Selling digital products is one of the fastest ways to start a business today. You can create an ebook, a course, a template, or a membership without worrying about shipping or inventory. But even if your product is digital, your business is still real and you need to set it up the right way.
Let’s break down how to structure your business, protect yourself legally, and find funding so you can grow with confidence.
Step 1: Choose the Right Business Structure
The structure you pick decides how you’re taxed, how you get paid, and how much personal liability you have.
Sole Proprietorship
- Fastest and cheapest option.
- You operate under your own name or a DBA (Doing Business As).
- The downside: no liability protection. If someone sues, your personal assets are at risk.
LLC (Limited Liability Company)
- The most common choice for digital product creators.
- Protects your personal assets if your business gets sued.
- Simple to manage compared to corporations.
- You can file taxes as a sole owner or elect S-Corp status later for savings.
Corporation
- Useful if you’re raising money from investors or planning to sell your company.
- Comes with stricter paperwork and higher costs.
Best option for most: Start with an LLC. It gives you liability protection without a ton of complexity.
Step 2: Register Your Business
Once you pick a structure:
1. File formation paperwork with your state (or use a service like LegalZoom, Bizee, or Northwest Registered Agent).
Starting from $0 + filing fee
Key Features
Affordable Formation Services: LegalZoom offers LLC formation starting at $0 plus state filing fees, providing an accessible option for entrepreneurs to establish their businesses
Comprehensive Support: The platform provides step-by-step guidance throughout the LLC formation process, including assistance with filing articles of organization and obtaining an EIN
Additional Business Services: Beyond formation, LegalZoom offers services such as registered agent representation, operating agreement templates, and compliance tools to help maintain your LLC’s good standing
Why We Recommend It
LegalZoom simplifies the process of forming an LLC, making it accessible even for first-time business owners. With affordable pricing and a range of supportive services, it’s a practical choice for entrepreneurs seeking to establish their businesses efficiently.
Pros & Cons
- User-Friendly Platform: LegalZoom's intuitive interface guides users through each step of the LLC formation process
- Comprehensive Free Plan: Offers a robust free plan with access to most features, suitable for small businesses.
- Accessible Pricing: Starting at $0 plus state fees, LegalZoom provides an affordable entry point for new business owners
- Additional Costs for Extras: While the base formation service is affordable, add-ons like registered agent services and expedited filing come at an extra cost
- Potential for Upselling: Users may encounter upselling of additional services during the sign-up process
- Limited Personalized Legal Advice: LegalZoom provides general legal information but does not offer personalized legal advice unless you opt for additional attorney services
- Special $39 pricing to form your company
- Well-established and trusted service
- Includes free registered agent service for 1 year ($125 value)
- Privacy is guaranteed so your info stays off public records
- Fast filing and processing times
BEST OVERALL FOR BUSINESS FORMATION
- Pricing starts at $0 + state fees (although we recommend 99% of users choose the Gold or Premium plans)
- Free registered agent service for 1 year
- Easy-to-use dashboard
- No hidden fees and no contracts
- 24/7 fast and friendly customer service
BEST FOR EFFORTLESS BUSINESS FORMATION
2. Get an EIN (Employer Identification Number) from the IRS for free. You’ll use this to open a bank account and file taxes.
3. Apply for any business licenses your state or city requires, even if you’re online.
Step 3: Separate Personal and Business Finances
Even if you’re just selling one digital template, keep your finances separate.
- Open a business checking account.
- Use a business credit card to track expenses.
- Pay yourself from the business account, not directly from customer payments.
This separation protects your liability shield if you have an LLC and makes taxes much easier.
Step 4: Protect Your Digital Products
Digital products are easy to copy, so you’ll want to set up protections:
- Add copyright notices on ebooks, courses, and templates.
- Use licensing terms or user agreements that limit how buyers can use your work.
- Watermark or brand your assets where possible.
- Consider trademarking your brand name or logo if you’re building long-term.
It’s not about stopping every copycat—it’s about having the legal ground to defend your work if needed.
Step 5: Funding Your Business
The good news: digital product businesses don’t require heavy upfront costs. But you’ll still have expenses for software, marketing, and legal setup. Here are funding options:
Bootstrapping
- Use personal savings or income from your job.
- Best if you want to stay lean and grow slowly.
Business Credit Cards
- Great for covering small upfront costs.
- Many offer rewards or 0% intro APR periods.
