Do I Need an LLC for My Cryptocurrency Business? | TRUiC (2024)

Starting a limited liability company (LLC) for your cryptocurrency business can provide several benefits.

Most importantly, an LLC structure offers limited liability to its owners, which can protect their personal assets from lawsuits and creditors.

For a cryptocurrency business, lawsuits can arise from things like digital trade patent infringements as well as from data breaches.

LLCs are also affordable, highly flexible (from a tax point-of-view), and can make your cryptocurrency business seem more credible.

Recommended: Use Northwest to form an LLC for $29 (plus state fees).

Do I Need an LLC for My Cryptocurrency Business? | TRUiC (1)

Should I Start an LLC for a Cryptocurrency Business?

LLCs are a simple and inexpensive way to protect your personal assets and save money on taxes.

You should form an LLCwhen there's any risk involved in your business and/or when your business could benefit from tax options and increased credibility.

LLC Benefits for a Cryptocurrency Business

By starting an LLC for your cryptocurrency business, you can:

  • Protect your savings, car, and house with limited liability protection
  • Have more tax benefits and options
  • Increase your business’s credibility


Limited Liability Protection

LLCs provide personal liability protection. This means your personal assets (e.g., car, house, bank account) are protected in the event your business is sued or if it defaults on a debt.

Cryptocurrency businesses, like crypto mining firms, consultants, trainers, equipment retailers, and miners, can benefit from liability protection.

Example 1: A client made a significant loss investing in a coin listed on your platform without doing his due diligence. He accused you of listing scam coins and filed a lawsuit against you, demanding you pay for damages. If the court's verdict favors him, LLC will limit the financial effects of the suit to only your business assets.

Example 2: Internet fraudsters gain access to your cryptocurrency platform and steal a significant amount of money that belongs to your clients. If you suffer a lawsuit due to the incident, LLC will ensure you don't pay through your personal finances.

Example 3: You are being accused of engineering a crypto "Pump and Dump" scheme, otherwise called rug pull. As a result, many people have filed multiple lawsuits against your company. If the law finds you guilty and orders you to pay for damages, LLC will limit the payments to only your business assets.

Example 4: You advise a client to cash-in, they agree, and you forget to make the trade. The client sues for the loss.


LLC Tax Benefits and Options

LLCs have options to customize their tax structure. This allows businesses to use the best tax strategy for their circ*mstances.

For questions about tax solutions for yourcryptocurrencybusiness, we recommend scheduling a free tax consultation.

Taxes Benefits Cryptocurrency Mining

Cryptocurrency miners must treat their mined currency as income. A crypto miner has the choice between reporting income as a hobby or business. If you are running a small operation on your personal computer, it’s probably a hobby. A larger operation will benefit from writing-off expenses as a business.

A crypto mining business that is structured as an LLC has liability protection, can write-off business expenses, and can save money on self-employment taxes.

Taxes Benefits Cryptocurrency Mining Firms, Consultants, Equipment Retailers, and Trainers

Other cryptocurrency professionals can save money on taxes by forming an LLC. Consultants and trainers could benefit very much from the tax options an LLC offers, especially the S corporation tax status.

Taxes Benefits Cryptocurrency Traders

Cryptocurrency profits and losses from trading are treated by the Internal Revenue Service (IRS) as capital gains or capital losses. In an LLC, capital gains can be offset by business expenses. And, as an LLC, cryptocurrency traders can write-off casualty losses.

Credibility and Consumer Trust

Cryptocurrencyconsulting relies on consumer trustand recurring purchases. Credibility plays a key role increating and maintaining any business.

Businesses that form LLCsgain a level of consumer trust andcredibilitysimply by forming an LLC.

Northwest will start an LLC for you for just $29 (plus state fees).

How to Form an LLC

Forming an LLC is easy. There are two options for forming your LLC:

  • You canhire a trustedLLC formation serviceto set up your LLC (for a small fee)
  • Or, choose your state from the list below to start an LLC yourself

