By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Table of Contents
How to Form an LLC
1. Search for a Business Name
Use the Secretary of State’s office to check the company name. This reduces the chances of rejection to make sure one doesn’t already exist.
By State (business search)
2. Choose a Registered Agent
A registered agent must be located within the State and accept notices on behalf of the company during normal business hours. For this reason, many companies elect to have a third party for this role.
However, it is possible for a company to also act as their registered agent.
3. File the LLC
An LLC can be filed online or through the mail. This is handled by the Secretary of State’s office and requires a filing fee. The processing time depends on the jurisdiction.
4. Obtain an EIN
An employer identification number (EIN) can be applied for on the IRS website to open bank accounts on the company’s behalf.
5. Write an Operating Agreement
An operating agreement is a contract between the partners of a company that outlines ownership and how decisions are made within the company. It should be signed by each member.
6. Decide the Tax Classification
- Disregarded Entity – By default for a single-member LLC. Income and expenses are reported on the owner’s tax return (IRS Form 1040 – Schedule C).
- Partnership – By default for a multi-member LLC. The income and expenses are reported on a Schedule K-1 (IRS Form 1065) and passed through to each member based on ownership.
- S-Corporation – Form 2553 must be filed within 75 days of formation. The income and expenses are reported on a Schedule K-1 (IRS Form 1120-S) and passed through to each member based on ownership.
- C-Corporation – Form 8832 must be filed at any time. The income and expenses are reported on Form 1120 and filed with the IRS directly.
7. Maintain the LLC
Renew the LLC on an annual basis. Typically, a filing fee is required between $50 to $800 (California is the highest).
If not renewed, an LLC is no longer allowed to conduct business in the State and can be subject to extra fees for reinstatement.