How to Apply
- Online: corp.sos.ms.gov/corp
Filing Fees
- Domestic: $50[1]
- Foreign: $250
How to Form an LLC
1. Find a Business Name
- Business Search: corp.sos.ms.gov
Use the Mississippi Business Search Engine to check whether your desired LLC name is already in use. Under search criteria, select “Exact Match” and type in the name. If it is available, the words “No matches found” will appear.
Per state law, the name of your business must end with the words “limited liability company” or the abbreviation “L.L.C.”[2]
3. Register the LLC
Go to corp.sos.ms.gov/corp to access the state’s Business Online Filing System.
Sign up for an online account by entering your name, address, email address, and business information. After submitting the form, you will receive a confirmation email with your username and password, which must be reset when you log in for the first time.
After logging into your dashboard, select the first or second option under “Name Reservation and Formation Filings” depending on whether the LLC you are registering is domestic or foreign.
Select “Limited Liability Company” under Business Type and provide your business name and email.
Enter a future effective date for your LLC if desired. Then look up the NAICS code(s) that describe the nature of your business and enter the codes in the fields provided.
Provide the name, Mississippi address, and email of the registered agent for your LLC. If you don’t have one, you may find a commercial registered agent for hire.
Click the button “Click to sign” and enter the name and address of the person authorizing this document. After clicking “Next,” you will be prompted to review your information and submit payment.
4. Obtain an EIN.
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
Most businesses are required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating.
5. Write an Operating Agreement
Even though operating agreements are not legally required in Mississippi, it can be helpful to create one for the business’s internal operations.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
Below are the most common types of LLC tax classification:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” which means all profits are taxed as income for the members/owners.
- S-Corporation – All business profits and losses are sent to the shareholders, who must pay income tax. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – All business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.