Should a 1099 Employee Create an LLC? Pros and Cons

Should an independent contractor form an LLC? In this post, we’ll cover the topic in detail. People who work for themselves, known as independent contractors, are free to choose when to work. But if they don't have something called an LLC, their business and they could face problems. Stay tuned for more details.

W9 Form 2023

Man and two arrows representing independant contracor vs. LLC

Independent Contractor Pros and Cons

The main difference between 1099 employees and independent contractors lies in the terminology and emphasis on tax reporting. 

Here's the breakdown:

  • 1099 Employees. This term emphasizes the tax reporting requirement. A 1099 employee is an individual who is considered an independent contractor by the IRS, and the name comes from the Form 1099-NEC that businesses use to report payments made to them. The focus is on how payments are reported for tax purposes.
  • Independent Contractors. This term is broader and encompasses individuals or entities that provide services independently on a contract basis. They are not traditional employees and handle their own taxes. The focus is on the nature of their work arrangement.

The pros of 1099 employees are:

  • Flexibility. Work on different projects for various clients.
  • Potential Earnings. Can charge more freely and thus earn more.
  • Autonomy. Control over their work methods and schedule.

The cons of 1099 employees are:

  • No Benefits. No access to employee benefits like healthcare or retirement plans.
  • Variable Income. Income can be unpredictable and may not be consistent.
  • Tax Complexity. Responsible for their taxes and may need to pay self-employment tax.

The pros of independent contractors are:

  • Control. Decide how to perform tasks and manage projects.
  • Business Deductions. Can deduct business-related expenses to lower taxable income.
  • Diverse Client Base. Opportunity to work with an array of various clients and niches.

The cons of independent contractors are:

  • Financial Responsibility. Must manage income and taxes independently.
  • Lack of Stability. Income may fluctuate, and there's no job security.
  • No Benefits. No access to employee benefits or protections.

All in all, both 1099 employees and independent contractors offer flexibility but come with trade-offs. 1099 employees have more structure due to tax reporting requirements, while independent contractors have more autonomy and financial responsibility. 

Single Member LLC Pros and Cons

Single Member LLC Pros and Cons

A Single Member Limited Liability Company (LLC) is a popular business structure. Basically, it’s a business entity with one owner, known as the ‘member.’ It provides legal separation between the member's assets and the company's liabilities, shielding the owner from personal liability for business debts and obligations.

The pros of Single Member LLC are:

  • Limited Liability. Offers personal asset protection, ensuring the member's personal property is not at risk for business-related debts or legal issues.
  • Simplicity. Requires less paperwork and formality compared to corporations.
  • Tax Flexibility. Allows for flexible taxation options, including the ability to choose between being taxed as a sole proprietorship or a corporation.
  • Business Credibility. Enhances credibility and professionalism in the eyes of clients, partners, and customers.
  • Ease of Control. The member has complete control over decision-making and operations.

The cons of Single Member LLC are as follows:

  • Limited Growth. Ownership cannot be shared, which might limit opportunities for expanding the business with additional partners.
  • Self-Employment Tax. Members are subject to self-employment taxes on net income.
  • Credibility Concerns. Some entities may prefer working with established corporations over single-member LLCs.
  • Legal Formalities. While less formal than corporations, some legal and administrative requirements remain to maintain the LLC's separate legal status.

A Single Member LLC combines the benefits of limited liability protection with relative simplicity in management. This structure is well-suited for solo entrepreneurs who want legal protection for their personal assets without the complexity of a corporation.

Fillable 1099s

LLC vs Independent Contractor

LLC vs Independent Contractor

When considering how to structure a business venture, choosing between working as an LLC or independent contractor is crucial. Understanding the differences between an LLC and an independent contractor is essential for entrepreneurs to make informed choices that align with their business goals and circumstances.

There are significant distinctions within the LLC vs independent contractor comparison that entrepreneurs should consider:

1. Legal structure

  • Independent Contractor. Works as a self-employed individual, providing services to clients on a contract basis.
  • LLC. A formal business entity that protects personal liability, separating the owner's assets from business liabilities.

2. Liability protection

  • Independent Contractor. Typically, there is no legal separation between personal and business liabilities.
  • LLC. Offers limited liability protection, shielding personal assets from business debts and obligations.

