How to Create an LLC for Crypto Investments

In a world where digital currencies are gaining more and more popularity, investing in cryptocurrencies has become an attractive option for many.

However, navigating the legalities and complexities of this industry while protecting their assets has been a challenge for many retail and institutional investors. 

When it comes to investing in cryptocurrencies, limited liability companies (LLCs) are a popular option for organizing their investments.

An LLC is a business structure that combines a corporation’s and partnership’s benefits, providing personal liability protection for its owners while allowing for flexibility in management and taxation.

In this blog post, we will explore the benefits of forming an LLC for crypto investments and guide you through setting one up.

Don’t miss out on maximizing your profits while minimizing risks – let’s dive into the world of LLCs for crypto investments!

Why Create an LLC for Your Crypto Investments?

Why Create an LLC for Your Crypto Investments

The major advantage of forming an LLC for your crypto investments is the option of pooling resources with other members, allowing for larger and potentially more profitable investments.

This can be especially beneficial in the volatile world of cryptocurrency, where large sums of money are often needed to make significant gains.

As a separate legal entity from its owners, an LLC offers limited liability protection to its members. This means that if any legal action were to arise against the LLC, only the assets belonging to the company would be at risk.

With the volatile nature of cryptocurrency markets and the potential risks, this protection layer can bring investors peace of mind.

In addition, by forming an LLC for your crypto investments, you are also separating your personal and business finances. This can help keep track of profits and losses and simplify tax filings.

Since all transactions related to your crypto investments will go through the LLC’s account, keeping records and accurately reporting them during tax season will be easier.

As an LLC, you can utilize tax write-offs for hacks and scams, which is common in crypto investments.

You can also use the excess losses to offset previous years’ gains. Furthermore, having an LLC for crypto investments allows for greater privacy than trading under one’s name.

Anonymity is one of the core principles of cryptocurrency, and an LLC can add another layer of protection for those who value their privacy.

Steps to Creating an LLC for Cryptocurrency Investments

Steps to Creating an LLC for Cryptocurrency Investments

Creating an LLC (Limited Liability Company) for cryptocurrency investments can offer several advantages, such as personal asset protection and tax benefits. However, the process requires thorough research, proper planning, and adherence to legal procedures.

To ensure a smooth and efficient creation of your LLC for crypto investments, here are some steps that you can follow:

Step 1: Choose a Business Name 

The first step in creating an LLC is to choose a unique name for your business. Your business name will be the first impression potential clients and investors have of your company. It’s important to note that the name must comply with state laws and should not be similar to any existing businesses in your state. 

You may also need to check the GoDaddy domain register to see if the desired domain name for your business website is available. It’s also important to ensure that your chosen name is not already trademarked by another company.

You should also do a thorough search on the US Patent and Trademark Office website to prevent any legal issues.

Additionally, including keywords related to cryptocurrency in your business name can help with SEO (Search Engine Optimization) efforts.

This means that when someone searches for terms related to crypto investments, they are more likely to come across your website if those keywords are included in your business name.

Step 2: Determine the State of the Formation 

An LLC can be formed in any state within the US, but it’s recommended to form it in the state where you will conduct most of your business operations or reside. Each state has its own rules and regulations regarding LLC formation, so it’s crucial to research and understand them before proceeding.

Based on various factors such as tax benefits, regulatory environment, and availability of resources, Delaware has consistently been ranked as the best state to form an LLC for crypto investments.

This small East Coast state is known for its business-friendly climate, with over 1 million businesses registered in Delaware, including many major corporations.

Unlike many states with high corporate income tax rates or requiring businesses to pay taxes on their gross receipts, Delaware does not impose any sales or personal property taxes.

Your LLC will only be subject to a flat-rate franchise tax based on the number of authorized shares rather than profits or revenue generated from your crypto investments.

Another factor that makes Delaware a top choice for LLCs focused on crypto investments is its flexible business laws and efficient legal system. The state offers specialized courts, such as the Court of Chancery, which solely focuses on corporate law matters.

This allows for quick resolutions to disputes and protects investors’ interests.

Delaware’s regulatory environment towards cryptocurrency is relatively relaxed compared to other states. It was one of the first states to pass legislation addressing digital assets and blockchain technology in 2017.

This provides clarity and legal protection for businesses operating within this industry.

Step 3: Register Your LLC

Once you’ve chosen a state, you’ll need to file articles of organization with the appropriate government agency. These articles must be filed with the Secretary of State or relevant governing body in the chosen state. The filing fee varies by state but typically ranges from $50-$300.

They typically include information such as your LLC’s name and address, purpose, and Registered Agent (the person or company designated to receive legal documents on behalf of the LLC).

