Setting Up the Business Side
This stage is general information, not legal, tax or financial advice. The rules depend entirely on where you live, and they change. Terms like LLC and EIN below are from the United States; most countries have their own equivalents under different names. When real money or real risk is involved, a professional in your own country is worth what they cost.
With that said — here is what the words mean, because nobody explains them and they sound scarier than they are.
You are already something
The first surprise: if you sell something without setting anything up, you are usually not "nothing". In many places you are automatically a sole trader or sole proprietor — you and the business are the same legal person.
That is simple and cheap, and it has one significant consequence: there is no line between the business's problems and your own. If the business owes money, you owe money.
What a company structure actually does
The main reason people form a company is to draw that line. In the US the common choice for a small software business is an LLC — a limited liability company. Other countries have equivalents (a "Ltd" company in the UK, a "GmbH" in Germany, and so on).
The idea in one sentence: the business becomes its own legal person, so if it gets into trouble, the trouble is generally the company's rather than yours personally.
Two honest limits, because this gets oversold:
- It is not a force field. It generally does not protect you from the consequences of your own wrongdoing, from fraud, or from debts you personally guaranteed.
- It has to be treated as real. If you run business money through your personal account and keep no separation, that protection can be challenged — the business was never really separate. There is even a phrase for it: piercing the corporate veil.
In the US, LLCs are registered with a state, not the federal government, which is why requirements and fees differ depending on where you register.
A tax number
In the US this is an EIN — an Employer Identification Number, issued by the IRS. Despite the name you do not need employees to want one. It is essentially a tax ID for the business, and it is what a bank will ask for when you open a business account.
Two facts worth knowing: it is issued directly by the IRS and costs nothing to obtain from them, and plenty of services will happily charge you to do it on your behalf. Other countries have their own business tax registrations.
A separate bank account
Unglamorous and genuinely important. One account for the business, one for you, and no mixing.
It matters for three reasons: it is what makes the liability separation credible, it turns bookkeeping from an archaeology project into a list, and it makes tax time survivable. This is the single highest-value administrative thing you can do early.
Liability and insurance are different things
People conflate these constantly. A company structure decides who is on the hook. Insurance decides who pays. They solve different problems, and having one does not give you the other.
For software, the kind usually discussed covers claims that your work caused someone a loss — sometimes called professional liability or errors-and-omissions cover. Whether you need it depends on who your customers are and what your software touches. Business customers sometimes require it in a contract before they will sign.
Tax, in the only honest terms available
Specifics here would be worse than useless — rates, thresholds and rules vary by country, by state, and by year. What is stable is the shape:
- Income from the business is taxable, and typically you are expected to set money aside as you go rather than face one bill.
- Sales tax / VAT / GST may apply to what you sell, and for digital products it can depend on where your customer is, not where you are. This is the rule that surprises people selling internationally.
- Records matter. Keep invoices and receipts. This is where the separate bank account pays for itself.
If you sell to people in other countries, ask an accountant early. It is much cheaper than unwinding it later.
The paperwork your app needs
Separate from company structure, and often required once real people use your software:
- Terms of service — the rules for using your product, and the limits of what you promise.
- A privacy policy — what you collect, why, where it is stored, and how someone can have it deleted. Required in many places the moment you collect anything personal, an email address included.
- A way to reach you. A real address someone can use.
Templates exist and are a reasonable starting point, but they are a starting point. A template that describes a business unlike yours is a document that says untrue things about you.
When each of these actually matters
You do not need all of this on day one. Roughly, in order:
- Building and giving it away free: a privacy policy if you collect anything at all. That is largely it.
- Taking your first money: now the separate account, records, and terms of service earn their keep. Many people form the company at this point.
- Signing with a business customer, or handling anything sensitive: this is where a company structure, insurance and a real conversation with a professional stop being optional.
- Employing anyone, or selling the business: well past the point of doing it alone.
The failure mode is not usually setting up too late — it is taking money for a year while mixing it with your grocery shopping, then trying to reconstruct what happened.
Your turn
No forms to file. Answer three things in writing:
- Am I collecting any personal data yet? (An email signup counts.) If yes, a privacy policy is your next task.
- Will I take money in the next few months? If yes, a separate account is the first move.
- What is the worst realistic thing my software could cost someone? That answer, more than anything else, tells you how much of this section applies to you.
The next stage is the wider readiness checklist — what someone checks before they trust, or buy, what you built.
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