LLC guide · Freelancers & Remote Workers · updated 2026

LLC for freelancers and remote contractors

Designers, developers, writers, marketers and consultants reach a point where a sole proprietorship no longer fits: a client contract requires a company, an enterprise procurement team will only onboard a vendor with an EIN, or income has grown enough that the S-Corp election could save on self-employment tax. An LLC handles all three and keeps a client dispute from reaching personal assets.

At a glance

LiabilityClient and contract claims stay with the LLC
Client onboardingEIN + W-9 in the company name
Tax optionS-Corp election once profits justify it
Best statesHome state · Wyoming for non-US
Setup timeDays for US residents

Incofile forms the LLC, obtains the EIN, provides the registered agent and a US business address, and files the S-Corp election when that becomes worthwhile.

The three reasons freelancers form an LLC

Liability: if a deliverable causes a client loss, the claim is against the company. Credibility and access: many companies will only contract with an entity that provides an EIN and a W-9, and some procurement systems reject individuals outright. Tax flexibility: a single-member LLC is taxed like a sole proprietor by default, but once net profit is comfortably above the owner's reasonable salary, electing S-Corp status can reduce self-employment tax.

When the S-Corp election makes sense

The election is worthwhile when profits are high enough that paying yourself a reasonable salary and taking the rest as distributions saves more in payroll tax than the extra payroll and tax-return costs — commonly somewhere above $60,000–$80,000 of net profit, though it depends on your situation. Incofile files Form 2553 for you; use our S-Corp tax calculator for a quick estimate.

Freelancers outside the US

Non-US freelancers form US LLCs mainly for payments and client access: Stripe, PayPal Business, US bank accounts and clients who need a US vendor. The S-Corp election is not available to non-resident owners, and income earned by work performed abroad is generally not US-taxed, but Form 5472 is due every year. See our country guides for the rules where you live.

Which state?

US freelancers: your home state. Non-US freelancers: Wyoming or New Mexico for low cost and privacy. Avoid forming in another state as a US resident — you will have to register at home anyway.

Which state should you choose?

Wyoming

Non-US freelancers' default.

Annual requirements →

New Mexico

No annual report at all.

Annual requirements →

Texas

No personal income tax for Texas residents.

Annual requirements →

What Incofile does for you

  1. Form the LLC in your chosen state

    We prepare and file the formation documents, act as organiser and provide the registered agent in that state — your home address stays off the public record.

  2. Obtain the EIN

    We apply to the IRS for your Employer Identification Number so you can open the bank account and set up payments.

  3. US business address and mail scanning

    A real US street address for banks, marketplaces and payment platforms, with every letter scanned to your portal ($155/year).

  4. Operating agreement and banking resolution

    The documents banks, Amazon, Walmart and payment processors ask for, prepared in your company's name.

  5. Compliance calendar in your client portal

    Annual report deadlines, registered agent renewal and tax-filing dates, with reminders before each one — plus 24/7 access to every document.

Ready to set up your LLC the right way?

Transparent one-time pricing from $0 + state fee. Real humans answer your questions by email and chat, and your client portal shows every step of the filing.

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Freelancers & Remote Workers — frequently asked questions

Does an LLC change how clients pay me?

They pay the LLC's bank account and receive a W-9 with the LLC's EIN instead of your SSN. Nothing else changes for them.

Can I keep using my own name?

Yes — form the LLC as "Jane Smith Design LLC" or form it under a brand and file a DBA for the name you trade under.

Do I need an operating agreement as a solo owner?

Banks often ask for one and it documents that the LLC is a separate entity. Incofile includes it.

Is an LLC better than a sole proprietorship for taxes?

By default they are taxed the same. The advantage is the option to elect S-Corp treatment later, plus liability protection now.

What does it cost to maintain?

The state annual report or franchise tax, registered agent renewal and your tax-return cost. No ongoing Incofile fees unless you add services.