How To Start A Game Studio (LEGALLY)

Have you ever wondered how to start a game studio "legally" (whatever that means), and also ensure it is an LLC and set-up to be properly taxed? Yeah me neither...
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► What I believe: • What I Believe

[@thomasbrush]

Happy Thanksgiving week guys :) Does anyone have an LLC? If so what is it! ► Learn how to become a full time game dev, free: www.fulltimegamedev.com/opt-in-how-to-make-six-figures ► Enroll in my 3D workshop, free!: www.fulltimegamedev.com/opt-in-15-minute-3D-game ► Make your game instantly beautiful with my free workbook: www.fulltimegamedev.com/opt-in-instant-beauty-color-workbook ► Get my 2D game kit, free: www.fulltimegamedev.com/opt-in-2D-game-kit ► Join my 2D character workshop, free: www.fulltimegamedev.com/opt-in-2d-character-art-workshop ► Wishlist Twisted Tower: store.steampowered.com/app/1575990/Twisted_Tower/ ► Learn how to make money as a KZbinr: www.fulltimegamedev.com/opt-in-indie-game-income-workshop

[@gamedevlooped1689]

No not at all! i didnt even know that a thing till 5 minuites ago. as a 14 year old i didnt even think that we have to deal with all this.

[@Td0g4261]

Magic Dragon Studios

[@EsperVisions]

EsperVisions LLC - www.espervisions.com Thank you for all of your guidance Thomas. Any aspiring Game Devs who haven't signed up for your course yet are really missing out. ^^

[@smith3596]

Nebulos Entertainment, LLC

[@StudioHannah]

Mine is Studio Hannah LLC :D I only changed over thanks to you.

[@jarh5281]

This is definitely one of the most intimidating aspects of game dev that's worried me for a while

[@jarh5281]

​@@Jennifer-ju8de lmao, you say that under the bold assumption that I plan to ride on indie game dev as a full time job exclusively, which is not the case. You are clearly salty about something if you're saying all that as a reply to my initial statement. I've got no reason to thank you but A+ for the effort

[@jarh5281]

@Zonetron Hell yeah, that's the spirit!

[@adamcaretta4715]

@@Jennifer-ju8de what’s that got to do with getting an LLC

[@HunterGoodin]

@Killingdance He didn't. Ever. He has two games on the Switch. Idk, man. That guy doesn't know shit.

[@ytcorporate9237]

@Zonetron Christ, man, that is beautiful.

[@user15121lIlIIll]

Whats the (ILLEGAL) way to start a game studio

[@greatclubsandwich5612]

Whatever Sojia Boy did...

[@XDTuber]

just not filing on tax return

[@dadabellmon8672]

LMAO

[@amberlewis012]

Just like what the replies above me said and *transform into Donald Trump muaHAHAHAHA*

[@chazzwazzler]

hold the CEO of some big game studio hostage until they give you their game studio.

[@TheKwiji]

for all germans! this is not what you should do right away when you start out as a small dev. An LLC has benefits but if you don't make more than 25k a year, there are only disadvantages in relation to taxation. You will however transition to a GmbH (LLC) when you get more than 50k euros in your first year. For example, I'm a small time student dev and only make about 6k euros a year as a job on the side, so I registered a company as a "kleinunterner" so that I don't have to pay taxes when I'm below about 9400 euros.

[@KappGaming]

Danke :)

[@PerionTermia]

Danke dir! :D

[@cyronixed]

meinst Du damit UG?

[@frenches1995]

This is exactly the case why i disliked this video he does not even mention that his advices are for a specific country and not aplicable everywhere in the world

[@ZebulonZ]

@@frenches1995 Except when he asks that one should to look up their equivalent to a LLC in their respective country at 2:58

[@mr.asylum5894]

I was watching the video right when he said and I quote “ guys this is where things get complicated I’m not gonna lie “. Not even 1 second later an ad popped up said an LLC doesn’t have to be just type in LLC Tailor Brands. Man I was dead as hell perfect timing.

[@Danny_Dark]

This was exactly the I needed because I am completely in the dark about this stuff! You always give amazing info! Thank you so very much and keep it up!!!

[@rashadfoux6927]

A) This is really educational and helpful. Thanks man. B) I'm checking in on your stuff after a year+ of being out of the loop, and it makes me happy to see how successful you've become. Props on the hard work and business savvy!

