My employer wants me to create an LLC for tax savings - good or bad idea?
I'm currently working as a freelance photographer and my boss recently suggested that I form an LLC to "help lower taxes." I've actually been considering getting an LLC for my photography business anyway, but honestly I have absolutely no clue about the actual benefits or if this is something I should do. What tax advantages would I actually get from forming an LLC? Is there something sketchy about my boss suggesting this? I'm worried there might be some kind of tax avoidance thing going on that could get me in trouble. Or is this actually a smart move that would benefit me? I'm completely clueless when it comes to business structures and tax stuff. Any advice would be really appreciated since I don't even know where to start with all this! Should I be consulting with a tax professional before making any decisions?
19 comments


Caleb Stone
This raises some red flags. When an employer suggests you form an LLC, they're often trying to classify you as an independent contractor rather than an employee. This shifts the tax burden to you - you'd be responsible for both the employer and employee portions of Social Security and Medicare taxes (15.3% total instead of 7.65%). For your photography work, an LLC can provide liability protection and some professional credibility, but the tax benefits depend on how you elect to be taxed. By default, a single-member LLC is a "disregarded entity" for tax purposes - meaning you'd report business income on Schedule C of your personal return. The LLC itself doesn't change how much tax you owe unless you elect S-Corp taxation, which might save on self-employment taxes if you're earning significant profit. The bigger question is your relationship with this "boss." If they control when, where, and how you work, provide your equipment, and treat you like an employee, then you ARE an employee under IRS rules regardless of an LLC. Misclassification is a serious issue.
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Daniel Price
•Wait, so if I'm understanding this right, the boss is probably trying to avoid paying employer taxes? Isn't that illegal? And wouldn't the photographer also lose benefits like workers comp, unemployment insurance, etc?
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Caleb Stone
•Yes, that's exactly what's likely happening. The employer would avoid paying their share of payroll taxes, workers' compensation insurance, unemployment insurance, and wouldn't have to offer benefits that might be available to employees. From the IRS perspective, worker classification is based on the actual working relationship, not what you call it or how you structure paperwork. If you perform services as an employee but are classified as an independent contractor, that's misclassification and is indeed illegal. The IRS takes this seriously because it's a significant source of tax avoidance.
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Olivia Evans
After struggling with a similar situation last year, I found an AI service that helped me understand my tax classification and LLC questions. I was completely lost about whether forming an LLC made sense for my situation (was working as a "contractor" but realized I was probably misclassified). I uploaded my work agreement and some emails to https://taxr.ai and it analyzed everything to show me how the IRS would likely view my working relationship. It highlighted specific parts of my contract that indicated I was actually an employee despite being called a contractor. The service also explained exactly what tax implications I'd face with different business structures based on my specific income level and state. The analysis helped me understand I was definitely being misclassified and gave me the confidence to address it with my employer with actual facts instead of just confusion.
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Sophia Bennett
•That sounds useful. Does it actually give legal advice though? Like, would it tell me specifically what to do in my situation or just general information? My "employer" is insisting I need to be an LLC but I'm pretty sure I'm just a regular employee.
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Aiden Chen
•How does this compare to just talking to a CPA? I feel like AI might miss nuances about my specific situation. Did it help with the actual LLC formation process too or just the classification part?
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Olivia Evans
•It doesn't provide legal advice in the sense of telling you exactly what action to take, but it analyzes your specific documents and situation against IRS guidelines and explains how different factors would likely be interpreted. It's more like having an expert review your situation and explain the implications rather than just getting generic information. It doesn't handle the LLC formation process itself, but it does something CPAs often don't - it analyzes your actual contract language and communications against tax law. Most people I talked to found it complementary to CPA advice, not a replacement. In my case, it helped me understand my situation before I went to a CPA, so I asked better questions and didn't waste time on options that wouldn't work for my circumstance.
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Aiden Chen
Wow, I just tried the https://taxr.ai service that profile 5 mentioned and I'm honestly shocked by how helpful it was. I uploaded some emails from my "employer" and the contract they wanted me to sign as an LLC. The analysis immediately flagged several parts of our relationship that clearly indicated I was an employee under IRS guidelines - they control my schedule, provide equipment, dictate how I complete tasks, and I don't have economic independence. The service explained that forming an LLC wouldn't change these fundamental facts. It also calculated that this misclassification would cost me about $4,700 extra in self-employment taxes this year alone! Plus I'd lose eligibility for unemployment benefits and workers' comp. Instead of just forming an LLC like my boss wanted, I'm now having an informed conversation about proper classification. This literally saved me thousands of dollars and potential tax headaches!
