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How to Form an LLC in Pennsylvania (7 steps)

Forming an LLC in Pennsylvania is completed by filing a Certificate of Organization either online or by mail. Filings take up to 15 business days to process, but expedited services are offered for an additional fee. Beginning January 2025, LLCs must file an annual report with the state.
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Filing Fees

  • Domestic: $125
  • Foreign: $250[1]

How to Form an LLC

1. Find a Business Name


Use the Commonwealth of Pennsylvania Business Search to check whether your desired business name is already in use. If no results show up, it is likely that the business name is available.

Under Pennsylvania statute, the name of your business must contain the term “company,” “limited,” or “limited liability company,” or an abbreviation of one of those terms.[2]

2. Select a Commercial Registered Office Provider 

Unlike most other states, Pennsylvania does not require LLCs to maintain a registered agent. However, businesses that do not have a registered office must list a Commercial Registered Office Provider (CROP).[3]

3. Register the LLC

There are two ways to apply for the registration of your LLC: online or by mail.


Option 1: File Online

Go to file.dos.pa.gov/forms to access the state’s online filing system.

Select the desired initial filing. If your business is domestic, select “Certificate of Organization Limited Liability Company.” If your LLC is foreign, select the “Foreign Registered Statement.”


You will be required to provide your name, email address, mailing address, and phone number and set up three security questions. Once your account is created, verify your email address and sign in.


Select one of the following as your role in the application process. Most people will be business owners registering their own businesses.


Create your business profile by providing the name of your LLC and indicating your desired business structure. Below, provide your phone number.


Enter your name, email, and address for the business profile.


Once you have completed creating your business profile, you will be sent back to your dashboard. Select “Register a Business” and complete the required fields.


Enter your payment method and indicate the desired processing time for your application.


Read each statement and check to agree. Add your name, signature, and date at the bottom, then file your application.


Option 2: File By Mail

Complete the appropriate form and send the document to the provided address with an enclosed payment.


Certificate of Organization (Domestic LLC) – For in-state entities.
Filing fee: $125 check made payable to “Department of State”
Mailing address: Pennsylvania Department of State
Bureau of Corporations and Charitable Organizations
P.O. Box 8722
Harrisburg, PA 17105-8722


Foreign Registration Statement (Foreign LLC)– For out-of-state entities.
Filing fee: $250 check made payable to “Department of State”
Mailing address: Pennsylvania Department of State
Bureau of Corporations and Charitable Organizations
P.O. Box 8722
Harrisburg, PA 17105-8722

4. Obtain an EIN


Every business is required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating.

5. Write an Operating Agreement

The state of Pennsylvania does not require LLCs to adopt an operating agreement. However, it can be useful to adopt one for internal purposes.


LLC Operating Agreement

Download: PDF, MS Word, OpenDocument

 

 

 

6. Choose a Tax Classification

Below are the most common types of LLC tax classification:

  1. 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.
  2. 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.
  3. 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

Businesses in Pennsylvania are required to file an annual report with the state as of January 2025. This can be completed online or by mail. The deadline to file for LLCs is between January 1 and September 30. The filing fee is $7 for LLCs.[4]