[@ryroio]

Great video as always! I think there's a lot of confusion with folks around business expenses though. If you're an LLC or a sole proprietor, right now the standard deduction is $12,400. That's basically just a catchall expense that the government assumes you have. BUT, if you claim the standard deduction, you can not claim any other expenses; you have to pick one. So unless you're spending more than $12,400, your expenses won't impact your taxes.

[@jonathan_cunningham]

You should share how you got a name for your studio. I think its very interesting hearing about how people come up with names and other things like that

[@alejandrozucca2457]

Yes, yes, yes! The video I've been waiting for. As a non US resident person I have to go for the LLC. This confirms my research. Thanks Thom!

[@alphagames7945]

Thank you for this data. This on top of your course is giving me a good, long awaited methodical path as well as new motivation.

[@theMinecraftman87]

So important that someone is putting this information out for free. You are truly doing good work.

[@AlbertRosa]

Thank you for this. Just what I needed to get over the step of getting the LLC. Thanks again!

[@stealcase]

Thanks for the starting point, Thomas. Enjoying the Setup and editing. =)

[@jonathan_cunningham]

Thank you so much! I’ve been wondering about this for a while now

[@elblaise5618]

Shout out to dads, the most underrated of super heroes. P.S. Thanks for introducing me to tort liability.

[@LuanaSantos-rl4sb]

wat

[@Magicguy33]

Thank you so much Thomas, planning on moving to NC soon so this was perfect to get an idea of what I would pay!!

[@actualunicorn9462]

I really appreciate this video really out here doing gods work for me and many others trying to start game studios

[@mohammedmahmoud4255]

Love You Man I Started Development On My Game 3 Days Ago And I'm Making GREAT Progress Because Of YOU!!!!

[@blackwaffle542]

How did it go

[@dbvectra]

Thanks for this video, Thomas!

[@Slacker333666]

Pretty Informative stuff I haven’t even started but I’m looking forward to learning how to create games and gotta say you comedy cracks me up hits me right in the funny bone thanks for the videos

[@MagicisHerba]

Dude this type of material is gold, thank you! 🍻

[@GemTappX]

I really needed a video like this. Thank you!

[@chandlerpricemedia]

I'm learning game dev and this kinda stuff is like seriously appreciated as I am not familiar with the like business side of... Well anything really 😂 really helps me realize I need to do my research and start learning a lot more!

[@Charlesw_88]

Great video. Thanks for the advice Thomas.

[@gamenrage5998]

Thanks for the heads up on this great video!

[@RTPcanadaGames]

I enjoyed this Video. Thanks for sharing brother. I now know what an LLC is!

[@CoffeeAI201]

9:15 infomercials have taught us any video segment that’s in grayscale means sadness and pain. This was my favorite part of the video.

[@dadabellmon8672]

I currently have four LLC businesses. An Information Services Company that deals with Data Collections, Data Storage, Data Research, Data Modeling, Data Development and Data Distribution. The second is a Device Manufacturing and Retail Company where I build phones, tablets, PCs and Smart Media Centers and Smart TVs. The third is a Technical Support Company, which was my first and started as a DBA back in 2003, where I do IT Field Technician work such as technical Installations, Hardware Repairs, Network and Server Support. My forth business is just the mother company of the other three. I am now looking to start a fifth company specifically for game dev!

[@ChristopherCricketWallace]

serious question: are your taxes crazy complicated. That's the biggest worry about all of this stuff--getting burned in taxes even if I didn't make any money.

[@TrueNorthRecon]

I emailed about something like this not long ago. I am so happy you ended up doing this. We need more Info like this from someone with experience.

[@PrinceOfLostKingdom841]

This is perfect Thomas thank you.

[@Alexindiegamedev]

I am working on my first true game and really need this information thank you

[@pngamestudios]

Very useful. Thank you Thomas

[@StudioHannah]

I made my business an LLC because you said that was a good idea in your Game Dev course :) I’ve been a sole proprietorship for years. But it’s officially Studio Hannah LLC now!

[@ryroio]

Congrats!

[@MartinFRaposo]

Congrats!! How is it going?

[@Myserieden]

For my business I had to get an llc. Easiest thing ever. You literally just sign up for it on a government website and I paid $125.00 had paper work in less than a week. Edit: just noticed you were talking about North Carolina. I’m in South Carolina. Pretty sure the process is identical in both states.

