I shall let this drop as I’ve been doing a variety of “things” for 40 years and long ago learned to protect assets as the number one thing after MAKING assets.
let the OP check with a lawyer and accountant and make up their own mind on the situation, but if they intend to make any money at all, and its amazing how quickly it builds with or without partners, then first and foremost is asset protection.
While all of what you say has merit, understand that if its good enough for the Mafia, its good enough for me and while the US Attorney General may go after THEIR income, none of us fall into that realm, and few in the IRS are willing to expend the requirements to break down the “wall” of protection that a corporation provides, especially as we are simply “little fish” in the IRS agenda !
Years ago the IRS concentrated (for about a year and a half) on the movie industry, trying to determine who were independent contractors and who werent — it wasnt very hard, once they got going, to simply set up your business to get around their regulations ---- as a trader you are considered a sole proprietor (once you have set up your mark to market and trader status) and thats how it is, because IRS must have SOMEPLACE to put you, and unemployed is NOT it, or they would consider any winnings while trading as “panhandling !” (and we know that aint true — its income that you can reduce with losses or in other words, a SOLE PROPRIETORSHIP and an AKA !
I grow tired of discussing what any lawyer or accountant will tell you as fact, although the LLC is now the “popular” venue for non sole proprietors. Its only problem is that as a “partner” in the business, any profits become taxable as personal income, which is MUCH easier to get around as a corporation.
What appears to be a higher rate of taxation in corporations is offset in spades by the deductions you are allowed that you CANNOT TAKE as a proprietor — can you accumulate hundreds of thousands of dollars of “artwork” (which could easily be an Aston Martin DB4 Vantage that you actually drive) as a sole proprietor — NOPE !
But truly, one has the Aston registered to the corporation and the corporation has provided a nice 7 million dollar home for you to live in, and while you need to prove income from SOMEWHERE, you dont need to prove much because EVERYTHING in your life is being provided, tax free and legally under corporate law ! Just dont go getting stupid about what you do
the discussion is silly at this point — corporations can engage in trusts, holding companies and a dozen more shelters that are simply not worth the IRS’s time to break down when profit is only a few thousand dollars.
but im out of this one now – will continue as a corporation, enjoying the things that dont exist and secure in my protection from liability as long as the corporation doesnt do anything wrong.
Remember please, that contained within the letters “LLC” are the words “LIMITED LIABILITY” — you get the protection of the corporation with the taxation of a partnership/sole proprietor ! (which is essentially the same taxes !)
ps – i presently have a lawsuit aimed at the corp holdings from a personal incident that I won in criminal court ---- present time has their lawyer (civil court) pretty much giving up because of the enormous time, money and effort it would take to break down the wall, all for what is in reality a pittance !
protection of self is the all empowering asset of the corporation and applies to military actions, robbing a bank or having sexual relations with a stranger !
enjoy and trade well
mp