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How to start a business while you still have a job

Last reviewed . General information, not legal or tax advice.

You can usually start a business while employed, but first read your employment agreement and company policies for rules on outside work, competing, confidential information and who owns what you create. Keep the business on your own time and equipment, treat it as a real business for taxes, and cover the extra tax by raising your paycheck withholding.

Am I allowed to run a business while employed?

In most jobs, yes, but your employer's documents set the limits. Before you take a single customer, find and read:

  • Your offer letter or employment agreement, for clauses on outside employment, conflicts of interest or non-competition.
  • Any confidentiality or invention assignment agreement, which can give your employer rights to ideas or work you create, especially if they relate to its business or use its resources.
  • The employee handbook or code of conduct, for disclosure or approval rules on side work.
  • Professional or licensing rules, if your job is in a regulated field.

If anything is unclear, or your business is close to what your employer does, ask an employment lawyer before you start. Asking for written approval is often simpler than finding out later that your employer claims part of the business.

How do I keep my job and my business separate?

  1. Use your own time. Do the work outside paid hours and away from work meetings.
  2. Use your own equipment and accounts. Not the work laptop, phone, email, software licenses or cloud storage.
  3. Don't use your employer's information. Customer lists, pricing, plans and code belong to them.
  4. Don't sell to your employer's customers or poach coworkers without checking your agreements.
  5. Keep separate money. A separate bank account makes taxes easier and shows the business stands on its own.

These habits protect you whether or not your agreement mentions them, and they make it much easier to show that what you built is yours.

Is my side hustle a hobby or a business for taxes?

The IRS looks at whether you run the activity to make a profit. Its questions include whether you run it like a business, keep complete and accurate books, change methods to improve profitability, advertise, depend on it for income, and whether you have made a profit or expect to.

The difference matters. If the activity is not for profit, you still report the income, but you cannot use its losses to offset your other income. If it is a business, you report profit or loss on Schedule C, can deduct ordinary business expenses, and owe self-employment tax once net earnings reach $400.

How do I handle taxes on side income?

Your paycheck has tax withheld; your side business does not. You can cover the difference in two ways:

  • Raise your withholding at your job. The IRS says employees can avoid estimated tax payments by filing a new Form W-4 with an extra amount to withhold. The IRS Tax Withholding Estimator helps you pick the amount.
  • Make quarterly estimated payments if you expect to owe $1,000 or more after withholding. See self-employment and estimated taxes for the dates.

Report all business income, even without a tax form. Payment apps and online marketplaces send Form 1099-K when your payments for goods or services exceed $20,000 in more than 200 transactions, and card processors send one for card payments of any amount, but the IRS says income is reportable whether or not you receive one.

Should I form an LLC for a side business?

Not necessarily at the start. The SBA describes a sole proprietorship as a good choice for low-risk businesses and owners who want to test an idea before forming something more formal. If your side business sells physical products, has customers on your premises or could cause real harm, an LLC and insurance become more important. Compare them in LLC vs. sole proprietorship.

When should I quit my job to go full time?

Decide with numbers rather than hope. Signs the business can support you include steady revenue for several months, profit after paying yourself, repeat customers or a waitlist, and a clear plan for what more hours would add. Also price in what your job provides, such as health insurance and retirement contributions, which you will now pay yourself.

A practical approach is to set a written target, such as a number of months of expenses saved plus a monthly profit level, and quit only when you hit it. Your break-even figure from pricing your product or service is a good place to start.

Frequently asked questions

Do I have to tell my employer about my side business?

It depends on your employment agreement and company policies. Some require you to disclose or get approval for outside work, especially anything that could compete or create a conflict of interest. Read your offer letter, handbook and any confidentiality agreement first, and ask an employment lawyer if the rules are unclear.

Can my employer own my side business idea?

Possibly, if you signed an agreement that assigns inventions or work product to your employer, particularly for ideas related to its business or created with its time, equipment or information. Keep the business on your own time and equipment, and get legal advice if your side business is close to your employer's field.

How much can I earn from a side hustle before paying taxes?

There is no tax-free amount for business income. You owe income tax on your profit, and self-employment tax once net earnings from self-employment reach $400 for the year. The IRS says you must report all business income even if you never receive a Form 1099-K, so keep records from your first sale.

Can I deduct losses from my side business against my salary?

If the activity is a business run to make a profit, a loss reported on Schedule C can generally reduce your other income, subject to tax rules. If the IRS considers it a hobby, you cannot use its losses to offset other income. Keeping business-like records and acting to make a profit matter.

Sources

  1. Know the difference between a hobby and a business, Internal Revenue Service. https://www.irs.gov/newsroom/know-the-difference-between-a-hobby-and-a-business
  2. Estimated taxes, Internal Revenue Service. https://www.irs.gov/businesses/small-businesses-self-employed/estimated-taxes
  3. Self-employment tax (Social Security and Medicare taxes), Internal Revenue Service. https://www.irs.gov/businesses/small-businesses-self-employed/self-employment-tax-social-security-and-medicare-taxes
  4. Understanding your Form 1099-K, Internal Revenue Service. https://www.irs.gov/businesses/understanding-your-form-1099-k
  5. Sole proprietorships, Internal Revenue Service. https://www.irs.gov/businesses/small-businesses-self-employed/sole-proprietorships
  6. Choose a business structure, U.S. Small Business Administration. https://www.sba.gov/business-guide/launch-your-business/choose-business-structure

This guide is general information, not legal or tax advice. Rules differ by state and city and change over time, so confirm the details with the official sources above or a licensed professional.