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Is an LLC Worth it? Freelance Work

Posted on 7/1/25 at 6:09 pm
Posted by TheJunction
Mississippi
Member since Oct 2014
1818 posts
Posted on 7/1/25 at 6:09 pm
Hey guys, wanting to come here for a little advice before I setup an LLC and talk with an accountant.

My wife and I both have W-2 jobs, but, like so many others, we do work on the side.

I have been working a part-time, remote, 1099 job for a few years and my wife will be doing something similar this year. I’ve never set up an LLC for what I do, but I’m curious at what benefits I would (potentially) see if I did.

I’m going to stay vague on exactly what we do, but essentially it’s consulting work - talking with clients, working up projects, etc. It’s all remote.

We do have a dedicated office at our home, I’ve read differing opinions on if that space is deductible and if we could also include the internet. I understand that any specific business expenses are (like computer, chair, decorations, etc.). Is there anything else?

Anyway, just curious - thanks!

This post was edited on 7/1/25 at 6:11 pm
Posted by Puffoluffagus
Savannah, GA
Member since Feb 2009
6443 posts
Posted on 7/1/25 at 6:16 pm to
You don't need a llc to deduct expenses on a schedule C for your 1099 income.

If you've had 1099 income for the last few years, theoretically you have been eligible for any work related deductions, have you been using an accountant the last several years?
Posted by dstone12
Texan
Member since Jan 2007
38542 posts
Posted on 7/1/25 at 6:29 pm to
I started one for medical equipment so patients couldn’t “pierce the corporate veil” if a device ever hurt someone or caused an issue.

A hybrid S/c corp was suggested.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
36702 posts
Posted on 7/1/25 at 6:36 pm to
quote:

A hybrid S/c corp was suggested.


No idea what this means
Posted by horsesandbulls
Destin, FL
Member since Jun 2008
5146 posts
Posted on 7/1/25 at 6:36 pm to
I always suggest an LLC for liability protection.
Posted by dstone12
Texan
Member since Jan 2007
38542 posts
Posted on 7/1/25 at 6:39 pm to



There's no single business structure officially designated as a "hybrid S and C corporation" by the IRS. However, some situations might involve aspects of both, like S corps electing C corp status in specific contexts or strategies involving both structures.
Understanding the Structures:
C Corporations (C Corps): C corps are entities taxed separately from their owners. Corporate profits are taxed, and then dividends distributed to shareholders are taxed again at the individual level (known as double taxation). C corps offer strong liability protection and more flexibility regarding ownership and stock options.
S Corporations (S Corps): S corps avoid double taxation by passing profits and losses through directly to the shareholders' individual income tax returns. This is known as pass-through taxation. To qualify, S corps must meet specific requirements, such as a limit on the number and type of shareholders and only having one class of stock
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
36702 posts
Posted on 7/1/25 at 6:44 pm to
You’re either an S Corp or you’re not. There’s no such thing as a hybrid s/c corp
Posted by horsesandbulls
Destin, FL
Member since Jun 2008
5146 posts
Posted on 7/1/25 at 7:10 pm to
You can be a c corp and elect to be treated as an S corp, or you can be a pass through entity and elect to be treated as an S corp.

What aspects of a c corp and s corp are you doing that make it a hybrid?
Posted by TheJunction
Mississippi
Member since Oct 2014
1818 posts
Posted on 7/1/25 at 7:25 pm to
So is the main benefit of an LLC just for asset protection in case of a suit? If that’s the case than that’s not something we need.

I could see it making the finances easier - just to have both separated, easier to track.

I keep seeing differing opinions on writing off the work space in a personal home. The office we use will be solely used for side work - this shouldn’t be a concern for writing off should it? Do I need an LLC for this, or is sole proprietor enough? What about home internet?
This post was edited on 7/1/25 at 7:30 pm
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
12688 posts
Posted on 7/1/25 at 7:33 pm to
quote:

So is the main benefit of an LLC just for asset protection in case of a suit? If that’s the case than that’s not something we need.