Microloans or Online Lenders
- Some platforms offer small loans for online businesses.
- Approval is usually faster than banks.
Grants and Crowdfunding
- Grants are rare but worth researching in your niche.
- Crowdfunding lets you pre-sell your digital product to raise cash.
Most creators start bootstrapped. The key is to keep costs low and reinvest profits as you grow.
Step 6: Set Up Contracts and Policies
Even with digital products, you should cover your legal bases:
- Terms of Service: Explains how customers can use your site and products.
- Privacy Policy: Required if you collect customer data or emails.
- Refund Policy: Be clear, do you offer refunds on digital products? If not, state it upfront.
- Collaboration Contracts: If you work with designers, editors, or partners, get agreements in writing.
Templates are available online, or you can hire a lawyer to draft them for more protection.
Step 7: Plan for Taxes
Digital creators often forget about taxes until it’s too late. Here’s what to keep in mind:
- Set aside 20–30% of income for taxes if you’re in the U.S.
- Track every expense, software, ads, design tools, and even part of your home office may be deductible.
- If you’re an LLC making good money, ask your CPA if electing S-Corp status can save you on self-employment tax.
Step 8: Scale with Confidence
Once your business is structured and funded, focus on growth:
- Collect emails with lead magnets and build your audience.
- Automate with tools like Omnisend, Kit, or ActiveCampaign.
Starting from $16/month
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Key Features
Multichannel Marketing Automation: Engage customers through email, SMS, and push notifications within a single platform.
Pre-built Automation Workflows: Utilize ready-made workflows like welcome series and cart abandonment to streamline customer engagement.
Advanced Segmentation: Target specific customer groups based on behavior, preferences, and purchase history for personalized campaigns.
Why We Recommend It
Omnisend is tailored for e-commerce businesses seeking to automate and personalize their marketing efforts across multiple channels. Its user-friendly interface and robust features help enhance customer engagement and drive sales.
Pros & Cons
- E-commerce Integration: Seamlessly connects with platforms like Shopify and WooCommerce
- Comprehensive Free Plan: Offers a robust free plan with access to most features, suitable for small businesses.
- 24/7 Customer Support: Provides round-the-clock assistance, even on the free plan.
- Learning Curve: Some users may experience a learning curve when setting up advanced features.
- Template Limitations: Limited customization options in sign-up forms and templates.
- Occasional Bugs: Some users have reported occasional bugs and challenges with customer support responsiveness.
Starting from $25/month
Start your 14-day free trial
Key Features
Email marketing automation for creators and small businesses
Customizable email templates and landing pages
Subscriber management with advanced segmentation and tagging
Why We Recommend It
Simplifies email marketing with easy automation tools designed for creators and small businesses
Provides customizable templates and landing pages to enhance engagement
Helps organize and target subscribers with advanced segmentation for more effective campaigns
Pros & Cons
- User-friendly platform with powerful automation features
- Great for creators and small businesses
- Flexible subscriber management tools for targeted campaigns
- Limited advanced features compared to some other email marketing platforms
- Higher pricing for larger email lists or advanced plans
Starting from $15/month
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Key Features
Advanced email marketing automation
CRM and sales automation tools
Detailed reporting and analytics
Why We Recommend It
- Provides powerful automation features allowing businesses to create personalized customer journeys, nurture leads, and drive conversions.
- Provides email, SMS, and cross-channel tools to power relevant experiences
Pros & Cons
- Powerful automation features
- Integrates well with other tools and platforms
- Scalable for businesses of all sizes
- Can be complex for beginners
- Pricing may be high for small businesses with limited budgets
- Use social media and paid ads to drive traffic.
- Reinvest profits into better tools, design, and marketing.
The legal and financial foundation you set now allows you to scale without worrying about compliance issues later.
Quick Checklist
- Pick a business structure (LLC for most).
- Register your business and get an EIN.
- Open a separate bank account.
- Protect your products with copyrights and policies.
- Choose a funding method.
- Write contracts and policies.
- Plan for taxes from day one.
- Grow and reinvest with confidence.
Final Take
Starting a digital product business is low-cost compared to physical products, but it still needs a solid foundation. By setting up your LLC, keeping finances clean, and protecting your work, you avoid messy problems down the road. Keep costs lean, reinvest profits, and grow step by step. The sooner you take care of the legal and financial side, the faster you can focus on what really matters, creating products and serving your audience.