Starting a Photography Business: Filing for an LLC with Your Secretary of State

I am not a lawyer. Make sure to do your own research about officially forming a business in your state. I’m simply telling you about my own past experiences.

What is an LLC?

LLC stand for Limited Liability Company. In simple terms, this means that you are running your business separately from yourself (which is what you’re doing if you have a Sole Proprietorship). Instead of you personally being liable for anything that goes wrong in your business, your business is what will be held liable—AKA, your personal assets like your house, car, and personal assets are protected if someone decides to sue your business. This isn’t always the case with other business structures.

Why an LLC Might Be Right for You?

As mentioned above, an LLC separates your personal assets (property) from your business. This is one of the main reasons individuals form an LLC.

Another reason is that it’s typically simple and affordable to form an LLC. In some states, the cost is as low as $50, while in other states it can be as high as $300. In most cases, this fee is a one-time thing, with the occasional State Fee to remain in good standing, depending on the state (this is the case in South Dakota, where a $70 fee is collected annually).

Other Business Structures:

While an LLC might be the right business structure for a lot of photographers, it might not be for others. A few other business structure options are a sole proprietorship, S-Corp, and C-Corp.

Sole Proprietorship

According to the IRS, the definition of a Sole Proprietorship is: someone who owns an unincorporated business by themselves.

This is often the way many photographers start out. They do business under their name and don’t have a formal business structure. However, this does leave your personal property vulnerable in the case of a lawsuit.

S-Corp

According to the IRS, the definition of an S-Corp is: corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes.

While there are benefits to having an S-Corp, it’s unlikely that a single-member run photography business will hit the requirements to become one (though there are always exceptions, which should be discussed with your accountant and lawyer).

How to File for an LLC:

Filing for an LLC is a lot simpler than many people realize. It can take as little as 15 minutes if you know what you’re doing and 30 minutes if you need a little assistance from the internet.

Go to Your State’s Secretary of State Website

The most affordable way to file for an LLC is to go to your State’s Secretary of State website. From there, you’ll need to check that no other business is operating under your desired business name. If they are, you’ll need to tweak your business name or come up with a new one.

Next, you’ll start the filing process, which is different for each state. I highly recommend pulling up a state specific tutorial on YouTube or a .gov website to assist you through the process. When in doubt, do a quick search to make sure you’re filling out the right thing.

*Once again, I’m not a lawyer, so please do your own research. I have however filed for 3 businesses in multiple states successfully and am speaking from my own experience.

Why You Should Probably Skip 3rd Party LLC Filing:

If you’re intimidated by filing for your LLC on your own, it might be tempting to have someone else do it for you—such as a third party website. While there’s nothing wrong with doing it this way, there are a couple of reasons you may want to file for your LLC on your own.

They Charge Twice as Much as it Costs to File Yourself—if Not MORE

A common theme with 3rd Party LLC filing businesses is that they tend to charge WAY more than what it would cost to do it through your Secretary of State website. When starting a business, it can be important to keep your expenses as low as possible to make sure you don’t start buried in debt.

There are Plenty of YouTube Videos and Free Resources to Make Sure You File Correctly

As I mentioned above, there are plenty of tutorials on YouTube or .gov specific websites to walk you through the process. Take your time, take a deep breath, and even ask a friend who’s filed for an LLC themselves (I’m sure you have one or two you can ask for advice).

If you haven’t read the previous post in the Starting a Photography Business Series, check it out here: Where to Buy A WordPress Website Theme. Next up, we’ll talk about how to file for an EIN with the IRS.