How to Freelance as Active Duty Military: Rules, Approvals, Taxes

15 min read
Active duty service members can freelance legally with command approval. Here is exactly how to get approved, what restrictions apply, how to handle taxes, and which freelance skills work best with a military schedule.

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Frequently Asked Questions

QCan active duty military freelance legally?

Yes. DoD Directive 5500.07 and branch-specific regulations permit off-duty employment, including freelance and self-employment work. You need written command approval before starting, and the work cannot conflict with your military duties or create a conflict of interest.

QWhat form do I need to freelance on active duty?

It depends on your branch and unit. Army commonly uses DA Form 3437. Navy and Marine Corps units typically use a command-specific request chit or memo routed through the chain of command with ethics counselor review. Air Force may use AF Form 3902 or a memo format. Contact your legal assistance office for your specific requirement.

QDo I have to pay taxes on freelance income as active duty military?

Yes. Freelance income is self-employment income subject to both regular income tax and self-employment tax (15.3% for Social Security and Medicare). If you expect to owe more than $1,000, the IRS requires quarterly estimated tax payments. File Schedule C and Schedule SE with your 1040.

QCan I use my military title to promote freelance work?

No. You cannot use your official military title, rank in an official capacity, or position to promote freelance services. You can mention that you serve in the military, but you cannot imply official endorsement or use your position to gain clients.

QShould I form an LLC while on active duty?

An LLC provides liability protection but does not change your tax situation unless you elect S-Corp status. For most active duty freelancers earning under $40,000 annually in freelance income, operating as a sole proprietor is simpler. If you do form an LLC, form it in your state of legal residence, not your duty station state.

QWhat happens if I freelance without command approval?

Freelancing without written approval can result in UCMJ action, even if the work itself would have been approved. The issue is not the work — it is failing to follow the required approval process. Always get approval before accepting clients or payment.

QHow do PCS moves affect my freelance business?

PCS moves can affect your off-duty employment approval (you may need to re-submit at your new command), your state tax situation (SCRA lets you maintain your state of legal residence), and your client relationships. Freelance work that is fully remote and asynchronous handles PCS moves the best.

About the Author

Brad Tachi is the CEO and founder of Best Military Resume and a 2025 Military Friendly Vetrepreneur of the Year award recipient for overseas excellence. A former U.S. Navy Diver with over 20 years of combined military, private sector, and federal government experience, Brad brings unparalleled expertise to help veterans and military service members successfully transition to rewarding civilian careers. Having personally navigated the military-to-civilian transition, Brad deeply understands the challenges veterans face and specializes in translating military experience into compelling resumes that capture the attention of civilian employers. Through Best Military Resume, Brad has helped thousands of service members land their dream jobs by providing expert resume writing, career coaching, and job search strategies tailored specifically for the veteran community.

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