Selling online without an LLC: what you need to know

Let's be honest: in the United States, many people start selling as a sole proprietor, but if you sell regularly and for profit there are usually tax and licensing obligations, and the rules vary by state and city. One-off or occasional sales have their nuances, but every case is different and we don't provide tax or legal advice here: for your specific situation, check with an accountant or adviser. What we do do at Zenith is build your store meeting the legal requirements of the website (privacy policy, terms of sale and returns), and we build it for FREE.

Can you sell online without an LLC?

It's the question we get asked most, and the honest answer is: it depends on how you sell. The first thing to be clear about is that the business structure (sole proprietor vs. LLC) is a different matter from your tax obligations and from any local licenses or permits. They aren't the same thing and they don't always go hand in hand.

The general theme is regularity: if you sell on an ongoing basis and with the intention of making money from it, that activity is generally treated as a business, which usually comes with reporting income and, depending on your state and city, sales tax, business licenses or permits. A one-off, isolated sale —getting rid of used belongings, a single sale— sits in a different territory with its own nuances.

And here's the important thing we absolutely have to tell you: we're not tax advisers or attorneys, and the line between "one-off" and "regular" isn't always obvious. Every business has its own context, and rules differ from state to state. So, before you start selling, talk to an accountant or attorney who can look at your specific case. It's a cheap step that saves you big headaches.

Sole proprietor vs. LLC: two different things

To give you a sense of the general picture (again: for guidance, not advice), this is the basic difference between the structures and obligations that come into play when you sell online in the U.S.

ItemWhat it covers, broadly speaking
Sole proprietorshipThe simplest setup: you and the business are the same legal entity. Little to no formation paperwork, but no liability separation between you and the business
LLC (limited liability company)A separate legal entity formed with your state that can offer liability protection. More paperwork and fees, often chosen as the business grows
TaxesYou report the income regardless of structure. Sales tax may also apply depending on your state and where your customers are. It's about paying tax, separate from how the business is structured
Licenses and permitsSome cities and states require a business license or permit even for a sole proprietor. Case by case

We won't give you income limits or "tricks" because there's no universal magic number, and because anyone who promises you "sell up to X without reporting anything" is pushing you onto slippery ground. The safe path is to ask a professional and set the business up properly from the start.

What Zenith DOES do: your store, compliant with the law that affects the website

Here's the part where we genuinely are experts and genuinely help you. Your tax and business-structure situation is one thing (that's for your accountant) and it's a very different matter for the website itself to comply with the rules that affect it. That's what we handle, and it's included in the work:

  • Privacy and data protection. Your store collects data (names, emails, shipping addresses), so it needs a properly written privacy policy, consent management and cookie notice.
  • Business contact information. Customers should be able to see who's behind the store and how to get in touch.
  • Terms of sale. The clear rules of the purchase: prices, payment methods, delivery times and what happens if something goes wrong.
  • Returns and refund policy. Online sales call for a clear return and refund policy that the website must reflect.

Important so there are no misunderstandings: we build the website with these texts and mechanisms in place in line with standard practice, but the owner's legal details and the final validation of the terms for your specific case should be reviewed with your adviser. A well-built website, yes; a replacement for your attorney, no.

What do you need to set up an online store? (legal + technical)

So you can see the full picture at a glance, we split it into what's yours (business structure and tax situation, which you handle with your accountant) and what's ours (the website and its compliance). Read it as a checklist.

What you needWhat it isWho handles it
Business structure (if applicable)Sole proprietor or LLC, depending on your situationYou, with your accountant or attorney
Taxes and any licensesReporting income, sales tax, local business licensesYou, with your accountant
Business contact infoShowing who's behind the storeZenith prepares it; you provide the details
Privacy policy and cookiesPrivacy, consent and customer dataZenith
Terms of saleRules of the purchase, payments and deliveriesZenith drafts the baseline
Returns / refundsThe customer's rights in online sellingZenith reflects it in the store
Payment gatewayTaking payment by card, digital wallets or similarZenith integrates it
Domain, SSL and hostingMaking the store exist, run fast and be secureZenith, included in the fee

As you can see, the scary part —the tax side— you sort out with a visit to your accountant. The technical and legal side of the website is handled by us and you don't have to touch a thing.