And even the liability protection isn’t what a lot of people think it is. For voluntary creditors (contracts, loans, etc., yes it offers protection). For tort claims based on your own personal acts or conduct, you can still be held personally liable.
Posted by BottomlandBrew
Member since Aug 2010
29222 posts
Posted on 7/1/25 at 7:37 pm to
This is probably not advisable by some of the MT accountants, but have your llc lease your personal home for two weeks. Have a legal lease, invoices, and keep records of what your business did - like you had a business retreat and used the time to plan for the next year and all the good stuff. Counts as an expense for your business and tax-free income (up to a certain point) on your personal side. Augusta Rule.
Posted by TX_Tiger23
Seabrook, Texas
Member since Aug 2013
109 posts
Posted on 7/1/25 at 7:45 pm to
LLC is for liability protection. S, C corp, sole proprietorship are ways the business is taxed.
Posted by Puffoluffagus
Savannah, GA
Member since Feb 2009
6443 posts
Posted on 7/1/25 at 8:00 pm to
quote:

So is the main benefit of an LLC just for asset protection in case of a suit?


Basically, and as already mentioned, its not always some kind of bullet proof protection.

quote:

I could see it making the finances easier - just to have both separated, easier to track.


Yup. While you certainly can keep it as a sole prop with a DBA(do business as) moniker, sometimes having a llc and an associated business ein does make it easier to keep everything in order and separate from personal affairs. Personally thats why I have one, just for organization.

quote:

I keep seeing differing opinions on writing off the work space in a personal home. The office we use will be solely used for side work - this shouldn’t be a concern for writing off should it


Maybe one of the cpas here can chime. But home office deduction I've always been told is one of more frequent audit triggers. With that said, there's no reason not to consider claiming the deduction, along with a proportion of internet/phone etc used for business purposes. As long as you meet the criteria for the deduction and can justify in the event of audit.
Posted by dstone12
Texan
Member since Jan 2007
38542 posts
Posted on 7/1/25 at 8:05 pm to
quote:

You can be a c corp and elect to be treated as an S corp, or you can be a pass through entity and elect to be treated as an S corp. What aspects of a c corp and s corp are you doing that make it a hybrid?



I believe you just explained it and the semantics of this would be a hybrid.
Posted by horsesandbulls
Destin, FL
Member since Jun 2008
5146 posts
Posted on 7/1/25 at 8:19 pm to
Stop using the word hybrid. It doesn’t mean what you think it means here.

Sounds like you are a c corp with an s corp election. Pass through entities with the s corp follow the same rules that you do. There is no hybrid here.
Posted by TheJunction
Mississippi
Member since Oct 2014
1818 posts
Posted on 7/1/25 at 8:25 pm to
Yeah it’s a dedicated office area that’s not used for anything else (we don’t have a bed in there, or kids toys, etc.). So it should be above board.

Not looking to cheat the system but would like to save where we can. I’m going to setup a meeting with a CPA to discuss further.
Posted by horsesandbulls
Destin, FL
Member since Jun 2008
5146 posts
Posted on 7/1/25 at 8:39 pm to
Sounds like you qualify for the home office deduction. Be sure to ask the cpa about this.

Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
36702 posts
Posted on 7/1/25 at 8:39 pm to
quote:

I believe you just explained it and the semantics of this would be a hybrid.


There’s no semantics, you just aren’t making sense.
Posted by dstone12
Texan
Member since Jan 2007
38542 posts
Posted on 7/1/25 at 8:45 pm to
Would you rather I said the following?


“a c corp with an s corp election. Pass through entities with the s corp follow the same rules that you do”
Posted by horsesandbulls
Destin, FL
Member since Jun 2008
5146 posts
Posted on 7/1/25 at 8:49 pm to
quote:

like S corps electing C corp status in specific contexts


This isn’t a thing.

If you do this:
quote:

more flexibility regarding ownership


You likely won’t be doing this:
quote:

S corps must meet specific requirements, such as a limit on the number and type of shareholders and only having one class of stock


And the IRS will revoke the s corp election. Try again in 5 years.
This post was edited on 7/1/25 at 8:52 pm
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