LLC for Video Game Designers

Do you need an LLC for video game design?

If you’re a video game designer or developer, you might be wondering whether forming a limited liability company (LLC) is necessary or beneficial for your business.

Forming an LLC for your video game design business can offer several benefits that provide protection and structure to your operations. One of the primary advantages of forming an LLC is the limited liability protection it provides. By establishing your video game design business as an LLC, you can separate your personal assets from the liabilities of your business. Another benefit is that an LLC can enhance your professionalism and credibility. There’s also the benefit of pass-through taxation and tax flexibility to choose an alternate structure if that works better for your game development company.

Throughout this guide, we’ll provide you with step-by-step instructions and valuable insights on how to form an LLC for your video game design business. Whether you’re a solo indie developer or part of a larger game development team, forming an LLC can be a crucial step toward building a successful and sustainable video game design business.

Why Starting an LLC as a Video Game Designer is Important

Personal Asset Protection

The top reason to form an LLC as a video game designer is to gain access to the personal asset protection provided by this business structure. Whether you’re a small independent designer who makes mobile games or an in-demand designer working on console and PC games, you need the limited liability protections that an LLC can provide.

As an example, let’s say that you fail to deliver a completed program in time, and you force a publisher to miss a deadline. If you operate your business as a sole proprietorship or general partnership, your personal assets — like your house, car, or personal bank accounts — would be at risk if that publisher decides to sue your business.

On the other hand, if you form an LLC for your video game design business and operate and maintain that LLC in a compliant fashion, the publisher’s lawsuit will be limited to your business assets. In other words, your personal assets will be protected by the business structure you’ve chosen.

Taxation

However, this is just one of the advantages of the LLC for a video game designer. Another important aspect is taxation. The LLC actually provides its owners with a selection of options regarding how they want the business to be taxed, which could save you a considerable amount of money compared to simply operating as an informal business entity.

Sole Proprietorship/General Partnership

Your video game design LLC can be taxed as a sole proprietorship (for single-member LLCs) or general partnership (for multi-member LLCs), which is the default option. With this tax structure, your design business itself does not pay taxes, but rather the profits are passed through the business entity and you pay taxes on that money when you file your own personal taxes.

C Corporation

You can also choose for your game design business to be taxed as a C corporation (the default form of corporation), although this option isn’t very popular because it subjects your business to what’s known as double taxation — meaning that your profits are taxed first on the corporate level and again on the personal level when they’re distributed to you as an owner.

S Corporation

The other option is S corporation taxation. There are quite a few limitations to electing S corp taxation, but most U.S.-based video game designers have no trouble meeting these requirements — your business cannot have more than 100 owners, they all must be either residents or citizens of the United States, and so on.

S corp taxation can help your design business save money by reducing your self-employment tax burden. Instead of paying self-employment taxes (a 15.3% tax that includes the employer and employee portions of Medicare and Social Security) on all of your business income, you can pay yourself a reasonable salary for your role and only pay self-employment tax on that portion of your income, while you can reinvest the rest of it into your business without paying this tax.Compared to operating as a sole proprietor or general partner with your game design business, the S corporation taxation model could potentially save you quite a bit of cash, which you can use to buy upgrades for your computer and improvements for your office space rather than writing a big check to Uncle Sam.

Enhanced Credibility and Name Uniqueness

Finally, an LLC structure can enhance the credibility of your game developer business venture. Informal business entities don’t have exclusive assumed business names and typically operate under the personal name(s) of their owner(s). For instance, if your name is Johnny Smith and you’re a game designer, your company’s name is also “Johnny Smith,” which obviously isn’t a great name for a design business.

In this scenario, you could register a DBA (doing business as) name to give your business the ability to operate under an assumed business name, but DBAs have no exclusivity regarding their naming rights in many states. This means that if another business in the video game industry wants to use your DBA name as their own, they’re not only allowed to do so, but they can actually register a formal business entity with that name, preventing you from continuing to use your own assumed name.

With an LLC, you not only have the rights to exclusive use of a business name, but you will also have either the phrase “limited liability company” or the letters “LLC” in that business name. This provides your business with a jolt of respectability because customers respect the professionalism displayed by an LLC. Also, they typically feel more comfortable writing checks to a business entity rather than to an individual.

What is an LLC?

LLCs are formal legal entities that are typically taxed similarly to sole proprietorships and general partnerships in that the owners include any company profits or losses in their personal returns — the LLC itself does not owe income taxes.

An LLC may also elect to be taxed like a corporation, although this is not a very common option in the business world.There are similarities to corporations, too, especially when it comes to financial responsibilities. In an LLC, the owners (called “members in an LLC”) aren’t usually personally accountable for the financial status of the business. This means that if someone sues your LLC, your personal assets are not at risk in most cases.