How do we work on the project at Zenith?

We flip the usual model on its head. Instead of charging you a big quote upfront and disappearing, we do this:

  1. We build it for FREE. You pay nothing for us to set up your store. We start with the work, not with your wallet.
  2. A tailored monthly fee. It includes the domain, SSL and all the technical side, plus ongoing support for ranking on Google and in AI (ChatGPT, Gemini). It's tailored to your store and has an honest minimum of a few months, because doing things properly takes time. The details live on pricing.
  3. No Zenith sales commission. We don't take a cut of what you sell. Your bank's or gateway's commission always exists, in any system, but that one isn't ours.
  4. No empty promises. We don't guarantee a number of sales or customers. What we guarantee is the work: a well-built store, fast, legally careful and supported month after month.

What everyone asks us about selling without an LLC

Can I sell online without forming an LLC?
It depends on how you sell. Many people start as sole proprietors, but selling regularly and for profit usually comes with tax and licensing obligations, and the rules vary by state and city. One-off or occasional sales have their nuances and there's no single rule. Since we don't provide tax or legal advice, for your specific case check with an accountant or adviser: it's the right step before you start.
Is a sole proprietorship the same as an LLC?
No. A sole proprietorship is the simplest setup: you and the business are the same legal entity, with no liability separation. An LLC is a separate legal entity formed with your state that can offer liability protection. They differ in paperwork, taxes and protection. Your accountant or attorney will tell you which one fits your situation.
Is there an income limit for selling without registering a business?
We're not going to give you a number, because there's no universal magic figure and because it depends on the frequency, the volume and the intent of the activity, plus your state and local rules. Anyone who promises you "sell up to X without reporting it" is pushing you onto slippery ground. The safe path is to ask a professional and set the business up properly from the start.
Does Zenith help me register a business or handle my taxes?
No, that's your accountant's or attorney's job and we don't do it. What we do is build your store meeting the legal requirements of the website: privacy policy, terms of sale and returns policy, along with the technical side (domain, SSL, payment gateway).
Which legal requirements of the website do you cover?
We set the store up with a privacy policy and cookie notice, business contact information, terms of sale and a returns policy in line with standard practice. You provide the owner's details and, for the final validation of the texts in your specific case, it's worth having your adviser review them. More context on online stores.
If you build it for FREE, where's the catch?
There's no catch, there's a different model. We don't charge for building it because we earn from the monthly support: maintaining your store and working on its ranking on Google and in AI month after month. The fee includes the domain, SSL and the technical side, and has an honest minimum of a few months because doing things properly takes time.

What if I sell through a marketplace instead of setting up my own store?

A lot of people looking to sell without forming an LLC think the same thing: "if I do it through a marketplace like Amazon, Etsy or a dropshipping store, do I skip the business and tax side?". It's a reasonable question and worth clearing up, because the honest answer saves you a nasty surprise: the channel you sell through doesn't change your tax situation. Selling regularly and for profit is a business, whether you do it from your own website or from someone else's storefront.

Put another way: the marketplace solves the technical side and the traffic for you, but it doesn't exempt you from reporting your income or, depending on your state and city, from sales tax and any required licenses. In fact, these platforms usually ask you for a taxpayer ID so they can pay you and, above certain thresholds, they're required to report their sellers' activity to the IRS. It's not a legal shortcut; it's just another sales channel.

