Loan Out: Discover the Company Benefits for Music Artists

Loan out


A loan out for setting up a company (such as an LLC or corporation) for your music artist career offers several advantages compared to operating as a sole proprietor. Here are the key benefits:

  1. Limited Liability Protection
    1. Company: Forming an LLC or corporation separates your personal assets from your business liabilities. This means that if the company is sued or incurs debt, your personal assets (like your house or car) are generally protected.
    2. Sole Proprietor: You are personally responsible for all business debts and legal liabilities, which puts your personal assets at risk.
  1. Tax Benefits and Flexibility
    1. Company: An LLC or corporation provides more options for tax treatment. LLCs, for example, can choose to be taxed as a sole proprietorship, partnership, or corporation (S-Corp or C-Corp), which can result in tax savings. For instance, S-Corp status allows owners to split their income into salary and dividends, potentially lowering self-employment taxes.
    2. Sole Proprietor: All income is subject to self-employment taxes, and there are fewer opportunities for tax planning.
  1. Professional Image and Credibility
    1. Company: Operating under a formal business entity, such as “Artist Name, LLC,” can enhance your professional image, making it easier to secure contracts, partnerships, and sponsorships. It shows you are serious about your career and more organized, which can attract investors and collaborators.
    2. Sole Proprietor: Working under your own name may be seen as less professional, especially when dealing with larger companies, venues, or record labels.
  1. Business Expenses and Deductions
    1. Company: A formal company structure makes it easier to track and separate personal and business expenses, which can lead to more substantial tax deductions for things like studio equipment, travel, marketing, and business-related entertainment. You can also deduct health insurance premiums and retirement contributions through the company.
    2. Sole Proprietor: You can still claim deductions, but they are more closely tied to your personal income, and tracking expenses can be more difficult without a clear business entity.
  1. Easier to Raise Capital and Secure Funding
    1. Company: A formal company can sell shares (if it’s a corporation) or take on investment, allowing you to raise capital for projects such as album production, marketing, or tours. Banks and investors are more likely to work with a registered business entity than an individual.
    2. Sole Proprietor: Raising capital is harder, and you may need to rely on personal loans or credit.
  1. Growth and Expansion
    1. Company: As you grow, having a company structure provides a clearer framework for adding partners, hiring employees, or expanding into other areas (like starting your own record label or merchandising business). It can also facilitate licensing and ownership of intellectual property rights, including music copyrights.
    2. Sole Proprietor: Scaling your business is more challenging as it’s harder to hire or bring on collaborators without a formal structure.
  1. Continuity and Succession Planning
    1. Company: A business entity can exist independently of you, which makes succession planning easier. You can transfer ownership of the business (and its assets) if needed. It also helps with estate planning by allowing you to pass on your business interest to heirs.
    2. Sole Proprietor: The business ends when you stop operating or pass away, so continuity is harder to plan for.
  1. Contracts and Legal Flexibility
    1. Company: Having a company makes entering contracts with record labels, promoters, or other artists more straightforward. It allows you to handle intellectual property ownership, licensing, and royalties in a formalized manner. Additionally, forming a company makes handling liability and disputes more predictable, as these are dealt with by the business rather than by you personally.
    2. Sole Proprietor: Contracts are signed personally, making you more vulnerable to legal disputes and requiring more careful management of risks.
  1. Branding and Asset Protection
    1. Company: Operating under a company name protects your personal brand. You can also trademark the company name and logo, giving you more control over your brand and its legal standing. It allows you to assign intellectual property rights, such as song copyrights, to the business entity.
    2. Sole Proprietor: You can still trademark your personal name or artistic brand, but the protection is less structured, and brand management might be less effective.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.

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