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How do I structure my LLC?
Reviewed by Editorial Team

Most food trucks operate as a single-member LLC because it gives liability protection without corporate complexity. File articles of organization with your state secretary of state — fees $50-$500 depending on state. Name a registered agent. Write an operating agreement even if solo. Get an EIN at irs.gov. Open a dedicated business checking account and never co-mingle funds — co-mingling is the fastest way to lose liability protection in a lawsuit. By default a single-member LLC is taxed as a sole proprietor (Schedule C). Once net profit reliably clears the IRS reasonable-salary threshold (typically $40,000-$60,000), an S-corp election (Form 2553) can reduce self-employment tax. Do not elect S-corp prematurely; payroll cost and CPA fees can eat the savings. A licensed CPA or attorney in your state should review your specific situation.

Common mistakes
  • Using a personal bank account "just until things pick up". It destroys liability protection.
  • Filing S-corp election in year one before you know the profit picture.
  • Skipping the operating agreement because you are solo today.
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