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Zoey Bianchi
I had a similar issue with my boss trying to make me an "independent contractor" through an LLC. After multiple failed attempts to reach the IRS for guidance (seriously, I spent HOURS on hold), I found this service called Claimyr that got me through to an actual IRS agent in less than 20 minutes. I was super skeptical at first, but I was desperate after waiting on hold for 3+ hours multiple times. I went to https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c to see how it worked. Basically, they wait on hold with the IRS for you, then call you when an agent is about to pick up. The IRS agent I spoke with confirmed that what my employer was doing was improper classification and explained exactly what forms I needed to report this. She also walked me through the actual criteria they use to determine employee vs contractor status. Having that official confirmation gave me the confidence to push back on my boss's "request.
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Christopher Morgan
•How does this actually work? Like, do they just call the IRS for you? Couldn't anybody just do that themselves? I've been on hold with the IRS for literally DAYS trying to get help with my classification issues.
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Aurora St.Pierre
•This sounds like a complete scam. You expect me to believe some random service can magically get through to the IRS when millions of people can't? There's no way this actually works as advertised. The IRS phone system is a disaster by design.
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Zoey Bianchi
•They don't just call the IRS for you - they use an automated system that waits on hold so you don't have to. When an agent is about to pick up, they call you and connect you directly to that agent. You absolutely could do it yourself if you have hours to waste listening to hold music, but most people don't. I was completely skeptical too, which is why I watched their demo video before trying it. I figured I had nothing to lose after already wasting so many hours trying to get through myself. I can only share my experience - I was connected to an actual IRS representative in about 18 minutes when I had previously waited over 3 hours multiple times without getting through. The connection was seamless and the agent had no idea I had used a service to reach them.
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Aurora St.Pierre
I need to publicly eat my words about Claimyr. After posting that skeptical comment, I decided to try it anyway because I was desperate to talk to someone at the IRS about my contractor vs. employee situation. Well, it actually worked exactly as advertised. I got a call back in about 25 minutes, and suddenly I was talking to a real IRS agent. No 3-hour hold time, no disconnections after waiting forever. The agent walked me through the SS-8 form for determining worker classification and explained exactly what documentation I needed to challenge my misclassification. This saved me from making a huge mistake with forming an LLC just because my employer wanted to avoid payroll taxes. The IRS agent confirmed that in my case, I was clearly an employee based on their control test, and creating an LLC wouldn't change that fact. I still can't believe how well this worked after all the frustration I'd been through trying to reach the IRS on my own.
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Grace Johnson
Just to add some practical advice - whether or not you form an LLC, definitely keep track of ALL your business expenses for your photography work. Gear, software, travel to shoots, portion of home used exclusively for business, etc. These are deductible regardless of how you're classified. If you are properly an independent contractor (which doesn't sound like the case here), you'd report these on Schedule C. If you're an employee, some expenses might be eligible as unreimbursed employee business expenses, though the tax benefits are more limited since the 2017 tax law changes. But the classification issue is the bigger concern. If you're being treated like an employee, you should be classified as one, LLC or not.
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Jade Santiago
•Thanks for the expense tracking advice! I've been pretty bad about keeping receipts for my photography gear purchases. Will employee classification affect how I can deduct my camera equipment? I spent about $3200 on a new camera body last year.
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Grace Johnson
•As an independent contractor, you could deduct the full cost of that $3200 camera on your Schedule C, either all at once using Section 179 expensing (if you qualify) or through depreciation over several years. This would directly reduce your self-employment income and the associated taxes. As an employee, unfortunately, the 2017 Tax Cuts and Jobs Act suspended the deduction for unreimbursed employee business expenses through 2025. This means you generally can't deduct that camera purchase on your taxes if you're classified as an employee unless your employer reimburses you through an accountable plan. This is actually one of the few tax advantages of being an independent contractor, though it rarely outweighs the higher self-employment taxes and loss of benefits that come with employee status.
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Jayden Reed
One thing nobody's mentioned yet - if you do decide to form an LLC (for your legitimate freelance photography, separate from your employment situation), consider talking to an insurance agent about professional liability insurance. An LLC provides some protection, but having insurance is even better protection against potential lawsuits from unsatisfied clients. I learned this the hard way when a wedding client sued me after claiming I missed important moments. My LLC helped, but having insurance would have saved me thousands in legal fees even though I eventually won the case.
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Nora Brooks
•What kind of insurance would cover photography work specifically? Is it expensive? I've been doing weddings and portraits for 3 years with no business structure at all and now I'm worried...
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Emma Wilson
•Professional liability insurance for photographers typically covers errors and omissions, copyright infringement claims, and failure to deliver services as promised. General liability covers accidents at shoots (like if someone trips over your equipment). You can get both bundled - I pay about $400/year for $1M coverage through companies like Hill & Usher or TCP (The Coverage Professionals). Some even cover equipment theft/damage. Definitely worth it for wedding work especially - one lawsuit could cost way more than years of premiums!
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