Peacemaker Arts

Sole Proprietor vs. LLC

Structure your business.
Protect your work.

A practical guide to choosing the right legal structure for your creative practice — and a ready-to-use sales proposal template to start landing clients professionally.

Free GuideIncludes Template

Which structure is right for you?

Sole Proprietor

Best for: Artists just starting out, low-revenue creative practices

Pros

  • Zero setup cost, no annual fees
  • Simple taxes (Schedule C)
  • Full control
  • Immediate — no paperwork required

Cons

  • Personal liability for business debts
  • Harder to get business banking
  • Less professional perception
  • No separation between personal and business assets
Choose this if: You're testing the market, earning under $20K/year from art, or not yet selling to businesses or galleries.

LLC

Best for: Established artists, those selling to galleries/businesses, anyone with significant inventory or equipment

Pros

  • Personal asset protection
  • Professional credibility
  • Easier business banking
  • Potential tax advantages
  • Can have multiple members

Cons

  • Setup fees ($50–$500 depending on state)
  • Annual report fees
  • Slightly more complex taxes
  • Requires an Operating Agreement
Choose this if: You're earning consistently, selling to galleries or corporate clients, have a studio or significant equipment, or want to protect personal assets.

Help me decide

Answer four quick questions to get a personalized recommendation.

1. Do you earn more than $20,000/year from your art?

2. Do you sell to galleries, businesses, or corporate clients?

3. Do you have a studio, significant equipment, or inventory worth protecting?

4. Are you concerned about personal liability?

Step-by-step

How to form an LLC in New Mexico

  1. 1

    Choose a business name

    Must include "LLC" or "Limited Liability Company." Check availability at the NM Secretary of State website (sos.nm.gov). Tip: your artist name + "LLC" or "Studio" + "LLC" works well.

  2. 2

    File Articles of Organization

    File with the NM Secretary of State. Fee: $50. Can be done online at portal.sos.state.nm.us. Processing time: 1–3 business days online.

  3. 3

    Get an EIN (Employer Identification Number)

    Free from the IRS at irs.gov/ein. Takes 5 minutes online. You'll need this for business banking and taxes.

  4. 4

    Open a business bank account

    Keep business and personal finances separate from day one. Bring your Articles of Organization + EIN. Most local NM banks and credit unions offer free business checking.

  5. 5

    Create an Operating Agreement

    Not legally required in NM but strongly recommended. Outlines ownership, profit distribution, and decision-making. A simple single-member template is included below.

  6. 6

    Register for NM Gross Receipts Tax

    New Mexico has a Gross Receipts Tax (GRT) instead of sales tax. Register at tap.state.nm.us. Most art sales are subject to GRT.

Your sales proposal template

Fill in the fields below to generate a professional sales proposal you can copy and send to galleries, clients, or collaborators.

Live preview

SALES PROPOSAL
──────────────────────────────────────────
Prepared by: [Your name / business name]
Email: [email] | Phone: [phone]
Date: October 17, 2026

TO: [Client / gallery name]
RE: [Project title]

PROJECT DESCRIPTION
[Project description]

INVESTMENT
Total Project Fee: $[price]
Deposit Required: $[deposit] (50%)
Balance Due: $[balance] (upon 50% deposit, 50% on completion)

TIMELINE
Estimated Completion: [completion]

TERMS
• 2 revision round(s) included
• Additional revisions billed at hourly rate
• 50% deposit, 50% on completion
• Work begins upon receipt of signed agreement and deposit
• All rights to artwork remain with artist until final payment received

──────────────────────────────────────────
To accept this proposal, reply with your signature and return a signed copy.
Prepared by [business name] | October 17, 2026

Single-member LLC Operating Agreement

Starter template — replace all [BRACKETS] with your information.

OPERATING AGREEMENT
[BUSINESS NAME], LLC
A New Mexico Limited Liability Company

Effective Date: [DATE]

ARTICLE I — ORGANIZATION
1.1 Formation. [BUSINESS NAME], LLC (the "Company") is a limited liability company formed under the laws of the State of New Mexico.
1.2 Principal Office. The principal office of the Company is located at [ADDRESS].
1.3 Purpose. The Company is organized to engage in [DESCRIBE BUSINESS — e.g., the creation, sale, and licensing of original artwork and related creative services].

ARTICLE II — MEMBERSHIP
2.1 Sole Member. [YOUR FULL LEGAL NAME] ("Member") is the sole member of the Company and holds 100% of the membership interest.

ARTICLE III — MANAGEMENT
3.1 Member-Managed. The Company shall be managed by its Member.
3.2 Authority. The Member has full authority to bind the Company in contracts and agreements.

ARTICLE IV — CAPITAL & DISTRIBUTIONS
4.1 Capital Contribution. The Member's initial capital contribution is $[AMOUNT].
4.2 Distributions. The Member may take distributions at any time, subject to the Company's ability to pay its obligations.

ARTICLE V — TAXES
5.1 Tax Treatment. The Company shall be treated as a disregarded entity for federal income tax purposes (sole proprietorship taxation).

ARTICLE VI — DISSOLUTION
6.1 Dissolution. The Company may be dissolved upon the written decision of the Member.

IN WITNESS WHEREOF, the Member has executed this Operating Agreement as of the date first written above.

Member Signature: _________________________
Printed Name: [YOUR FULL LEGAL NAME]
Date: _______________

Ready to formalize your practice?

Peacemaker Arts members get access to quarterly legal workshops, contract reviews, and a network of NM-based attorneys who work with creative businesses.