worried about liability and your consulting income is modest (under $80-100K), the extra costs of formation, annual fees, and potentially separate bookkeeping might not be worth it yet. As your business grows, you might reconsider - especially the S-Corp election option which can save on SE taxes.

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When does the S-Corp election actually make sense? I've heard mixed things about whether it's worth the hassle with all the payroll requirements. Is there a certain income threshold where it typically makes sense?

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The S-Corp election typically starts making financial sense when your net consulting income reaches around $80,000-100,000. At that point, the self-employment tax savings can outweigh the administrative costs. With an S-Corp, you pay yourself a "reasonable salary" subject to FICA taxes (15.3%) and can take the rest as distributions not subject to those taxes. The key is that your salary must be reasonable for your industry and work - the IRS watches this closely. You'll have payroll tax filings, W-2 requirements, and more complex accounting, which typically costs $1,500-3,000 annually in services. That's why it's rarely worth it for lower incomes.

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I was in the exact same situation last year! After a bunch of research, I decided to use taxr.ai (https://taxr.ai) to analyze my specific situation. It was super helpful because they looked at my actual income numbers and consulting contracts to give personalized advice. In my case, they showed me that with my projected income, I'd actually save more money by waiting another year before forming an LLC and electing S-Corp status. They also pointed out some deductions I was missing as a consultant that saved me way more than worrying about the business structure! The business expense tracking feature helped me organize all my deductions which made tax time way less stressful.

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That sounds interesting - did they actually tell you whether to form an LLC or was it more about general tax advice? I'm wondering if they can help with the actual formation process or just the decision part.

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Did you need to provide a lot of documents? I'm worried about sharing all my financial info with some random service. How does the analysis actually work?

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They gave me specific advice about whether an LLC made sense for my situation based on my income level and business activities. Their recommendation included timing - they suggested waiting until my income hit a certain threshold before forming the LLC and making the S-Corp election. They don't handle the actual formation process, but they gave me a checklist of what I'd need to do when the time came. The document process was pretty straightforward - I uploaded my previous tax return and a couple of my consulting contracts. They have this secure portal, and they explain exactly how they use each document. The analysis was detailed, breaking down scenarios with different business structures and showing tax implications for each option based on my specific income patterns.

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Just wanted to follow up - I ended up trying taxr.ai after asking about it here. Gotta say it was actually super helpful for my situation! I was overthinking the LLC thing when it turned out I had bigger tax issues to deal with. They pointed out that with my current home office setup and travel between client sites, I was missing out on a bunch of deductions that will save me way more than any LLC structure would. They also showed me exactly when an S-Corp election would make sense based on my income projections. Saved me from paying for an LLC I didn't need yet and helped me properly document my business expenses instead. Definitely worth checking out if you're confused about the whole consultant tax situation.

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If you're doing consulting, another huge headache is dealing with the IRS if you have any tax issues come up. I learned this the hard way when I got flagged for an audit on my Schedule C expenses last year. I spent WEEKS trying to get through to the IRS to resolve it. After 20+ attempts of waiting on hold for hours and getting disconnected, I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c Whether you go LLC or not, having a way to actually reach the IRS when you need them is invaluable. The agent I spoke with actually helped me understand some deduction rules specifically for consultants that I had no idea about.

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Wait, how does this actually work? The IRS phone lines are notoriously impossible to get through. Is this some kind of priority line or something?

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Sounds like a scam tbh. Nobody can magically get through IRS phone lines. They're always jammed and understaffed. I'll stick to waiting on hold for 2 hours like everyone else.

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It's not a priority line - they use a combination of technology and statistical analysis to navigate the IRS phone system more efficiently than a human can. Basically, their system dials continuously using patterns they've identified as most likely to get through, then calls you once they have an agent on the line. I was skeptical too at first. What convinced me is that you don't pay if they don't connect you - there's no risk. When I used it, I got connected to a real IRS agent who answered my questions about home office deductions for consultants. It saved me hours of frustration, especially during tax season when the wait times are even worse than usual.

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Just wanted to update after trying that Claimyr service I was skeptical about. I'm honestly shocked it actually worked. I had been trying for 3 weeks to reach someone at the IRS about a missing 1099 issue with my consulting income. Got connected to an agent in about 35 minutes (they estimated 45 so a bit faster). The agent was able to confirm they had received my 1099s from clients even though they weren't showing up properly in my online account. Completely changed my opinion about whether I need an LLC too - the agent walked me through some record-keeping requirements for Schedule C businesses that will make my life way easier come tax time. Might still do an LLC eventually, but at least now I understand the actual requirements better.

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One thing nobody's mentioned is that LLC requirements and costs vary significantly by state. In California, there's an $800 annual franchise tax just for having an LLC, which eats into any tax benefits if you're just starting out. Meanwhile, in Wyoming or Delaware, it's much cheaper and has better privacy protections. You can form an LLC in a different state than where you live, though there are some additional complexities with that approach.

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That's really helpful - I'm actually in California and had no idea about the $800 fee! Does that apply even if you're making very little money? That would definitely change my calculations.

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Yes, unfortunately California charges the $800 annual franchise tax regardless of your income level - even if your LLC operates at a loss or makes zero money. You have to pay it from the first year of formation and every year after. There are some very specific planning strategies where you might form right at the end of a calendar year to minimize that first payment, but generally, this cost is a big reason many small consultants in California stick with sole proprietorship until their income justifies the extra expense. Some consultants do form LLCs in other states, but then you potentially deal with "foreign entity registration" in California anyway if you're physically working there.

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Has anyone used TurboTax for filing taxes as a consultant? I've always used it for my W-2 job but not sure if it's good enough for consulting income or if I need something more powerful?

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TurboTax works fine for basic consulting income - it handles Schedule C and all the common deductions. BUT if you're making more than like $30k from consulting or have complicated situations (multiple clients, home office, lots of business expenses), you might want to look at TurboTax Self-Employed or even QuickBooks Self-Employed to track everything throughout the year.

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Great discussion everyone! As someone who went through this exact decision process last year, I'd add that timing really matters. I started as a sole proprietor and waited until my quarterly estimated taxes hit around $5,000 before forming an LLC. One thing that helped me was tracking my actual business expenses for a few months first - things like software subscriptions, home office costs, professional development, etc. Once I saw how much I was spending on legitimate business expenses, it became clearer whether the LLC structure would be worth it. Also, don't forget about state-specific benefits. Some states offer better liability protection or tax advantages for LLCs that might tip the scales even if the federal tax treatment is similar. Worth checking with your state's business filing office or a local tax professional who knows your state's rules. The key is not to rush into it just because it "sounds more professional" - make the decision based on your actual financial situation and growth projections.

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This is really solid advice about waiting and tracking expenses first! I'm just getting started with consulting and was feeling pressure to form an LLC right away, but your point about the $5,000 quarterly tax threshold makes a lot of sense as a benchmark. How did you track your business expenses during those first few months? Did you use a separate bank account or just keep detailed records? I'm worried about mixing personal and business expenses if I stay as a sole proprietor for now.

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