Will my current employer find out if I have a sole proprietarship/corporation?
Tell your employer during your initial contract Terms of Service discussions.  Ordinarily, this is boilerplate but you should ask for a rider in your contract which says - in some form - I already have IP, I will continue to work on this IP in my own time, and any benefit or opportunity derived from this IP will continue to be entirely mine. I requested exactly such a rider when I took up a new job just over a year ago and my employer was extremely accommodating.  That I already had a company in which that IP could reside actually made the process easier. As @JohnFX has already mentioned, not telling your employer is both unethical as well as storing up potential legal hassles for you in the futre. I can see why you'd be reluctant to tell them, but I think you need to be open and honest with them about what you're doing and where you see it going.   If the roles were reversed, what would you want your employee to do in this situation?  If it were me, I'd be much happier to be told up front than to find out some other way later.  If I found out later, I'd feel somewhat betrayed and angry. With the Internet, it seems unlikely that they wouldn't find out eventually, so I think being up front about it is your best option. I also suggest you have a backup plan in case they say no.  Perhaps you'd need to find another full-time job that is more tolerant (or even encouraging) of side businesses. I would have thought that if you are doing it in your own time using your own resources it really has nothing to do with your current employer, so there is really no need at all to keep it from them. By being open and transperant you might even get some business from your work mates. Some governments offer business information search for corporations in their jurisdiction.  The search results may show the director information for the company.  If this information is made publicly available, keep in mind there are websites that make money from indexing publicly available information to show in Google search results. I don't mean to scare you as this is a likely a slim possibility. It really depends on the privacy practices in place at the jurisdiction you're in. But do keep in mind if you're planning on doing business on the side for a few years policies may change. I would call Service Ontario (or whichever province you're incorporating in) or Corporations Canada if federally incorporating and ask them if they offer a business search service and exactly what information they make public. You might be able to reach a Privacy Officer and find out what exactly their policy is.
"LLC is, as far as I know, just a US thing, so I'm assuming that you are in the USA. Update for clarification: other countries do have similar concepts, but I'm not aware of any country that uses the term LLC, nor any other country that uses the single-member LLC that is disregarded for income tax purposes that I'm referring to here (and that I assume the recruiter also was talking about). Further, LLCs vary by state. I only have experience with California, so some things may not apply the same way elsewhere. Also, if you are located in one state but the client is elsewhere, things can get more complex. First, let's get one thing out of the way: do you want to be a contractor, or an employee? Both have advantage, and especially in the higher-income areas, contractor can be more beneficial for you. Make sure that if you are a contractor, your rate must be considerably higher than as employee, to make up for the benefits you give up, as well as the FICA taxes and your expense of maintaining an LLC (in California, it costs at least $800/year, plus legal advice, accounting, and various other fees etc.). On the other hand, oftentimes, the benefits as an employee aren't actually worth all that much when you are in high income brackets. Do pay attention to health insurance - that may be a valuable benefit, or it may have such high deductibles that you would be better off getting your own or paying the penalty for going uninsured. Instead of a 401(k), you can set up an IRA (update or various other options), and you can also replace all the other benefits. If you decide that being an employee is the way to go, stop here. If you decide that being a contractor is a better deal for you, then it is indeed a good idea to set up an LLC. You actually have three fundamental options: work as an individual (the legal term is ""sole proprietorship""), form a single-member LLC disregarded for income tax purposes, or various other forms of incorporation. Of these, I would argue that the single-member LLC combines the best of both worlds: taxation is almost the same as for sole proprietorship, the paperwork is minimal (a lot less than any other form of incorporation), but it provides many of the main benefits of incorporating. There are several advantages. First, as others have already pointed out, the IRS and Department of Labor scrutinize contractor relationships carefully, because of companies that abused this status on a massive scale (Uber and now-defunct Homejoy, for instance, but also FedEx and other old-economy companies). One of the 20 criteria they use is whether you are incorporated or not. Basically, it adds to your legal credibility as a contractor. Another benefit is legal protection. If your client (or somebody else) sues ""you"", they can usually only sue the legal entity they are doing business with. Which is the LLC. Your personal assets are safe from judgments. That's why Donald Trump is still a billionaire despite his famous four bankruptcies (which I believe were corporate, not personal, bankrupcies). Update for clarification Some people argue that you are still liable for your personal actions. You should consult with a lawyer about the details, but most business liabilities don't arise from such acts. Another commenter suggested an E&O policy - a very good idea, but not a substitute for an LLC. An LLC does require some minimal paperwork - you need to set up a separate bank account, and you will need a professional accounting system (not an Excel spreadsheet). But if you are a single member LLC, the paperwork is really not a huge deal - you don't need to file a separate federal tax return. Your income will be treated as if it was personal income (the technical term is that the LLC is disregarded for IRS tax purposes). California still does require a separate tax return, but that's only two pages or so, and unless you make a large amount, the tax is always $800. That small amount of paperwork is probably why your recruiter recommended the LLC, rather than other forms of incorporation. So if you want to be a contractor, then it sounds like your recruiter gave you good advice. If you want to be an employee, don't do it. A couple more points, not directly related to the question, but hopefully generally helpful: If you are a contractor (whether as sole proprietor or through an LLC), in most cities you need a business license. Not only that, but you may even need a separate business license in every city you do business (for instance, in the city where your client is located, even if you don't live there). Business licenses can range from ""not needed"" to a few dollars to a few hundred dollars. In some cities, the business license fee may also depend on your income. And finally, one interesting drawback of a disregarded LLC vs. sole proprietorship as a contractor has to do with the W-9 form and your Social Security Number. Generally, when you work for somebody and receive more than $600/year, they need to ask you for your Social Security Number, using form W-9. That is always a bit of a concern because of identity theft. The IRS also recognizes a second number, the EIN (Employer Identification Number). This is basically like an SSN for corporations. You can also apply for one if you are a sole proprietor. This is a HUGE benefit because you can use the EIN in place of your SSN on the W-9. Instant identity theft protection. HOWEVER, if you have a disregarded LLC, the IRS says that you MUST use your SSN; you cannot use your EIN! Update: The source for that information is the W-9 instructions; it specifically only excludes LLCs." "The interesting thing about an FSA is that you have access to your total annual election immediately.  After electing to put $200 per month toward your FSA, you can go have a $1,500 surgery on January 3rd and pay with your FSA funds.  Then you can leave the company on February 1st, and not owe the company anything. I understand that you don't like that this is the answer, but it is.  The employer is on the hook for the full elected liability of an FSA plan as of the first day of the plan year.  The employer is also paying admin costs that aren't passed to the employees.  You contest that this arrangement could leave current employees picking up the bag for departed employees, but there is no employee liability.  FSA plans run at a net cost the the employer (I'm sure there are outlier exceptions however). I disagree with your premise that  ""Employees generally dislike that FSA plans are Use-it-or-Lose-it, and also that there appears to be an obvious alternative that would be preferable [...] The employees that dislike the rules of FSA accounts don't fully understand the nuances and surely assume that FSA is a synonym for HSA.  Tons of employers offer their employees FSA plans and they are very well received.  You can fill full prescriptions off of a debit card on the third day of the year before you've even contributed anything. HSAs are great (I have one), but they require enrollment in a HDHP and you can only spend the funds currently available in your account.  These are two huge limitations addressed by FSA plans.  You can have a $0 deductible platinum plan with a $2,000 out of pocket max and an FSA debit card for virtually tax free healthcare.  The caveat being if you don't use your full FSA election you give it up. In fact, my biggest gripe with the FSA/HSA discussion is that anyone feels the need to claim that ""HSA funds don't expire at the end of a plan year"" as though it's something other than a personal savings account.  An FSA is a spending account (or arrangement) which is an entirely different animal.  It would be like claiming that IRA funds don't expire, as though they might somehow." "I wish I was in your shoes with the knowledge I have in my head. financial goal setting is a great plan at your age. In my humble opinion you don't want to save for anything... you want to invest as much as you can, create a corporation and have the corporation invest as much as possible. When there is enough monthly cash flow coming from your investments... have the corporation buy you a house, a car, take out an insurance policy on you as key employee... etc.  