[@The6thRonin]

Excellent Info. Thank you.

[@badbanana9894]

This is perfect Thomas thank you. A great starting point for my research into this topic before I actually make any money. (Real money not a few hundred pounds) Cheers

[@blackfrogstudios6670]

Would love to see an elaboration on this, maybe going over how you got your website?

[@reptilianaliengamedev3612]

Do you need help with getting a website built for your studio?

[@blackfrogstudios6670]

@@reptilianaliengamedev3612 right now I’m good, I’m not a legal studio or anything, but I have a website being worked on, thanks

[@Imkiritai]

Thank you Thomas 🙏

[@tpgthe2ndhg608]

This is very help full thank you

[@Mygoditsfullofstars]

I ran my business through an s-corp. I don't know if a video game studio would be well structured under that arrangement but it was certainly advantageous for my trade - my accountant was invaluable in this endeavor.

[@Morraak]

Good stuff to know!

[@KlassicKent]

Thank you Thomas Brush my game dev senpai.

[@ChristopherCricketWallace]

I was hoping for conversations about music licensing, copyright and trademark issues/gotchas with your art and IP, etc. What do you would do if someone says you copied their proprietary algorithmic surprise mechanic by having new gun as an in-game purchasable item? Stuff like that.

[@40wattstudio41]

Those are things I'd like to see more videos about as well.

[@BuffaloMuff]

Well in all actuality if someone does try to tell you stolen IP etc they have to prove that in a court of law and its time to get a lawyer. Those type of suits are rare however as you can imagine it goes 2 ways. Literally you ripped off part of a song, took their 3d model without correct license, didnt hold up your end etc etc etc, or you did not. That sort of a case is only going to come up and go to court if you are in the wrong. Music (played professionally for years) is inherently the creators IP. Do not take anyones music without permission. Same goes with anything else you snag for your Games.

[@asmosisyup2557]

@@BuffaloMuff "only going to come up and go to court if you are in the wrong. " that's what you go to court to prove/disprove. You can most definitely go to court when you are in the right, and spend large sums of money trying to defend yourself. In the US, most smaller companies can't afford that, so will often just pay w/e the large company is demanding (i.e. a settlement) which is somewhere between what your legal fees would have been (i.e. you take the smaller cost of going vs not going to court) and the potential revenue the large company hopes to make (minus their legal costs). If your game doesnt make much money, you're *probably* fine as there's not much incentive for the larger company to go after you. If your super successful though you'll likely have things come up that have nothing to do with your game. tldr; its a fucking mess and does not work in any way like it should.

[@Jakommo]

@@BuffaloMuff or.. there are the people/companies who sue absolutely everyone in hopes that people will give them a slice to avoid longer and more costly lawsuits..

[@estherfelicies7846]

Very helpful thanks😊

[@nightcow8767]

i needed this today lol

[@SlavicFox]

2 years late, but this one of the most valuable videos i've ever watched.

[@Chevifier]

button line if you make 100k save 50k for taxes its roughly its no where near that but its good to have the headroom

[@oatcube3961]

In some countries you can gain money through small business, even without starting a company, to a certain maximum in a year before you have to pay VAT.

[@JGD44]

Incredibly useful. 👍

[@ScilexGuitar]

Should I start the game studio/company before or after I release my first (commercial) game?

[@SocrateA3]

Hey thomas i signed up in the full game dev and i didn't receive the 2d ge kit but thanks on video you and your games are my number 1 inspiration for making games you inspired to make a steam game so thanks

[@thomasbrush]

Did you confirm your email address?

[@SocrateA3]

Yup and it sent me to a page saying you are subscribed

[@itsgamingmoonlight3400]

Socrate - A3 me too

[@leonardotoma3780]

Thank you!!

[@jackcrunch1124]

Where did you get so fashionable coat? 'Cause it's really cool! And thanks buddy for your amazing work!

[@imraanakollo-arenz1449]

There's something wild about the fact that he evolved from babyface dad to "I should be fronting a post hardcore band" I just thought it would be cool to notice. Keep teaching me post hardcore game design dad!

