Filing Fees
- Domestic: $125
- Foreign: $125[1]
How to Form an LLC (7 steps)
1. Find a Business Name
- Business Search: njportal.com
Enter your desired business name in the New Jersey Business Name Search engine. If the words “No results found” appear after you click search, the name is likely available for use.
The name of your business must contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC”. “Limited” may be abbreviated as “Ltd.”, and “company” may be abbreviated as “Co.”[2]
2. Select a Registered Agent
Every corporation authorized to transact business in New Jersey must maintain a registered agent with a business office in the state.[3]
3. Register the LLC
Go to njportal.com to access the state’s online filing system.
Use the dropdown button to select the type of business you want to form. Enter your desired business name below.
Describe what your business will be for in 300 characters. If you have a separate document describing your business purpose, upload it here.
Enter the address of your main place of business.
Enter the information of your registered agent by manually inputting their name and address or by entering their assigned number.
Provide the names and addresses of all the members or managers of your business.
Enter the names and titles of each signer.
After reviewing your application, select your desired payment type and indicate whether you want to order any certified copies of the certificate of formation.
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
It is required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating your business.
5. Write an Operating Agreement
While operating agreements are not legally required in New Jersey, it is still recommended that one be created to help facilitate 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.
7. File Annual Report
Every business in New Jersey is required to file an annual report. It must be filed by the last day of the month in which the business was formed. Filing fee is $75.[4]