Form an LLC or Corporation

Generally, if you do not file to form your business as a specific entity type, one is assigned to it by default. If there is only one owner, it is a Sole Proprietorship and if there are multiple owners, it is a General Partnership. Minimal paperwork can be an advantage with these entity types, but they also leave your personal assets at risk.

Filing to form an LLC or Corporation separates your personal assets from your business. So if your business is ever sued by a creditor or unhappy customer, you're at less risk of losing your home or other personal assets because of it. That's one less thing for you to worry about.

Plus, with an "LLC" or "Inc." after it, your business instantly looks more professional to customers, vendors, and peers.

That's a question that ultimately only you can answer.

Corporations have been around for hundreds of years, so the paperwork to form and maintain them can seem archaic at times. But if you plan to "go public" soon (for example, to make a public offering of your company's shares on the New York Stock Exchange), this is the only business entity type that can do it.

LLC stands for Limited Liability Company. It is a newer business entity type, but it has fast become the preference among many new small business owners. The reason is that LLCs were designed to offer the personal asset protection of Corporations, but with fewer initial and on-going requirements. For example, LLCs generally do not have to keep detailed meeting minutes, or even hold formal meetings at all.

With Sole Proprietorships and General Partnerships, there is little legal separation of the owners from the businesses. So the owners are taxed on all money that their businesses make.

Corporations are recognized as entities separate from the owners by default, so the Corporation is taxed on all money that it makes. Then additionally, the owners are taxed on all money that they pay themselves from the Corporation. This is commonly known as "double taxation". Or some states allow you to file to be a special type of Corporation called an S-Corporation, in which taxation is the same as with Sole Proprietorships and General Partnerships.

LLCs are the opposite. By default the taxation is the same as for Sole Proprietorships and General Partnerships. Or some states allow you to file to have the taxation be the same as the default for Corporations, where the LLC is taxed on money it makes, then additionally its owners are taxed on money that they pay themselves from it.

For more details, consult one of the many books written on this subject, or a local tax professional.

An S-Corporation is a special type of Corporation available in some states. They are different from traditional Corporations in that they avoid the issue of "double taxation". Specifically, the business does not pay tax on its revenues. Instead, the owners pay taxes on all business revenues. For more details, consult one of the many books written on this subject, or a local tax professional.

These filings are at the state level, typically with the Secretary of State's office. Some states also require publication of an announcement of the LLC Formation or Incorporation in specific publications. SimpleFilings has experience with these filings in nearly every jurisdiction in the United States, and we are proud to put this experience to work for you.

There are restrictions on the words that your business name can contain. However, most of the restrictions are in place to ensure that your name does not mislead the general public or imply that the business is a different type of entity than it actually is. For example, you cannot make your LLC name "Acme Incorporated" because that implies that you are a Corporation. Likewise, your name cannot include "LLC" if you are a Corporation.

Generally, the state your filing is with will require some type of annual renewal from you for your LLC Formation or Incorporation filing to remain in good standing. This makes it important that if you change addresses, you notify the Secretary of State's office in the state of your filing to ensure that any correspondence or notifications from them get to you.

Yes. If you haven't successfully filed an LLC Formation or Incorporation, your business is not an LLC or Corporation so your business name cannot contain "LLC" or "Inc." Likewise, most banks will not allow you to open an account for a business with "LLC" or "Inc." in the name if you cannot provide documentation of a successful formation filing in that name.

While the steps involved in an LLC Formation or Incorporation filing vary for each state, the main steps are usually:

• • Complete and submit the LLC Formation or Incorporation Application on this site.
• • We review the provided information, research existing name usage where applicable, and prepare the required government paperwork. We send the prepared paperwork to you via fax, e-mail, or mail for your review and signature(s).
• • Sign and return the documents to us for filing.
• • We file all necessary papers with the applicable agency and submit payment for fees to them on your behalf.
• • We monitor the status of the filing and once complete, we coordinate any required publishing and submit payment to the publications on your behalf.
• • We send you a record of the successful filing and any publication documents for your records.