So which do you choose? It's a business decision, not a tax one. The marketplace gives you immediate reach in exchange for higher fees, rules you don't control and a customer who belongs to "the platform", not to you. Your own store costs more to get going in terms of visibility, but the brand, your customers' data and the ranking are yours and build up over time. At Zenith we work on that second route: your store, your domain and your ranking on Google and in AI month after month.

The key point: whatever channel you decide on, your business and tax setup is still your accountant's business. There's no marketplace that saves you from that.

Selling through a marketplace doesn't exempt you from your tax obligations: if the activity is regular, reporting and any licenses still apply just as they do with your own store. The channel changes the fees and the control over your brand, not the law.
General overview for guidance (not tax or legal advice). Always confirm it with your accountant.

Taking payment in the store: gateways, fees and why that's not the hard part

In the table above you already saw that we integrate the payment gateway. Here we get into the detail of how it works, because it's usually the next practical question: "so how do I actually get paid?". A store takes card and digital payment methods through a payment gateway, and in the U.S. it's standard to offer card payments plus digital wallets like Apple Pay and Google Pay so customers can pay however they prefer.

It's worth knowing one thing from the start so you don't get any surprises: every gateway charges a fee per transaction. That's true in any system and with any provider; it's not a cost the website invents. As a reference with a public source, Stripe charges 2.9% + $0.30 per successful card transaction on its standard pricing in the U.S. (rates vary by payment method and volume). Square, PayPal or other gateways have their own rates; it's worth checking the one for the specific provider you use before deciding.

What we do is integrate the gateway into your store and leave the payment flow working, secure (with the SSL included) and with the methods that make sense for your business. You don't wrestle with technical configurations. The only fee that exists is your bank's or gateway's, which you'd pay whoever builds your store; Zenith doesn't add any commission of its own per sale.

Part of taking paymentWhat it means for youWho handles it
Payment gatewayLets you take card and digital payment methodsZenith integrates it into your store
Transaction feeA percentage + a fixed amount per sale, charged by the gateway/bankYour payment provider (not Zenith)
Digital walletsLetting the customer pay with Apple Pay, Google Pay and similarZenith sets it up if it fits
SSL and secure paymentMaking payment data travel encryptedZenith, included in the fee

More frequently asked questions

Does selling on Amazon, Etsy or via dropshipping get me out of the business and tax side?
No. The sales channel doesn't change your tax situation: if you sell regularly and for profit, your obligations to report income and, where applicable, to collect sales tax or hold a license still apply just as they do with your own store. Marketplaces also usually ask for a taxpayer ID so they can pay you. It's not a legal shortcut, it's another channel. For your specific case, ask your accountant.
Is it worth setting up the store if I have to register a business?
That's a business decision that depends on your margins and how much you expect to sell, and we're not going to give you a magic answer or promise you profitability. What we can tell you honestly: the taxes and any licenses or LLC fees are a real cost worth calculating beforehand with your accountant, and us building it for FREE takes the website's upfront expense out of the equation so you start with less risk.
How do I take payment in the store and what fees does it have?
Payment is taken through a payment gateway (card and digital wallets like Apple Pay and Google Pay) that we integrate. Every gateway applies a fee per transaction: as a reference with a public source, Stripe charges 2.9% + $0.30 per card transaction on standard pricing, and others like Square or PayPal have their own rates. That fee is charged by your payment provider, never by Zenith: we don't add any commission per sale.
Can I start by selling a little and register the business later on?
It's a very common question and there's no single answer: the line between a one-off and a regular sale depends on the frequency, the volume and the intent, and it's not always obvious. We won't give you a trick or a magic threshold; putting it to an accountant before you start is the sensible move. What we can do in the meantime is leave the website ready for when you get going properly, without the upfront cost of building it being a brake.

You talk to your accountant; we'll take care of the website

Tell us what you want to sell. We'll build your store without charging you for it, meeting the legal requirements of the website, and if we're a good fit we'll work every month so people find you. No Zenith sales commission and no promising you numbers: just the work, and you'll see it.