Should Your Solo Business Become an S Corp? Here’s How to Decide
Maybe you’ve heard a few mentions of the tax-saving power of S Corps before. Or perhaps (like many solopreneurs) your eyes immediately glaze over...
6 min read
Lettuce
:
Nov 29, 2025
Your operating agreement isn't just compliance paperwork. It strengthens asset protection, proves you're running a legitimate business entity, and creates the foundation for an S Corp election that could save you thousands annually.
Here's what most solopreneurs miss: they think an operating agreement is just another paperwork exercise to file away and forget. The truth? While your state might not require one for a single-member LLC, skipping it leaves you stuck with generic state default rules that rarely fit a business-of-one. An operating agreement puts you in the driver's seat.
With Lettuce, you get a customized operating agreement as part of your automated financial system, set up in just 10 minutes. This simple document can save you thousands while giving you complete control over your business structure.
Here's why your operating agreement isn't a compliance task; it's your strategic advantage.
One lawsuit. One unpaid vendor. One client dispute. Without an LLC, any of these could wipe out your personal savings, your home, your investments, everything you've worked for. An LLC changes that equation entirely. It creates a legal wall between your business and personal assets, so when trouble hits your business, it stays there. For solopreneurs, this isn't just smart. It's essential protection.
But here's what makes that protection stick: your operating agreement. This internal rulebook defines ownership structure, profit distribution, management procedures, and decision-making authority. It proves you're running a legitimate business entity, not just operating under a business name.
Courts examining whether your LLC deserves limited liability protection look for formal documentation. Your operating agreement provides exactly that, proof that you understand and respect the boundary between you and your business. Without it, courts can pierce the corporate veil and reach your personal assets if they find you've been mixing business and personal funds or ignoring corporate formalities.
Without an operating agreement, you're subject to your state's default LLC rules, generic statutes that assume multiple members, require unanimous consent for decisions, and rarely align with how a business-of-one actually operates.
A single-member LLC operating agreement looks different from multi-member versions. You're not splitting ownership percentages or managing partner disputes. You're documenting how you run your business and establishing your authority as the sole decision-maker. Here's what belongs in yours:
Lettuce guides you through each provision with plain-English explanations and ensures your agreement is tailored for solopreneurs, not copied from generic templates.
Your operating agreement becomes the basis for S Corp election, the single most powerful tax move available to solopreneurs. When you establish your business practices properly, you're setting up the legal framework that enables splitting your income into salary and distributions, potentially saving $8,000+ annually on self-employment taxes.
Here's how your operating agreement transforms into your tax-saving blueprint:
Lettuce handles the creation of your operating agreement as part of your business formation.
What happens during setup:
Your operating agreement is ready before you finish onboarding. No separate legal fees, no wondering if you've covered everything, no delays in opening your business account.
These frequently asked questions help you unlock the full potential of your operating agreement and make confident decisions about your business structure. Whether you're exploring tax advantages, asset protection strategies, or keeping your agreement optimized as your business evolves, these answers give you the clarity to take control of your financial future.
Your single-member LLC operating agreement should document your business name and address, your sole ownership percentage, management structure (you as the managing member), and your chosen tax treatment — especially if you're electing S Corp status. Include provisions for capital contributions, profit distributions, and what happens if you decide to bring on partners or dissolve the business.
Your operating agreement creates the foundation for an S Corp election, which can save you thousands in self-employment taxes by splitting your income into salary and distributions. The agreement documents your reasonable salary calculation and distribution policies, exactly what the IRS looks for during reviews. Lettuce's automated payroll and tax optimization work with your operating agreement to ensure your tax strategy is properly documented and consistently executed, giving you peace of mind and maximum savings.
You absolutely should have one, even though most states don't legally require single-member LLCs to have operating agreements. Banks typically request an operating agreement when you're opening a business account, making it a practical necessity for your financial infrastructure. Your operating agreement also lets you set rules designed specifically for your needs instead of relying on generic state defaults that rarely fit solopreneurs. Plus, when you're ready to start your LLC, having an agreement in place documents your S Corp election for better tax treatment since the IRS treats single-member LLCs as disregarded entities by default.
Your operating agreement strengthens your liability protection by showing you operate as a legitimate business entity, not just a sole proprietorship. When you maintain clear separation between personal and business affairs (documented through your operating agreement and proper business banking), you're building a strong case for asset protection. As the SBA notes, operating agreements give members protection from personal liability by proving you're running a real business with formal governance structures rather than just a hobby or side gig.
You should review and update your operating agreement whenever your business circumstances change, adding services, changing your business model, or bringing on contractors who might become partners. Update your agreement when you make changes to capital contributions, management structure, or business address. You have 30 days to update your FinCEN Beneficial Ownership Information if ownership changes. As a single-member LLC, you can amend your agreement unilaterally until you add new members, making it easy to keep your documentation current as you optimize and grow.
Your operating agreement isn't just paperwork; it's what unlocks S Corp benefits, protects your assets, and positions your freelance business for growth. While traditional formation requires navigating state requirements, legal templates, and ongoing compliance deadlines, automated operating agreement creation through Lettuce eliminates the guesswork entirely. You get enterprise-level protection and LLC advantages without the big-business complexity, all sized perfectly for your business-of-one.
Ready to stop leaving money on the table? Lettuce's automation handles everything from formation to ongoing compliance in one seamless flow. Launch your all-in-one financial system for businesses-of-one at Lettuce and start building the structure your freelance business deserves.
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