What’s up, hustlers? If you’re starting your photo booth business or finally getting serious about protecting your assets, it’s time to form that LLC.
An LLC (Limited Liability Company) isn’t just some fancy status—it’s the legal and financial backbone of your business. It gives you real protection, cleaner books, and a foundation that scales with you as you grow from solo gigs to a full-on brand.
Here’s how I did it—and how you can, step by step, no matter what state you’re in.
Why Form an LLC?
The LLC creates a legal wall between your personal and business lives. If something goes wrong (gear breaks, someone gets hurt, you get sued – for instance, falling off your 360 booth and breaking an ankle…or worse), your personal assets—your house, your savings, your car—are protected.
And if you plan to do real business with venues, clients, or other vendors, they’re going to take you more seriously if your business has legit structure behind it. And you’ll be happy you did if anything goes wrong.
What You’ll Need to Get Started
- A unique business name
- A physical address for your Registered Agent (can be you or a service)
- An Operating Agreement (recommended even if your state doesn’t require it)
- Money for state filing fees generally at or under $300
- A few key documents for your business bank account (Articles of Organization, EIN, and Operating Agreement)
Step-by-Step: How I Formed My LLC
1. Choose and Clear Your Business Name
It’s gotta be unique in your state and include “LLC” or a variation. You can search your state’s business name availability using the
NASS state business search directory.
I also recommend checking for trademarks just in case someone already owns the name nationally:
USPTO trademark search. Better to be able to secure a trademark early on, or at least guarantee you won’t be infringing on someone else’s trademark.
My tip? Don’t limit yourself with names like “Matt’s 360 Spinner LLC” if you plan to expand into other offerings like glam, roaming, or corporate events later. A lot of states let you run with whatever DBA name you want (Doing Business As), but your LLC is likely to still be used on legal docs. So on theme is good, just not too specific.
2. Choose a Registered Agent
This is the person (or company) who receives official mail, legal docs, or tax notices on behalf of your LLC. You can be your own Registered Agent if your state allows, but a lot of us use a professional service to keep our personal addresses off public records. If you don’t have a lawyer, don’t stress it. Just put your info down for now.
3. File Your Articles of Organization
This is where your LLC becomes official. Go to your state’s portal via
USA.gov’s state business directory, find your state, and file online.
You’ll need:
- Business name and address
- Registered Agent’s info
- Management structure (most of us are member-managed)
Once it’s filed, save a copy of your confirmation and Articles of Organization. You’ll need them to open your business bank account. –Also a necessity. When operating as an LLC you have additional legal protection, but only if you operate like a business and keep things separated from personal.
4. Create Your Operating Agreement
Even if your state doesn’t require this document, just make one. I recommend asking ChatGPT for this, just tell it to create a doc for your state and llc name that covers:
- Who owns what
- How you’ll run the business
- What happens if someone wants out
- Profit splits, voting rules, etc.
If you’re a solo operator, keep it simple. If you’ve got partners—get it reviewed by a lawyer.
5. Get Your EIN (Free and Fast)
This is your business’s federal tax ID. You need it for:
- Opening a bank account
- Hiring people
- Filing taxes
Get it for free at the
IRS EIN application page.
Prefer paper? Download the
IRS Form SS-4 (PDF).
6. Register for State Sales Tax (If Required)
If you’re selling physical items like photo prints or offering taxable services, you’ll likely need a sales tax ID. Even if you are just offering digital photos, most states now require taxation on these services as it’s a ‘product rendered’ one way or another. Consult with your tax attorney for specifics. Each state has its own name for it—seller’s permit, sales tax license, etc.
You can find your state’s tax department via
USA.gov — State Taxes.
Heads up: If you do events across state lines, you might need to register in multiple states depending on what’s called a reciprocity agreement and Nexus. Definitely talk to a CPA early in that case.
7. File Your BOI Report (New Requirement)
Almost all new LLCs are now required to file a Beneficial Ownership Information (BOI) report with FinCEN.
It’s quick, free, and required within 30 days of formation (if you’re a new LLC).
File yours here:
FinCEN BOI Filing Portal
8. Open a Business Bank Account
To stay protected and make your accounting cleaner, open a business-only bank account. Bring:
- Articles of Organization
- EIN confirmation
- Operating Agreement
- Your ID
Don’t skip this. Mixing personal and business funds is how you lose your liability protection in a lawsuit. All that protection you were promised goes out the window if you can’t prove your business and personal are truly separate entities.
FYI since you’ll likely need to buy some business expenses at some point, I recommend finding a bank with a signup offer and free checking. I scored $5k cash back on my business with necessary spending in the first 90 days. There are plenty of offers out there, just search online or checkout NerdWallet.
9. Get Insured
At the bare minimum, I recommend:
- General liability – covers accidents, injuries, or damages
- Equipment coverage – covers your booths, cameras, iPads, etc.
- Professional liability – if you offer creative or production services
Also, many venues now require a Certificate of Insurance (COI) before they’ll book you. So, this may not even be optional. For GL (general liability) go with at least a $1mil plan, $2m if you can afford it. Also venues typically require proof of workers comp if you have anyone other than yourself onsite (as an owner it’s usually not required). Just a heads up.
10. Finalize Your Contracts & Policies
You’ll want a solid event agreement that includes:
- What’s included, arrival/load-out times
- Power/internet needs
- Overtime and cancellation/refund terms
- Photo usage rights (who owns what)
- How you handle guest data (emails, images, texts)
Bonus: If you work with corporate clients, having your EIN on your invoices makes it easy for them to issue 1099s or set you up as a vendor.
Good news, I’ve got you covered here with the same contracts we use for our own events. Check them out here.
11. Stay Compliant
The work doesn’t stop after formation. Make sure you:
- File your annual reports and taxes
- Keep your Registered Agent info up-to-date
- File state sales/use taxes (generally monthly until a minimum and frequency is established)
- Keep an eye on BOI changes (and re-file if needed)
If you’re growing and your profits are climbing, talk to your CPA about electing S-Corp status to reduce self-employment taxes. I generally only recommend this if you’ve passed the $200k mark, but everyone’s situation is different. To do this you file IRS Form 2553.
Quick Checklist
- ☐ Check name availability: state search
- ☐ Run a trademark search: USPTO
- ☐ Appoint a Registered Agent
- ☐ File Articles of Organization: state portal
- ☐ Create Operating Agreement
- ☐ Get an EIN: IRS app
- ☐ Register for sales tax: tax portal
- ☐ File BOI: FinCEN
- ☐ Open a business bank account
- ☐ Get business insurance
- ☐ Draft client contracts and data policies
- ☐ Add compliance reminders to your calendar
FAQs
Do I need multiple LLCs for multiple booths?
Nope. One LLC can own multiple booths. Just track them properly and talk to your CPA if you ever want to divide ownership or liability.
Can I file in a cheap state like Wyoming or Delaware?
You can… but you’ll still need to register (and pay) in the state where you actually operate. For most of us, filing where you live and work is the simplest. Unless you are running a $10m operation, probably not worth the headache.
When should I switch to S-Corp status?
When your profit starts climbing and self-employment tax becomes painful. I recommend $200k minimum, and even then, it depends on your net profits. Let your CPA run the numbers. If it makes sense, they will file Form 2553.
Starting your LLC isn’t as complicated as people make it seem, but doing it right from the beginning will save you so much time and money down the road. Especially if you ever have the unfortune of being involved in an accident involving guests and your equipment.