Some states allow members/managers to act as their own registered agents, while others require hiring a professional service provider.

After filing articles of organization, most states also require that you publish notice of your new LLC formation in local newspapers or other publications.

This notice must run for a certain period of time (usually 4-6 weeks) and serves as public notification that your business has been formed.

Although not mandatory in all states, you should create an operating agreement. This crucial document outlines the ownership structure, rights and responsibilities of members/managers, profit distribution plans, etc.

This agreement serves as a roadmap for managing the LLC and resolving any disputes that may arise in the future.

Step 4: Obtain an EIN (Employer Identification Number)

The first question that may come to mind is whether you need an EIN for my LLC. The short answer is yes. Even if you are a single-member LLC, having an EIN can provide numerous benefits. It allows you to easily separate your personal and business finances, build business credit, hire employees, and file taxes.

The most convenient way to apply for an EIN is through the Internal Revenue Service (IRS) online application portal.

Alternatively, you can apply by mail or fax by filling out Form SS-4. It will require your name, address, Social Security Number or Individual Taxpayer Identification Number (ITIN), business structure/type of entity, reason for applying (such as starting a new business), and contact information.

Once submitted, you will receive your EIN immediately on confirmation of successful submission.

If there are any errors or missing information in your application, it may take up to two weeks to receive your EIN. When you receive your EIN, you can move to the next crucial step of your journey. 

Step 5: Set up a Business Bank Account

As an LLC, you are essentially creating a separate legal entity from yourself as an individual. This means that all financial transactions related to your crypto investments should be done through the LLC’s bank account rather than your personal one.

The first step in setting up a business bank account is choosing the right bank for your crypto startup. Before deciding, it is important to research different banks and compare their fees, services, and features.

You may also want to consider working with a bank that offers more flexibility in fees and requirements for small businesses.

Once you have chosen a bank, you must gather the necessary documents to open the account.

This typically includes the LLC’s formation documents (Articles of Organization), EIN, and any other relevant paperwork required by the specific bank.

Some banks may also require proof of address or identification for each member of the LLC.

After successfully opening and funding your business bank account, keeping personal finances separate from the LLCs is essential. This means avoiding using personal funds for any business-related expenses and vice versa.

This helps in record-keeping, establishing credibility with potential investors, and maintaining proper financial records.

Tax Implications of Crypto Investment LLCs

As a business entity, an LLC has its own separate tax structure and can provide certain advantages when reporting and paying taxes on your cryptocurrency assets.

By default, all profits and losses from the business will pass through to the owner’s personal tax returns.

This can benefit crypto investors as any gains or losses from their investments can offset against other income and potentially lower their overall tax liability.

However, you also have the option to elect for your LLC to be taxed as a corporation. This may be more advantageous if you have substantial crypto holdings or plan on using your LLC for other business purposes besides investing in cryptocurrency.

It could also provide additional liability protection as corporate shareholders are not personally liable for the company’s debts.

Another important aspect is how capital gains are treated within an LLC structure.

When you sell or exchange cryptocurrency, any gains realized are typically subject to capital gains tax at either short-term or long-term rates, depending on how long you hold the asset.

However, if your LLC is classified as a partnership or S Corporation, then each individual member’s share of profits will flow through to their individual tax returns and be taxed at their personal rate.

This can be especially beneficial when one partner has significant capital losses that can offset another partner’s capital gains.

Proper record-keeping and reporting of all cryptocurrency transactions is still crucial for ensuring compliance with tax laws.

The IRS has been cracking down on undeclared crypto investments, and it’s essential to keep accurate records of all gains, losses, and transactions within your LLC.

Grow Your Crypto Investments With doola

When to Choose doola

Now that we’ve established the advantages of forming an LLC for crypto investments, let’s look at how doola can help you grow those investments. With doola’s LLC formation services, creating an LLC for your crypto investments has never been easier. 

We handle everything for you, from filing Articles of Organization to guiding you through all the necessary steps for opening a business bank account.

We create a customized Operating Agreement tailored to your needs, outlining ownership interests, profit-sharing arrangements, decision-making processes, and more.

Our Total Compliance Package ensures that all tax obligations and legal requirements are met, giving you peace of mind.

By keeping track of capital gains or losses from cryptocurrency transactions, including buying, selling, trading, and holding, you can calculate and file taxes at the click of a button.

Book a consultation with our experts to learn about tax laws and regulations related to cryptocurrency investments and how to navigate them easily.

doola's website is for general information purposes only and doesn't provide official law or tax advice. For tax or legal advice we are happy to connect you to a professional in our network! Please see our terms and privacy policy. Thank you and please don't hesitate to reach out with any questions.

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