As for the $11,000 laying around in cash as an emergency fund, no way! With returns as high as 1-3% per month invested properly keep it invested. Getting to your emergency cash reserve you have in a trading account is only a couple key strokes away. As for the 401k... If it is not making at least 25% yearly for the last 10 years (excluding your Contributions) do it yourself in a self directed IRA.  Oh... I forgot to mention When your corporation buys your stuff... if set up correctly you can take them as a loss in the corporate ledger and you know any loss from one entity can offset profits from another, thus reducing any taxes you may have. My friend you are at the point of great beginnings, hard choices and an open door to what ever you want your future to look like. Decide what you want out of your money and don't take ""NO YOU CAN'T DO THAT"" as an answer. Find someone that will tell you these secrets, they are out there. Good luck." It includes food and me pitching into utilities. I have priced it out and it would be fairly similar, I could save a bit if I didn't have the same diet as my family. Overall though I can't find much else that is largely better for my current income unfortunately. You don't need to notify the IRS of new members, the IRS doesn't care (at this stage). What you do need, if you have a EIN for a single-member LLC, is to request a new EIN since your LLC is now a partnership (a different entity, from IRS perspective). From now on, you'll need to file form 1065 with the IRS in case of business related income, on which you will declare the membership distribution interests on Schedules K-1 for each member. "The biggest problem with this that others seem to have missed is that a corporation must have a profit motive.  Meaning at some point after a ""startup phase"" your company needs to turn a profit to not be considered a hobby. Will your employer be paying your corporation for your salary?  Is that the company's business endeavor?  If you run profits through the company and treat it like a true business, this may be technically possible, but as others have mentioned probably will cost more than any benefits you'd receive.  And at every step you'll be throwing tons of audit flags. Rich Dad Poor Dad advocates a light version of this.  Essentially running a business like Real Estate through an LLC, and then using that LLC for ""business trips"" (vacation with some justifiable business motive) or capital purchases (laptop, etc...) and the like, such that you're paying with ""Pre-tax"" money instead of ""Post tax"", but again the business needs a revenue source." "According to IRS Publication 1635, Understanding your EIN (PDF), under ""What is an EIN?"" on page 2: Caution: An EIN is for use in connection with your business activities only. Do not use your EIN in place of your social security number (SSN). As you say your EIN is for your business as a sole proprietor, I would also refer to Publication 334, Tax Guide for Small Business, under ""Identification Numbers"": Social security number (SSN).   Generally, use your SSN as your taxpayer identification number. You must put this number on each of your individual income tax forms, such as Form 1040 and its schedules.  Employer identification number (EIN).   You must also have an EIN to use as a taxpayer identification number if you do either of the following. Pay wages to one or more employees. File pension or excise tax returns. If you must have an EIN, include it along with your SSN on your Schedule C or C-EZ as instructed.  While I can't point to anything specifically about bank accounts, in general the guidance I see is that your SSN is used for your personal stuff, and you have an EIN for use in your business where needed. You may be able to open a bank account listing the EIN as the taxpayer identification number on the account. I don't believe there's a legal distinction between what makes something a ""business"" account or not, though a bank may have different account offerings for different purposes, and only offer some of them to entities rather than individuals. If you want to have a separate account for your business transactions, you may want them to open it in the name of your business and they may allow you to use your EIN on it. Whether you can do this for one of their ""personal"" account offerings would be up to the bank. I don't see any particular advantages to using your EIN on a bank account for an individual, though, and I could see it causing a bit of confusion with the bank if you're trying to do so in a way that isn't one of their ""normal"" account types for a business. As a sole proprietor, there really isn't any distinction between you and your business. Any interest income is taxable to you in the same way. But I don't think there's anything stopping you legally other than perhaps your particular bank's policy on such things. I would suggest contacting your bank (or trying several banks) to get more information on what account offerings they have available and what would best fit you and your business's needs." If you or she can't answer this or don't have access to someone who can, then I fear for the business.  That said, it really depends on where you are and how your business is incirporared, but I can't think of any law prohibiting it where I am. I was an employee of my dad's business as soon as I was legal.