No, I can’t give much advice on dos and donts of IT consulting. IT consulting represents only a small part of my activity when I work as a freelancer. Several aspects are depending on jurisdiction and we’re here at a global community. E.g. in my jurisdiction, the legal form of LLC or of LTD would ensure to not be recognized as freelancer by social security and fiscal services by public administration. And it is these two institutions in charge of such recognition while the definition is in a law of fiscal services and implies a preferable tax regime.
In my jurisdiction, IT consulting may be done as a freelancer (or group of freelancers) or by a commercial business. A commercial business may use such legal forms like LLC or LTD.
Likewise, I can’t give much advice on dos and donts of LLC as my focus is to avoid to becoming a LLC in order not to loose the preferable tax regime for freelancing in my jurisdiction. And LLC is also specific to jurisdiction. E.g. I don’t know the differences between LLC and LTD.
- Is LLC a special form of LTD?
- What do you mean by retainer or retainer agreement?
- How compatible is LLC with IT consulting?
I never heard such a word nor term like retainer. I even don’t know if retainer is a term. In my understanding, retainer would be a characterization of certain business activities with the purpose of keeping an already existing business relation. I don’t know of any legal forms nor constraints for such activities. But it seems to me that you use this word differently.
In my understanding, customers of IT consulting prefer not to do with LLC, at least in my jurisdiction. But with changes in social security regulation in the past decade, LLC would be an option to prevent another risk of customers, that the consultant could be recognized by court as an employee of the customer.
- What’s the difference between getting an LLC and becoming registered as LLC?
- What do you still need to get an LLC?
I usually know of becoming registered as LLC although not having experience with it. Different communities and regions compete how quick it is to start a business, including an LLC. In some jurisdictions and cities, this shall be possible within a few hours or even one hour.
I don’t know what your customer wants. Most of that would neither be considered IT consulting nor freelancing in my jurisdiction. It might be considered more something like Independent Service Provider or Managed Service Provider. And if you already started, you may request Spiceworks to change your community account to Independent Service Provider. That would enable further options in your community profile and offering you an additional set of web pages as well as an entry in the corresponding database.
And as far as your preference is concerned, to have a signed contract before starting actual work, this is a requirement in some jurisdictions, including mine. Otherwise, that part of work done before signing the contract is not regulated by contract. But a contract may recognize that some prior work and activities shall fall under the regulations of a contract, even if those have started already before. A contract is some form of agreement. If all parties involved agree, then this should not be a problem. You can’t enforce that all parties agree. But when they agree, it does not matter that some work and effort has already started before. So as long as you don’t get such agreement, you’re working at your own risk.