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Sasha Ivanov

Can you start an LLC while on Washington ESD unemployment benefits?

I've been collecting unemployment for about 6 weeks now and I'm thinking about starting an LLC for some freelance consulting work I want to do. I'm worried this might mess up my benefits or get me in trouble with Washington ESD. Has anyone done this before? Do I need to report the LLC formation even if I'm not making money from it yet? I don't want to jeopardize my weekly claims but I also want to get this business idea moving while I have time to work on it.

You can absolutely start an LLC while on unemployment! The key thing is that forming the LLC itself doesn't affect your benefits - it's only when you start earning income from it that Washington ESD cares. Just make sure you report any earnings on your weekly claims once you start making money.

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That's a relief! So I can get all the paperwork filed and set up the business structure without it impacting anything?

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Exactly. The LLC formation is just paperwork. Washington ESD only cares about actual work performed and income earned.

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I did this exact thing last year. Started my LLC in March while collecting UI benefits. No issues at all as long as you're honest about any income on your weekly claims. The tricky part is making sure you understand what counts as 'work' vs just business setup.

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What do you mean by work vs business setup? Where's the line?

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Setting up your LLC, getting business licenses, creating a website - that's all prep work. Once you start actively seeking clients or doing actual consulting work, that's when you need to report it even if you haven't been paid yet.

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Just went through this process myself! Had to call Washington ESD to clarify some things and it was impossible to get through. Ended up using Claimyr (claimyr.com) to actually reach an agent. They have this video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Got connected to someone at Washington ESD within an hour and got all my LLC questions answered directly.

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Never heard of that service before. Does it actually work or is it just another scam?

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It's legit! I was skeptical too but it really did get me through to Washington ESD when I couldn't get past the busy signals. Worth it when you need answers about something this important.

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The important thing to remember is that Washington ESD has specific rules about self-employment while on unemployment. You need to be available for work and actively seeking employment. Starting an LLC for future freelance work is fine, but make sure you're still meeting your job search requirements.

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Good point about the job search requirements. I'm still applying to regular jobs and doing my 3 work searches per week.

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Perfect. As long as you're meeting those requirements and reporting any income accurately, you should be fine.

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Be VERY careful with this. I know someone who got in trouble because they didn't report their LLC formation and Washington ESD found out later. They said it showed they weren't really looking for work.

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That doesn't sound right. You don't have to report LLC formation to Washington ESD, only income and work performed.

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maybe i'm misremembering the details but they definitely had problems. better safe than sorry imo

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The confusion might be about when they started actually working through the LLC vs just forming it. The timing matters a lot.

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I'm in a similar situation but with a different question - what if I want to start the LLC with a partner who's also on unemployment? Does that change anything?

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No, having a partner doesn't change the rules. Both of you would follow the same guidelines about reporting income once the business starts generating revenue.

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Thanks! We're both being really careful to follow all the rules since we can't afford to lose our benefits right now.

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The whole system is so confusing. Why can't Washington ESD just have clear guidelines about this stuff posted online?

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They actually do have some info on their website, but it's buried in the handbook. The problem is every situation is a little different.

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Yeah I've tried reading through all that stuff and it just makes me more confused lol

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Update: I went ahead and filed my LLC paperwork with the state. No issues so far and I'm still getting my weekly benefits. Thanks everyone for the advice!

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Great to hear! Just remember to start reporting once you begin actual work activities.

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Awesome! Hope your consulting business takes off once you're ready to launch it.

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For anyone still worried about this, I called Washington ESD directly about my LLC plans and they confirmed that business formation doesn't affect benefits. The agent was really helpful in explaining exactly what I need to report and when.

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How did you get through to them? I can never reach anyone when I call.

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I used that Claimyr service someone mentioned earlier. Worked like a charm - got connected to an actual person instead of dealing with busy signals all day.

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Just want to add that if you're planning to do consulting work, make sure you understand the difference between being an independent contractor and having your own business. It can affect how you report things to Washington ESD.

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Can you explain that difference? I thought having an LLC meant I was running my own business.

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You're right that the LLC makes it your business. I was thinking more about tax implications and how you structure client relationships. For Washington ESD purposes, any income from the LLC gets reported the same way.