Select Your State

  • Alabama LLC
  • Alaska LLC
  • Arizona LLC
  • Arkansas LLC
  • California LLC
  • Colorado LLC
  • Connecticut LLC
  • Delaware LLC
  • Florida LLC
  • Georgia LLC
  • Hawaii LLC
  • Idaho LLC
  • Illinois LLC
  • Indiana LLC
  • Iowa LLC
  • Kansas LLC
  • Kentucky LLC
  • Louisiana LLC
  • Maine LLC
  • Maryland LLC
  • Massachusetts LLC
  • Michigan LLC
  • Minnesota LLC
  • Mississippi LLC
  • Missouri LLC
  • Montana LLC
  • Nebraska LLC
  • Nevada LLC
  • New Hampshire LLC
  • New Jersey LLC
  • New Mexico LLC
  • New York LLC
  • North Carolina LLC
  • North Dakota LLC
  • Ohio LLC
  • Oklahoma LLC
  • Oregon LLC
  • Pennsylvania LLC
  • Rhode Island LLC
  • South Carolina LLC
  • South Dakota LLC
  • Tennessee LLC
  • Texas LLC
  • Utah LLC
  • Vermont LLC
  • Virginia LLC
  • Washington LLC
  • Washington D.C. LLC
  • West Virginia LLC
  • Wisconsin LLC
  • Wyoming LLC

For most new business owners, the best state to form an LLC in is the state where you live and where you plan to conduct your business.

Do LLCs Need Insurance?

Yes, all businesses need insurance to protect their commercial properties and finances against theft or accidents. Cryptocurrency businesses, for example, need business insurance because they are highly susceptible to hackers and scammers that can bankrupt the business. While LLCs protect your personal assets, business insurance ensures your business assets are also protected against situations like this.

Common Situations Business Insurance May Cover for a Cryptocurrency Business

Example 1: An employee accidentally collides with a potential client in your office, causing him to fall and break a wrist. The client demands you pay for his medical treatment. General liability insurance would cover the client’s medical bills.

Example 2: While moving some heavy computer equipment into your office from the parking lot, an employee loses control of the dolly, and it hits a client’s car. General liability insurance would cover the vehicle repair costs as well as any legal fees in the event of a lawsuit.

Example 3: Another company claims your new business logo is similar to their existing logo and sues. General liability insurance would pay for your legal fees as well as any damages awarded in a settlement.

Other Types of Coverage Cryptocurrency Businesses Need

While general liability is the most important type of insurance to have, there are several other forms of coverage you should be aware of. Below are some other types of insurance all cryptocurrency businesses should obtain:

Commercial Property Insurance

You’ve made major investments in the computer equipment and software needed to run your business. If you own the building in which you operate, you’re responsible for all business-related property housed there in the event of a fire or other natural disaster. Commercial property insurance would cover the cost of replacing your lost equipment and other business materials after an accident so you can recover quickly.

Professional Liability Insurance

While you strive to help your clients achieve their investment goals, the cryptocurrency market poses a certain level of risk. If a client decides your advice or services injured them and files a lawsuit, professional liability insurance would cover your legal fees as well as any damages awarded in a settlement.

Workers’ Compensation Insurance

Most states require businesses to carry workers’ compensation insurance for their part-time and full-time employees. This coverage protects your employees if they become injured at work or fall ill after a work-related accident. It not only covers an employee’s medical bills and lost wages if they need time to recover but also any disability benefits stemming from a work-related accident.

Commercial Umbrella Insurance

While your general liability insurance policy covers most claims, some accidents or lawsuits may be so catastrophic that they threaten to exhaust the limits of your primary coverage. Commercial umbrella insurance protects you from paying out-of-pocket for any legal fees and awarded damages that exceed your primary policy.

Should I Start an LLC FAQ

The better business structure depends on your business’s unique circ*mstances and needs. However, unless your business is low profit and low risk, an LLC is likely the better option.

At a minimum, you will need general liability insurance and workers' compensation insurance.

Read our Business Insurance article for more info.

It does not cost much to start up a cryptocurrency business; rather, talent and time are highly required. If you are proficient in C++, you can establish a new cryptocurrency without a financial plan, as the necessary open-source core code is freely available on Github.

Visit our How to Start a Cryptocurrency Business guide to learn more about the costs of starting and maintaining this business.

Ongoing expenses are minimal and consist primarily of time and electricity. For consultants, there will be additional costs associated with streaming and marketing.

Learn more about running acryptocurrencybusiness.

Cryptocurrencies currently make most of their money through initial coin offerings (ICOs). These are similar to initial public offerings (IPOs) of stocks. Other cryptocurrency businesses make money by selling rigs or consulting online.

Learn more about starting a cryptocurrency business.

The market for cryptocurrency has very good growth potential. Numerous reports indicate that the global cryptocurrency market could reach over $1 billion within the next decade.

Learn more aboutstarting a cryptocurrency business.

Related Articles

ZenBusiness LLC Services Review

How Do I Pay Myself From My LLC?

