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For young companies, crowdfunding can seem like easy money that will let them build the business they’ve always dreamed about. So far, more than 53,000+ projects have been funded on Kickstarter to a tune of $916M.

Compared to applying for other funding sources, it’s relatively quick and simple to post a pitch on a crowdfunding site like Kickstarter and see what happens. But this faster pace often means that people looking for funds are less likely to consider some important aspects of running a business. In particular, there are liability and tax issues to consider:

Liability

While you may not be dealing with the same amount of contracts and paperwork as you would with a traditional lender, raising money on Kickstarter is still serious business. You may not be dealing with a banker or VC firm, but with crowdfunding, you’re actually dealing with tens, hundreds, or thousands of investors.

A lot of the time, crowdfunding seems like a platform where startups take pre-orders from customers for a not-yet-finished product. And that dynamic always carries risks. For example, CNN Money reported that 84% of the top 50 funded projects on Kickstarter in 2012 shipped late. More than 75% of hardware projects on Kickstarter fail. When backers are excited to get their product, any delays will disappoint, frustrate, and possibly worse.

Obviously, no one starts a crowdfunding campaign to fail or weasel people out of money. However, any time you’re making something (whether it’s a tech product or something creative), you can’t always plan how things will work out. And, unfortunately, not every project will make it.

So, what does that mean for you? If you want to launch on Kickstarter or other crowdfunding site, you should take the following steps before you post your project.

  1. Form a legal business structure, like an LLC or corporation. This will give you a layer of protection that can help shield your personal property/assets/finances from your business. And if something happens to your project, it means that the business is liable, not you personally. Remember, you need to have the LLC or corporation officially established before starting the crowdfunding process and all contracts and forms should be done through the LLC and corp (and not signed by you as an individual)
  2. Get an EIN (Employer Identification Number) after your LLC/corporation is formed. If you’re not familiar with an EIN, it’s essentially a social security number for your business and you’ll need it to open your business’ bank account.
  3. Open a business bank account: Once you have an EIN, your LLC/corporation can open its own bank account. This is going to be an important step to making sure your personal and business finances stay separate.

Taxes

The tax implications of crowdfunding can catch people off guard if they don’t do a little homework beforehand. When people raise money through traditional sources, those funds are considered “contribution to capital.” That means they’re usually not taxed. However, whenever you raise money on Kickstarter, those funds are considered income. You’ll most likely be issued a 1099-K (you can read more about taxes on Kickstarter here: http://www.kickstarter.com/help/taxes).

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About Nellie Akalp

Nellie Akalp is a passionate entrepreneur, small business advocate and mother of four. As CEO of CorpNet, a legal document filing service, Nellie helps entrepreneurs start a business, incorporate, form an LLC or set up Sole Proprietorships (DBAs) for a new or existing business.

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