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I started my LLC 2 months ago while on benefits and everything has been smooth. The key is being totally transparent with Washington ESD about any work you do once you start actively running the business.

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That's encouraging to hear! Did you have to do anything special when you started actually taking on clients?

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Just reported the work and income on my weekly claims like any other job. Washington ESD treats self-employment income the same as regular employment income for benefit calculations.

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One thing to keep in mind is that once you start making significant income from your LLC, you might not be eligible for unemployment anymore. Washington ESD has limits on how much you can earn and still collect benefits.

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What's the income limit? I want to make sure I understand this before I start taking on projects.

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It depends on your weekly benefit amount. Generally if you earn more than 1.5 times your weekly benefit amount, you won't get any unemployment for that week.

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Right, and there's a formula for partial benefits if you earn less than that. It's all explained in the Washington ESD handbook.

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Has anyone had issues with Washington ESD questioning whether you're really available for work if you have an LLC? I'm worried they might think I'm not seriously job hunting.

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As long as you're meeting your job search requirements and are genuinely available for full-time work, having an LLC shouldn't be a problem. The issue would be if you turn down job offers because of your business.

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That makes sense. I'm definitely still looking for regular employment - the LLC is more of a backup plan.

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Quick question - do I need to get a business license before forming the LLC, or can I do that later?

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That depends on what type of consulting you're doing and your local requirements. The LLC formation and business licensing are separate processes.

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Thanks! I'll check with my city about their specific requirements.

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I wish I had started my LLC while on unemployment instead of waiting. Would have saved me time once I was ready to launch my business. Good thinking OP!

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Yeah, I figure I might as well use this time productively to get all the legal stuff sorted out.

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Smart approach. Just don't let the business planning distract you from your job search activities.

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For anyone who needs to talk to Washington ESD about their specific situation, I really recommend trying Claimyr. I was struggling to get answers about my LLC questions for weeks until I used their service. Much better than sitting on hold forever.

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How much does something like that cost? I'm already tight on money being unemployed.

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Check out their website at claimyr.com - they explain how it works. For me it was worth it to get peace of mind about doing everything correctly.

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The timing worked out well for me - I formed my LLC while on unemployment and by the time I started getting steady clients, I was ready to transition off benefits anyway. Made the whole process much smoother.

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That's exactly what I'm hoping for! Did you have any overlap period where you were earning from the LLC and still collecting some benefits?

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Yes, for about 6 weeks I was reporting partial income from consulting work. Washington ESD reduced my benefits accordingly but I was still getting some unemployment while building up my client base.

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Make sure you keep good records of everything - when you formed the LLC, when you started marketing, first client contact, first payment, etc. Washington ESD likes documentation if they ever have questions.

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Good advice! I'll start a folder with all the paperwork and dates.

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Exactly. Better to have too much documentation than not enough if issues come up later.

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This thread has been super helpful! I was worried about the same thing but now I feel confident about moving forward with my LLC plans.

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Glad it helped! I was really nervous about it too but everyone's experiences have been reassuring.

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The key is just being honest and following the reporting rules. Washington ESD isn't trying to trap people - they just want accurate information.

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One last tip - consider setting up a separate business bank account even before you start earning money. Makes it much easier to track business income and expenses for both Washington ESD reporting and taxes.

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That's a great idea! I hadn't thought about the banking side of things yet.

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It really helps keep everything organized. Plus some banks have good small business account options for new LLCs.

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I went through this exact situation last year! Filed my LLC while collecting unemployment and had zero issues. The most important thing is understanding that Washington ESD only cares about actual work performed and income earned - not just the business formation itself. I spent about 2 months doing all the setup work (LLC filing, EIN, business bank account, basic website) while still collecting full benefits. Once I started actively pursuing clients and doing actual consulting work, that's when I began reporting it on my weekly claims. The transition was smooth and I was able to gradually reduce my unemployment benefits as my business income increased. Just make sure you keep detailed records of when you transition from "business setup" to "active business operations" in case they ever ask questions.

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This is exactly the kind of detailed experience I was hoping to hear about! The distinction between business setup vs active operations makes so much sense. I'm planning to do the same gradual transition approach once I'm ready to start taking on clients. Did you find that Washington ESD was pretty understanding about the whole process when you were reporting your consulting income?

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