LLC – Limited Liability Company is a corporate entity established according to the laws of US states, meaning that it is a state entity that is subject to its laws, and not a federal entity
Each state sets its own laws and policies for these entities, as well as the taxes and fees imposed upon them. All states share the regulatory obligation to have a mailing address in that state, and to have an agent on its behalf to receive said mail. Without an in-state address, an LLC cannot be established. The LLC is subject to a legal agreement called operating agreement, which is the foundation of the business’s central control as deemed fit by the owners.
The owners of an LLC are called members, and most states do not impose a limit on how many or who those members are. In that manner, aliens and companies can also be LLC owners.
The distinct advantage of using an LLC is the ability to combine between the legal benefits of a Corp, such as limitation of liability, and the operational resilience and tax benefits of a partnership. From a taxation perspective, an LLC is, by default, a transparent entity, meaning that for purposes of tax calculation, the tax rate, offset of losses, the taxable income and losses of a transparent entity will be regarded as the income or losses of its members, according to their share of rights and profits in the company. An LLC with two or more members will be regarded as a partnership and will file the informative form 1065, whereas a single-owner LLC will be regarded as a disregarded entity whose owners will include losses and profits in their personal 1040 form.
There is also the option of making the LLC non-transparent like a Corp, i.e., a limited liability company owing double taxes. Another option is selecting the S-Corp policy, which is only available to American owners.
Stages of opening an LLC
1
Selecting a name and checking in the state registry
2
Filing an article of organization with the state secretary
3
Compiling an operating agreement (best done by a lawyer)
4
Filing for an EIN
5
Opening a bank account (not necessarily in the same state)
6
Additional regulatory demands may apply, such as taking out a newspaper ad in NY, etc
Process duration
In most states, establishing an LLC takes anywhere between several days to several weeks, depending on the amount of requests at any given time. In most states, one can get to the front of the line by paying an additional fee. For foreign citizens, the duration of the EIN receipt process depends on the amount of requests received by the IRS. During COVID-19, the IRS took 45 days to process requests. Several states have different regulatory demands that take additional time – NY, for instance, requires the company to publish an ad in the newspaper for a period of at least 6 weeks.
Which is the best state to establish an LLC in?
As a rule of thumb, it is important to take all factors into consideration: taxation, costs, legal envelope, exposure, etc. when choosing a state in which to establish the LLC. There is a popular notion that states that the best state for forming an LLC is Delaware, but it’s important to understand that what works best for a tech giant doesn’t necessarily fit real estate investors. We recommend that any investor directly holding real estate via an LLC to establish it in the state the property is located. This can save costs and unnecessary regulatory requirements.
Contact us today and our team will happily help you start our company.
LLC filing fees
State | Founding fee | Ongoing fees | Ongoing fee period | Annual taxes |
Ohio | 99 | |||
Oklahoma | 100 | 25 | Annual | |
Oregon | 100 | 100 | Annual | |
Iowa | 50 | 60 | Biannual | |
Idaho | 100 | 0 | Annual | |
Illnois | 150 | 150 | Annual | |
Indiana | 95 | 31 | Biannual | |
Alabama | 100+ | Annual | 100+ | |
Alaska | 250 | 100 | Biannual | |
Arizona | 50 | |||
Arkansas | 50 | Annual | 150 | |
Georgia | 100 | 50 | Annual | |
Delaware | 90 | Annual | 300 | |
South Dakota | 150 | 50 | Annual | |
North Dakota | 135 | 50 | Annual | |
Hawaii | 51 | 12.5 | Annual | |
Washington | 200 | 60 | Annual | |
Wyoming | 102 | 50 | Annual | |
Wisconsin | 130 | 25 | Annual | |
Virginia | 100 | 50 | Annual | |
WEST Virginia | 100 | 25 | Annual | |
Vermont | 125 | 35 | Annual | |
Tennessee | 300+ | 300+ | Annual | 100+ |
Texas | 300 | 0 | Annual | |
Utah | 70 | 20 | Annual | |
Louisiana | 100 | 30 | Annual | |
Montana | 70 | 20 | Annual | |
Missouri | 50 | |||
Maine | 175 | 85 | Annual | |
Minnesota | 155 | 0 | Annual | |
Mississippi | 50 | 0 | Annual | |
Michigan | 50 | 25 | Annual | |
Massachusetts | 500 | 500 | Annual | |
Maryland | 100 | 300 | Annual | |
Nevada | 225 | 150 | Annual | |
Nebraska | 100 | 10 | Biannual | |
New Jersey | 125 | 75 | Annual | |
New Hampshire | 100 | 100 | Annual | |
New York | 200 | 9 | Annual | 25 |
New Mexico | 50 | |||
Florida | 125 | 138.75 | Annual | |
Pennsylvania | 125 | 70 | Decade | |
Colorado | 50 | 10 | Annual | |
Connecticut | 120 | 80 | Annual | |
Californiaa | 90 | 20 | Biannual | 800 |
Kansas | 160 | 50 | Annual | |
Kentucky | 40 | 15 | Annual | |
South Carolina | 125 | 200 | Annual | |
North Carolina | 110 | |||
Rhode Island | 150 | 50 | Annual |