How to Apply
- Online: dfi.wi.gov or the One Stop Business Portal (for specific domestic LLCs)
- By Mail:
How to Form an LLC
1. Find a Business Name
- Business Search: www.dfi.wi.gov
Search the Wisconsin Department of Financial Institutions’ Corporate Registration Information System to see if your LLC name is available. The words “Sorry, your search returned no records” will appear on the screen if your desired name is available.
The name of your LLC must contain the phrase “limited liability company” or “limited company,” or the abbreviation “LLC,” “LC,” or a variation on these abbreviations with respect to capitalization or punctuation.[2]
2. Select a Registered Agent
Each limited liability company in Wisconsin must maintain a registered agent and registered office in the state. The registered agent must have an e-mail address and a place of business or activity in Wisconsin.[3]
3. Register the LLC
There are two options for registering your LLC in Wisconsin: online or by mail.
Option 1: File Online
Go to www.dfi.wi.gov to begin the process of filing your LLC online.
Click “Domestic Limited Liability Company” if yours is a domestic Wisconsin LLC. Select “Foreign Limited Liability Company” if you are registering a foreign LLC.
After clicking “Click here to start filing,” enter the name of your LLC in the text box at the bottom of the screen. Be sure that the name you select adheres to the rules regarding LLC names in Wisconsin.
Alternatively, if a business entity that is registered in Wisconsin is acting as the resident agent, you may click “Select Entity” to look up that entity’s information.
On the remaining pages in the form, you will be prompted to input additional information about your LLC, including the address of the principal office, the name and address of each organizer, a delayed effective date (if desired), and other provisions.
The individual filling out the online form (the drafter) must input their first and last name. Click the “This document is executed outside of Wisconsin” checkbox if the document is not being executed in the state of Wisconsin.
On the next page, at least one organizer must sign the form. Selecting the checkbox next to the organizer’s name serves as a legal signature for the purposes of this form.
This person will be contacted by the DFI if there are any issues with the processing of the form.
Any corrections or alterations to the form will need to be done through a separate filing, so ensure there are no mistakes before filing this form.
Check the expedited filing checkbox if you would like your form to be processed more quickly for a small fee.
After selecting your payment type, click “Continue” to proceed to the state’s e-payment website and complete your filing.
Option 2: File By Mail
Complete the appropriate form and send the document, along with a check for the filing fee, to the Department of Financial Institutions.
Articles of Organization – Domestic LLC – For in-state entities.
Filing fee: $170 check made payable to the Department of Financial Institutions.
Mailing address: State of Wisconsin Department of Financial Institutions, Box 93348, Milwaukee WI, 53293-0348
Foreign Registration Statement – Foreign LLC – For out-of-state entities.
Filing fee: $100+ check made payable to the Department of Financial Institutions.
Mailing address: State of Wisconsin Department of Financial Institutions, Box 93348, Milwaukee WI, 53293-0348
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
Most entities that register with the Wisconsin Department of Revenue, including LLCs, will need to apply for an Employer Identification Number (EIN) from the Internal Revenue Service before obtaining a permit or certificate.[4]
5. Write an Operating Agreement
An LLC in Wisconsin is not legally required to file an operating agreement with any government agency. However, creating such an agreement is highly recommended to smoothly govern the business’s internal operations.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
The following are the most common types of tax classification for LLCs:
- LLC – In this classification, a partnership or sole proprietorship is considered a “pass-through entity,” and all profits are considered income for the owners/members.
- S-Corporation – In an S-corporation, the shareholders must pay income tax on all business profits and losses, which are sent to the shareholders. An LLC must file IRS Form 2553 within 75 days of formation to file as an S-corporation.
- C-Corporation – Under a C-corporation classification, all business profits and losses are filed as a separate corporate entity. To be recognized as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.
7. File Annual Statement
LLCs in Wisconsin must submit annual reports to the Department of Financial Institutions. Domestic LLCs must submit their report during the calendar year quarter in which the anniversary of their formation occurs. Foreign LLCs must file their report during the first calendar quarter of each year.[5]
For example, a domestic LLC with a formation date of February 7 must submit its annual report by March 31 (end of the first quarter) of each subsequent year.