How to Start an LLC for a Video Game Designer

The formation process for LLCs varies depending on which state you’re forming one in, but in general, the process has some universal steps that need to be taken no matter what state your business is located in. If you want a thorough overview of all the steps required to form an LLC, check out our complete guide on the topic. The basic steps in the LLC formation process in any state are as follows:

1. Choose an LLC name

Coming up with the perfect name for your new LLC is an important step. You’ll need to choose a name that represents your company and describes your role in video game development. You’ll also have to make sure it isn’t already in use by checking your state’s business database.

2. Designate a registered agent

Your LLC’s registered agent (which can be an individual or a professional service) is responsible for receiving important document deliveries from the state — like service of process or annual report reminders — and forwarding them to you. The registered agent ensures that the state always has a reliable point of contact for your business.

3. File your formation documents with the state

The form used to create an LLC is usually called the Articles of Organization, although the name can vary (some states call it the Certificate of Formation or something similar). You’ll need to provide the state with some basic information about your business and its owners. In exchange, the state will formally create your LLC.

4. Acquire an EIN

The Employer Identification Number (EIN) is a federal tax ID number that essentially functions as a Social Security number for a business. The EIN allows your business to hire employees, pay taxes, apply for bank loans, and more. You can obtain an EIN from the Internal Revenue Service free of charge.

5. File a BOI report

New in 2024, all LLCs need to file a beneficial ownership information report, or BOI report. You’ll file this report directly with the Financial Crimes Enforcement Network. This reporting requirement exists to get information about your beneficial owners, or the people who get significant economic benefit or exert control over the business. By requiring this information, FinCEN aims to deter financial crimes like money laundering. 

Be sure to file the BOI report on time; if you don’t your video game design LLC won’t be operating legally, and you could face hefty civil and criminal penalties. 

6. Create an LLC operating agreement

Most states don’t require operating agreements but every LLC should have one regardless. This is an internal document that outlines several key operational aspects of your LLC. The value of the operating agreement is how it can help prevent ownership disputes down the line by clearly explaining how the LLC will be run.

7. Create a financial infrastructure

You will need a business bank account for your LLC, and you’ll probably want a business credit card for work-related expenses, as well. It’s also a good idea to use accounting software like QuickBooks or even hire an accountant to handle your bookkeeping for you.

8. Handle taxes, licenses, and permits

Depending on your state, you may need a general business license to operate your LLC in compliance with state requirements. There are no industry-specific licenses required for video game companies, but that doesn’t mean you won’t need any permits at all. Don’t forget to check with your state to see if there are franchise or privilege taxes assessed on LLCs, and also see if your municipal and/or county government entities have any further licensing requirements.

9. Understand maintenance requirements (annual reports, franchise taxes, etc.)

Again, these requirements can vary by state, but most states require some sort of regular report to ensure that your LLC’s info is up-to-date in the state’s business database. Some states require reports each year, while others only require them biennially or not at all. No matter what your state requires, you’ll need to stay on top of it to keep your LLC in good standing.

Additional Resources for Starting a Video Game Design Business

1. All About Games

All About Games certainly lives up to its name, as the site was launched in 2020 by three lifelong gamers. The website includes plenty of info for gamers seeking the best hardware and games, and it also features news about competitive gaming and an informative blog. All About Games doesn’t have as many specific resources for video game designers, but it’s a fantastic place to find out about the latest trends in gaming.

2. Game Developers Conference (GDC)

The GDC is the largest industry event for video game designers, and its website features plenty of valuable information. It has tons of news items, along with technical guides, design tips, seminars, and more. The GDC even has thousands of audio and video files in its GDC Vault.

3. International Game Developers Association (IDGA)

The IDGA is “the world’s largest nonprofit membership organization serving all individuals who create games.” As a member of the IDGA, you’ll receive exclusive discounts on events, conferences, and software tools. In addition, you’ll become part of their global network of game designers, which provides you with invaluable connections and networking opportunities.

4. Game Designing

Game Designing may not have the world’s cleanest website, but never fear — they certainly put far more effort into their actual tutorials than they do their own web design. Their site provides links to game design schools, presents a wealth of information for game design careers, and presents designers with an incredible series of “Tools Tutorials” to teach you everything you need to know to design your own games.

5. Game Analytics

Game Analytics offers “a feature-rich and universal analytics tool for studios and publishers everywhere.” They collect and interpret game player data to help you figure out who exactly you want to design games for, and they have a broad selection of other tools and insights as well. For instance, their “21 Free Learning Resources for Game Developers” page is a great resource.

6. Pixel Prospector

Pixel Prospector’s incredibly valuable website is split up into several different categories: game development, graphics, sound and music, distribution, business, and marketing. Under each of these various headers, you’ll find a deep pool of information that can help you design the video game of your dreams.

Note: Pixel Prospector’s website is currently undergoing a redesign, so you can expect bigger and better things soon. But in the meantime, you can access their previous site without issue.