[@SeerNovaComics]

We have an LLC, but we didn't go through legal zoom though, but anyways this video was very informative :D

[@phillippi2]

Much of this is actually the same reason why the GPL license states that the devs can't be held responsible for any damages to the end-user or their property. I have to wonder what the difference is between protections stated in this video and protections stated in a license are. Which types are better in what circumstances? *meaning; is it better for a corporation to rely on license protections or is it better for them to take the route in this video?*

[@Pakistani890]

9:20 u had me there for a while. lol

[@floydjay1361]

If you’re the dad I never had, in your next video can you say “Are ya winning son?” While starring at the camera?

[@hardcorenacho1020]

Im pretty late to the video, would it be better to start an LLC then create games or should I have some games created then create an LLC then publish the games?

[@GoblinsDemon]

Umm if you pay yourself a salary as an LLC if you file it as an scorp you can write it off your business taxes because your salary gets taxed personally on you own tax return instead. If you are running it as like a sole proprietorship it's referred as a draw rather then a salary. Which is where the tax gets changed between the 2 since it regards the draw as just pulling out your own money rather then the business being its own being.

[@rikrishshrestha5421]

fantastic !!

[@KyrstOak]

Keep in mind that all this legal stuff varies from country to country and sometimes county to county, so it's best to talk to a lawyer and/or a financial advisor who knows this stuff for where you live.

[@omerfarukbykl6097]

Nice topic

[@UltimatePerfection]

Too bad none of this applies to me because of different jurisdiction. It's quite tricky to get similar info on Polish law. Still, I am sure someone will find this useful so thank you for making it even if it's useless in my case.

[@Shadogi]

Question! What about creating your LLC before you start making money in order to funnel development expenses through? Most of us will be running a deficit before we release (art, music, etc.), so should you create your LLC early and, if so, what does that do to things like paying taxes?

[@rekusanreku5540]

From what my stepdad has warned me about (he's a full bird in the army, and has handled a lot of legal stuff on their end.), he more or less told me to wait until you hit a certain amount of revenue made from your game before thinking about opening it. Its the same thing as say a twitch streamer, if they don't make past a certain amount its not taxable. However if you are a company everything is taxable. TL;DR wait it out and see how much you earn since it only takes 30 days for it to be approved.

[@ryroio]

I am not an accountant, but from what I've gathered in looking into this same topic, unless you're funneling a good chunk of change through the game company, it's not going to make a difference. The current standard deduction is 12,400 dollars. Unless you're spending more than that, you won't be itemizing your expenses so your tax burden should remain unchanged. I don't know your specific circumstances though, so do please have a quick consultation with an accountant (they can be cheap/free for your first visit with them a lot of times)

[@RexSmithII]

Say you just sell one game on steam, do you actually need to file in the state I live, or can I file in a lower taxed state with a physical address?

[@susank4039]

do you need a monthly fee for the LLC? or is it a one time deal?

[@nwotyzarc]

As a German seeing that you can start a LLC on a website.. 🤣 we're sooo far away from that here. You have to walk to at least 5 different government offices and fill out documents and need a notary contract which will cost you at least 500 bucks. I'm jealous 😭

[@yobigames]

I need help understanding how to check if the URL is taken or not. I didn't understand what you meant by checking with the provider about the domain

[@atamusicofficial]

just got an ad for Thomas Brush while watching Thomas Brush O.o

[@troglodev2533]

Don’t forget about your Spotify podcast. I need something to fall asleep to! 😩

[@troglodev2533]

I’m not implying that it’s boring, btw. I’m saying that it’s soothing, lol.

[@NCRRanger16]

Lol I was about to say...

[@berkus8564]

Oh man! My notifications were late!

[@backsnapd2040]

I have an LLC but its for a clothing company that never got off the ground lol

[@D_RoeVS]

How come? What were the issues you came across that resulted in your business not progressing?

[@tjcampbell9454]

You can get the EIN free from the irs after you get the $99 package

[@sergeymelkumov9232]

Online company in Estonia fixes some of the problems mentioned in this video. US sucks even in company management now...

[@floatingdoor]

Lmao. I got an ad from you on your own video.

[@adrycough]

"I'm not trying to sell you a course" *3 and a half minutes in* > please buy my course, it's on sale

[@Orinslayer]

-on accounting-

[@KyntrellMV]

Is this something you want to complete before, during, or after releasing a game/reaching out to a producer for your game?

[@Colonel_Spectre]

1:11 finally, the milk run is over!