Like all filing requirements, publication requirements vary by state. Some states require that the formation filing is announced in specific newspapers for a specific timeframe. In some cases states even require proof of that publication. SimpleFilings's service includes the completion of any publication requirements as part of your formation filing.

Typically, it is the other way around. You first form your LLC or Incorporate at the state level, then obtain your Federal Tax ID at the federal level, because the federal level sometimes validates your application against the state databases. So for example, if you apply for a Federal Tax ID as "Acme Incorporated" without finishing your Incorporation filing with the state first, your Federal Tax ID application may well get rejected. SimpleFilings offers fast and secure solutions for both filings. For more information on obtaining a Federal Tax ID, please click here.

A business generally needs to obtain a Federal Tax ID if any of the following are true: the business has just formed an LLC or Incorporated; there are one or more employees; a business bank account is needed; or corporate credit is needed. For more information on obtaining a Federal Tax ID, please click here.

This varies for each state. In some, we can have it completed for you in as little as one week, in others it can take up to 8 weeks. You can stay updated on the status of your order 24 hours a day. Simply enter your transaction ID on the Existing Customers page or contact us.

We don't currently offer an expedited filing for this service.

We are experienced at the document preparation and filing processes for forming LLCs and incorporating in all 50 states. After receiving your application and any necessary signatures, we handle all communications with the state and contact you only when necessary to expedite your formation filing. During the entire process you can view your order status online or utilize e-mail or phone support to be updated as often as you like for no extra charge. Using this method compared to working with an attorney can save you thousands of dollars and get you back to focusing on your core business quicker.

The fee for our document preparation and filing service varies from state to state because of differing filing requirements and fees that we pay on your behalf. To find out the fee for your state/county, please see our Fee Calculator.

SimpleFilings makes it easy to form your LLC or Incorporate. Simply submit the LLC Formation or Incorporation Application to get started.

To check the status of your order 24 hours a day, simply enter your transaction ID on the Existing Customers page of this site. Your transaction ID can be found on your receipt e-mail. If you cannot locate your receipt e-mail or transaction ID, please contact us.

You can e-mail us at LLCInc@SimpleFilings.com or by using the Contact Us page of this site. Our fax number is 866-687-7779, and our phone number is 866-762-1012. Business hours are Monday-Friday, 8am-5pm Central. Our specialists look forward to assisting you.

SimpleFilings is a fast and secure solution for several of the most common new business filings, like LLC Formation or Incorporation, DBA Registration, and obtaining your Federal Tax ID. But there maybe other filings for you to perform both before and after starting business. As a courtesy, we've listed some below:

• • Internal administration - LLCs require fewer administrative formalities than Corporations, but both require some. For example, LLCs must write and keep a document called an Operating Agreement which outlines basic ownership and management information. Many books have been written on the subject of LLC and Corporation administration, and they often include useful document templates. Find them at your library or bookstore.
• • Federal government filings - The IRS needs to know how to tax your new business. Filing forms such as IRS 8832, IRS 2553, and IRS 1023 can accomplish this. Other IRS filings, and filings with other Federal government agencies may be required as well. Local tax professionals can be good sources of information on this.
• • State government filings - Each state you do business in will have filing requirements such as state tax ID numbers, state tax returns, foreign business entity registration (if it is not the state you formed your LLC or Incorporated in), and annual business entity reports. Offices in each state such as the Secretary of State and Department of Revenue can help you determine which ones apply to your business.
• • Local government filings - Each local jurisdiction you do business in may have filing requirements such as licenses, permits, etc. Offices in each jurisdiction such as the County Courthouse and City Hall can help you determine which ones apply to your business.
• • Insurance and trade requirements - Depending on the nature of your business, other non-government filings such as obtaining insurance may be necessary to comply with all applicable laws. Consult your insurance agent and applicable trade association.

Starting and running a business is a richly rewarding but never-ending process, and the responsibility for research and compliance is solely yours. But remember that the profits are solely yours as well.