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LLC vs. Sole Proprietorship in the Photography Business forum on Nikonites - Nikon User Community


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    LLC vs. Sole Proprietorship

    The photographers on here that run your own business and sell photos and photo shoots, do you operate under an LLC or do you work as a sole proprietor?
    With the amount of sue happy people in the US now a days I was thinking that the only way I would start a business is if it were an LLC.
    Damon S/Big D
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    Senior Member Carolina Photo Guy's Avatar
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    Re: LLC vs. Sole Proprietorship

    LLC is a lot easier to spell. I ain't even gonna try the other one!
    Pete



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    Re: LLC vs. Sole Proprietorship

    I formed an LLC
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    Mr Admin Guy jdeg's Avatar
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    Re: LLC vs. Sole Proprietorship

    I'm technically a single member LLC. It's taxed the same as a sole proprietor, but like you said your personal assets are protected. Not to mention you can more easily get things like business credit cards, loans, checking accounts, insurance, etc.

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    Senior Member PhotoAV8R's Avatar
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    Re: LLC vs. Sole Proprietorship

    Quote Originally Posted by Stangman98 View Post
    ...do you operate under an LLC or do you work as a sole proprietor?
    My "day job," for now, is taxes. And, from a tax perspective, you're really talking apples and oranges. An LLC is not a form of business under the federal tax code. Those are corporations (C and S), partnerships and sole proprietorships.

    An LLC is a designation under state law. The intent is to provide liability protection for the principles of the entity. The underlying business files its tax return as one of the other types. If you want or need that protection, form an LLC under your state regulations. You still have to decide how to file your tax return.

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    Re: LLC vs. Sole Proprietorship

    Talk to a good incorporation lawyer. Laws are different in every country, but I personally wouldn't leave myself open to a lawsuit if I could avoid it.

    Your operating company should be nothing more than a shell.
    You own all the assets and rent them to the company.
    (this has advantages and disadvantages when it comes to depreciation)

    Everything a good
    Lawyer
    and a
    Good accountant,
    will figure out and gladly explain to you.

    Get professional advise, not internet advice on setting up a business.

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    Super Moderator Browncoat's Avatar
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    Re: LLC vs. Sole Proprietorship

    There are a few advantages to Sole Proprietorship, but LLC is by and large a better solution for most people, even if you are the only person in the business. You can even set one up online if you know how to cross t's and dot i's. However, I would highly recommend talking with a legal professional first. If you're serious about doing this, you have to take all the necessary steps to ensure it's done correctly.
    Stangman98 likes this.
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    Re: LLC vs. Sole Proprietorship

    Thank you for the input everyone. I really think I am going to go the LLC route. I was thinking about using LegalZoom
    Damon S/Big D
    Damon's Photography
    RaceStangs.org

    Bodies: D80 & D300
    Lenses: 35mm 1.8, 50mm 1.8, 18-55mm, 55-200mm, 70-300mm ED VR, And some older MF stuff
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    "You'll never see a luggage rack on a Hearse"

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