[@sullieskye]

What if you just make games as a hobby? What does that entail? Is it possible to just put a free game on PlayStation network or something like that?

[@jacobs.7925]

Any tips on how to transfer the LLC's income to another country? Is there any best way or is it case-based? I plan on opening a LLC in the US to receive money from steam sales but I don't know how to bring the money to South America afterwards. Thanks

[@RioTFF]

For some reason my dog always falls asleep in my office when I have your videos playing....

[@tylergorzney8499]

So, just curious, I have been a street dev. for the past 2 years (to elaborate....I have been homeless and developing a game in UE4 on a laptop @ the library and Starbucks. I store my stuff in public storage and do not have a home or apt. etc. After listening to much on Indie Game Dev, if definitely seems important to have an actual business setup, for various reasons, amongst others to protect my IP, assets etc.? Is it possible to do ths without a physical address?...or by using a the USPS General Mail Delivery address (it's how us non-physical address types get mail...caue you need a physical address to get a P.O. Box...) BTW - Thomas, you're awesome man...you from the Midwest? Your demeanor is amazing, the vids you do are so great and inspiring! Thank you...for being awesome! ;)

[@GRIZZLY12345]

Keep your head up i was there too.making my game with no where to sleep.. I know how it goes.. Get u a place to live first... Then you'll be able to focus and get way more done without no worries unless your difFirent and are able to somehow push through without.... Much love my friend

[@tylergorzney8499]

@@GRIZZLY12345 Well, honestly, I would rather live on the streets off of $2400 a year and have 12 hours a day 7 days a week to work in UE4. Getting a place to stay typically means working 8 hours a day to barely get by, sleeping 6, traveling 2, being exhausted and having very little time to work in UE4. I ended up getting a job as a night auditor in Breckenridge, CO. So...now I snowboard on good powder days (for free), and work on projects during downtime at night or on days off. I have $8400 saved up, so it's tempting t ogo back to the streets for a couple more years and have more time lol. Thanks man, encouragement is nice!

[@CalebBub]

Super helpful video! But, did anyone else notice the volume being too low? I had to turn up my pc and the ads were WAY louder :3 Might just be me though!

[@blackfrogstudios6670]

Sounded fine for me

[@BassShoter]

Hey i got a question am working on my first game in UE5 but i wanted it to be free to play can i do that?

[@izzyhope58]

Do I legally need an LLC if I want to release my game under a studio name like "Example Entertainment" or whatever, or is it ok to have a studio name without an official LLC. Also If I'm just working on a game in my spare time not making money from it (atm), would it be recommended to do this. Or should I wait until I release a game and actually start making a significant amount of money.

[@BLUDDLY]

Huh, I was only looking into this a few days ago! Thanks for the much needed info :)

[@AngryMan540]

URL availability can be checked via a free whois search

[@huntermay8322]

Im actually in the process but need guidance to make this company. outside of what you just mention i need to know the legality of everything i need to know to start a indie company. where or who could i talk to that does not require a paycheck?

[@EriksBlue]

So what if I have a business license already should I go and turn it into a LLC?

[@MDLNMDANGER]

Where did you get your cardigan from thomas?!

[@UncannyXmeme]

I want to start an independent gaming studio, and already have an LLC to use, how much does it cost to start a team? I want to make RPG and MOBA games on Unreal Engine 5

[@cici-dvajsdvojka]

I ain't paying no taxes

[@roboticz3474]

is there a difference between naming your your company, lets say facepunch llc, vs studio vs games

[@MrYodaman90]

This might seem like a silly question. But if you successfully create an LLC does that make the name of the studio and all your IP automatically patented???

[@tymondabrowski12]

No. You can trademark it separately though.

[@PrescottLawani]

I made my business in Texas. Do I have to change anything if I move? It is technically virtual, only exsisting where I have my computers.

[@gamenrage5998]

I have many games story i have written and concepts of my own to make gaming more enjoyable but need the funds to start out and the how to do the setup of an online base gaming site to sell my work having one good programmer and map making working with me but need a way to put this all together can you help in this type dream of mine by giving me some good pointer where to start out and get it going.

[@slightlyaboveaveragebutaverage]

Well that felt like an ad for three different services including your own.

[@bobhands578]

I went hard mode and set up a company in France (Sanitycheckmygame.com) happily working on our first title at the moment.