3. Taxation

  • Independent Contractor. Reports income and expenses on a Schedule C with personal tax returns, subject to self-employment taxes.
  • LLC. Can be taxed as a sole proprietorship, partnership, S corporation, or C corporation, allowing for more tax flexibility.

4. Operational control

  • Independent Contractor. Retains full control over how work is performed and client relationships.
  • LLC. Involves a more structured operational approach, potentially involving multiple members with varying roles.

5. Growth potential

  • Independent Contractor. Limited capacity to expand due to sole proprietorship structure.
  • LLC. Offers room for growth by adding members, attracting investors, or changing taxation status as the business evolves.

6. Credibility

  • Independent Contractor. May be perceived as less formal compared to an established business entity.
  • LLC. Enhances credibility and professionalism, potentially attracting more clients and partners.

Now, let’s delve into the benefits of LLC for independent contractor operation: 

  • Limited Liability Protection. This structure provides a legal shield between personal assets and business liabilities, reducing personal financial risk.
  • Professionalism. Operating as an Limited Liability Company enhances credibility and professionalism, instilling trust among clients and partners.
  • Tax Flexibility. This way you can choose various tax structures, potentially leading to tax savings compared to self-employment taxes.
  • Operational Expansion. Independent contractors can add members or partners, facilitating business growth and collaboration.
  • Asset Protection. In case of legal issues, the personal assets of the members are generally protected from business-related claims.
  • Business Continuity. The existence of the entity is independent of its members, ensuring business continuity in case of changes in ownership.
  • Easier Funding. It’s often easier to attract investors and secure financing due to the formal structure.
  • Employee Benefits. LLC members may have access to benefits like health insurance and retirement plans.
  • Tax Deductions. There might apply various business-related tax deductions, potentially lowering taxable income.

As for the disadvantages of LLC for independent contractor business, here they are: 

  • Complexity. This business structure involve more administrative tasks and formalities compared to being a sole proprietor.
  • Costs. Setting up and maintaining incurs expenses, including filing and potential legal fees.
  • Tax Complexity. While offering flexibility, LLCs may have complex tax requirements that require professional assistance.
  • Ongoing Compliance. Limited Liability Companies must adhere to ongoing reporting and compliance obligations, adding to administrative responsibilities.
  • Potential Dissolution. It may dissolve due to member changes or other reasons requiring additional attention.

Examples of When an Independent Contractor Should Form an LLC 

Examples of When an Independent Contractor Should Form an LLC

Do I need an LLC as an independent contractor? If you’re asking yourself this question, you should realize that forming a Limited Liability Company can benefit independent contractors in specific scenarios. Here are two examples:

1. A freelance graphic designer who frequently collaborates with various clients and handles valuable creative assets should consider forming an LLC. In this example:

  • by establishing an LLC, the designer safeguards personal assets from potential legal claims stemming from copyright infringement or client dissatisfaction;
  • operating as an LLC enhances professionalism, attracting higher-profile clients who value a formal business structure;
  • the designer can explore various tax deductions available to LLCs, potentially lowering taxable income.

2. A consulting professional who offers expert advice and services to businesses might benefit from an LLC formation. In this case:

  • an LLC safeguards the consultant's assets from legal actions arising from advice-related disputes or business decisions;
  • as the consultant's client base expands, an LLC allows for the addition of partners or members to accommodate increased demand;
  • the consultant's LLC clearly separates business and personal matters, ensuring a structured approach.

In both aforedescribed instances, forming a Limited Liability Company offers multiple perks. In many cases, it may seem like the best business structure for independent contractor operations. However, it's crucial to consult legal and financial professionals before choosing. While an LLC provides advantages, it also involves administrative responsibilities and costs that require consideration before making this significant business decision.

Application for EIN

To Wrap Up

At the end of the day, irrespective of the business structure you'll opt for — and regardless of your approach to the 1099 contractor vs LLC comparison — keeping your documentation organized is paramount. Proper record-keeping simplifies tax preparation and safeguards your business's legal standing. This is where digital document management solutions like PDFLiner prove exceptionally helpful. They streamline document storage, retrieval, and editing, enabling you to focus on the core aspects of your business and ensuring a solid foundation for success.

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Dmytro Serhiiev
Tax Consultant & Co-Owner at PDFLiner