Choosing a Business Structure

Do I Need an LLC for My Cryptocurrency Business? | TRUiC (2024)

FAQs

Should I make an LLC for crypto? ›

As a crypto trader or crypto business you may want to consider an LLC or other corporate structure to streamline taxes and protect assets. While they don't always help save on taxes, they can help keep personal and business assets separate, assign ownership to multiple parties, and protect owners' personal assets.

Do I need an LLC to mine crypto? ›

No, you don't need an LLC to mine crypto, but having one can offer benefits. A crypto mining business structured as an LLC enables you to deduct business expenses and potentially reduces self-employment taxes.

Do you need a license to manage crypto? ›

Companies that facilitate the transfer of cryptocurrencies or their conversion between digital and fiat currencies are required to hold a money transmitter license. This regulatory approval is important for adhering to anti-money laundering (AML) and counter-terrorism financing (CTF) standards.

What is needed to start a cryptocurrency company? ›

Attain funding for venture.

This includes the cost of technology, hosting, some initial legal counsel, government registration and initial advertising. While not all funds are required up front, it is important to ensure the venture has access to enough capital to allow a proper runway.

What is the best state to register a crypto LLC? ›

Wyoming is the leading state for the cryptocurrency industry, with a friendly regulatory system designed to attract worldwide crypto-businesses.

Is Coinbase an LLC? ›

Coinbase Custody Trust Company, LLC is a limited liability trust company chartered by the New York Department of Financial Services.

Does crypto mining count as a business? ›

The IRS views Bitcoin mining or cryptocurrency mining as a taxable activity. Each time you receive a mining reward, you have taxable income to report. To calculate the amount of income in USD, you'll have to find the coin's fair market value at the time it was mined.

Is my crypto mining a hobby or business? ›

As a mining hobbyist, you should report your rewards from crypto mining as income on Schedule 1 of your US Individual Income Tax Return (Form 1040). If you are mining crypto as a sole proprietor or single-member LLC, you'd need to report that as business income on Schedule C.

What license do I need to sell cryptocurrency? ›

The Series Seven and the series three make up “the big two” licenses any cryptocurrency trader and adviser should obtain. Many crypto assets are expected to be labeled investment contracts, aka securities. This means these crypto will be regulated by the SEC.

Do I need a license to buy and sell cryptocurrency? ›

Under the Law, unless exempted, businesses must obtain a license and comply with various prudential requirements, recordkeeping rules, and disclosure requirements to engage in (or hold themselves out as engaging in) “digital financial asset business activity” with or on behalf of a California resident (as defined).

How do I get a cryptocurrency license? ›

As a rule, to obtain a crypto license, it is necessary to submit several documents, such as a business plan, a description of services offered, information on the project team, financial statements, etc. Open a corporate account (in most cases, with a bank of the selected jurisdiction)

How much does it cost to start a crypto company? ›

The cost of building a crypto exchange will falls between $100,000 and $350,000 and its vary depending on various factors, development methods and the scope of the project. However, Let us see the startup's most preferable methods, often used to build a crypto exchange.

How much does it cost to start a crypto business? ›

The cost of building a cryptocurrency exchange can vary depending on various factors and the scale of the project. Generally, the cost range falls between $200,000 and $600,000. However, it's important to note that this estimate can vary based on specific requirements and the desired level of customization.

How much does it cost to start your own crypto? ›

The average cost of developing a cryptocurrency may range between $38k and $91k. The cost of building a cryptocurrency with medium complexity features may range from $50k to $120k. The cost of building feature-rich coins may range from $121k to $211k.

Is it better to invest through an LLC? ›

The management flexibility, tax benefits and protection of personal assets offered by LLCs make it a great vehicle for investment opportunities. Since there can be more than one member, it's often the business entity of choice when multiple people are looking to invest in something as a group.

Can you mine crypto under an LLC? ›

Beyond liability protection, forming an LLC for your crypto mining business can unlock a world of tax benefits. The LLC structure allows for potential tax efficiencies, such as pass-through taxation, which circumvents tax payments at the entity level, leading to potential reduction in overall tax obligations.

Should I start an LLC for trading? ›

One of the most popular options for day traders is the limited liability company, or LLC model. While there are some minor drawbacks, including some negligible LLC annual fees, this is ultimately a highly beneficial approach for anyone interested in trading stocks for their vocation.

Is your money safe in an LLC? ›

The owners' personal assets, such as cars, homes, and bank accounts, are safe. An LLC owner only risks the amount of money he or she has invested in the business.

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