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Guide on How To Start an LLC

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Josh Reynolds

Published on June 7, 2024

How to Start an LLC

Starting your own business is a huge milestone, and one of the best ways to structure your new venture is by forming a Limited Liability Company, or LLC. 

An LLC gives you flexibility and protection for your personal assets, making it a solid choice for many small business owners. In this guide, we'll explore what an LLC is, its benefits, and some key considerations to keep in mind as you learn how to start an LLC yourself.

What Is an LLC?

An LLC, or Limited Liability Company, is a type of business structure that blends elements of partnerships and corporations.

This structure offers personal liability protection, meaning your personal assets are generally safe from business debts and lawsuits. The LLC model is ideal for small businesses because of the perfect combination of flexibility and simplicity. Once you learn how to start an LLC, you can focus more on running your business rather than getting bogged down by complex regulations.

How Long Does It Take To Start an LLC?

The timeline to start an LLC can vary depending on your state's regulations and processing times, but it usually takes anywhere from a few days to a few weeks to get everything set up. Working with business advisors and legal consultants can speed things up and give you a better idea of what to expect. Make sure to check your state's specific requirements to get a more accurate timeline. 

Benefits of Forming an LLC

Liability Protection

Forming an LLC provides liability protection, keeping your personal assets safe from business-related risks. This means if your business faces a lawsuit or debt, your personal belongings like your house and car are generally protected.

Tax Flexibility

An LLC also offers tax flexibility by letting you choose how you want your business to be taxed. You can opt to be taxed as a sole proprietor, partnership, or corporation, depending on what benefits your financial situation the most. If you’re not sure which route to take, getting help from an accountant is always a good move.

Management Flexibility

An LLC gives you the freedom to run your business as you see fit. You can decide whether you want to manage the LLC yourself or appoint others to handle it for you.

Enhanced Credibility

Having an LLC can boost your business's credibility as well. Customers and partners often see an LLC as more legitimate and professional than a sole proprietorship or partnership.

Common Misconceptions How To Form an LLC

There are several misconceptions about LLCs that often cause confusion for entrepreneurs. For instance, some people think an LLC is too complicated or expensive to set up, but it's actually very straightforward and affordable. Others believe that forming an LLC guarantees tax savings, which isn't always the case. Keep these common myths in mind, as you might hear and read them often on your business journey.

How Much Is It To Start an LLC?

When planning your new business, one of the first questions you might have is, “How much does it cost to start an LLC?” The answer depends on quite a few factors.

You'll need to budget for filing fees, annual report fees, and potential legal or consulting costs. A small business loan can be incredibly helpful in covering these startup costs and managing operational expenses. Plus, a loan can support your business's growth and expansion by giving you the financial backing to succeed.

Legal and Compliance Requirements

How to Start an LLC

Filing the Necessary Documents

When starting an LLC, you'll need to file the Articles of Organization with your state. This document includes basic information about your business: the company name, address, and the names of the owners.

Adhering to State-Specific Regulations

Each state has its own specific regulations for forming and maintaining an LLC. These can include filing annual reports, paying fees, and sticking to other compliance requirements. Make sure you’re familiar with your state's rules to keep your business legally above board.

Resources and Support

Business Advisors

Business advisors can provide expert guidance on forming and running your LLC. They can help you grow your small business by assisting you in making informed decisions and avoiding common pitfalls. Even though you’ll need to budget for a consultant or advisor, the investment can be worth it for the stability of your company.

Legal Consultants

Legal consultants specialize in business law and can assist with the legal aspects of forming an LLC. They can help you draft important documents and ensure you're complying with all relevant laws and setting your business up for success.

Online Platforms

There are quite a few online platforms that offer resources and support on how to start up an LLC, providing step-by-step instructions and helpful tools. You can even form an LLC using web-based services, but be prepared to pay a one-time or recurring fee.

How To Start an LLC: Conclusion

Forming an LLC is a smart choice for many small business owners thanks to benefits like liability protection, tax flexibility, and management freedom. With careful planning, informed decision-making, and the right financial backing, your business can thrive and achieve its full potential.

Understanding State-Specific Requirements for LLCs

When you’re figuring out how to start an LLC  an LLC, it's important to keep in mind that each U.S. state has its own rules, fees, and requirements that may significantly affect the structure and operation of your company.  To stay in compliance and make your business plan work better, you need to understand these differences.

Variations in Formation Costs and Fees

Different states have very different fees for starting an LLC. A lot of states also charge an annual franchise tax or an annual report fee, and the amounts can be different. For example, California has one of the highest franchise taxes in the country, at $800 per year. 

In Texas, there is a franchise tax based on the entity's revenue, with no tax owed for total revenue under $1,230,000. Illinois charges an annual franchise tax calculated based on paid-in capital, with a minimum payment of $25. In Ohio, instead of a franchise tax, businesses pay the Commercial Activity Tax (CAT) based on gross receipts, with rates starting at $150 for the first $1 million in gross receipts.

Different Operational Requirements

Aside from the original costs and fees, each state has its own rules about how LLCs can run. In places like Nevada and Wyoming, LLC owners have more privacy because member information does not have to be made public. Some states are like New York, which requires LLCs to put an ad in a local newspaper letting people know they exist. This can be an extra cost that you didn't plan.

Compliance and Legal Nuances

Different businesses may have very different compliance needs when it comes to things like yearly reports, tax registrations, and certain business licenses or permits. For instance, LLCs in Florida must make an annual report and pay a fee of $138.75, but Arizona only needs an initial report and doesn't require any follow-ups every year. 

Leveraging Local Resources

The Secretary of State's office or business portals in most states have tools for people looking for help. These tools are very helpful for finding up-to-date information on your state's specific rules. Local business advisors and legal consultants can also give help that is specific to the area and take into account the rules and regulations for doing business there.

The process to start an LLC is not the same in every state because each state has its own rules about how to set up and maintain an LLC. People who want to start their own business should ask first, how do I start an LLC? And then carefully study and think about the specific requirements of the state where they want to set up their LLC. This will help them stay in compliance and run their business smoothly. If you know about these differences, you can make choices that are good for your business and follow the law.

Resources and Support

Business Advisors

Business advisors can provide expert guidance on forming and running your LLC. They can help you grow your small business by assisting you in making informed decisions and avoiding common pitfalls. Even though you’ll need to budget for a consultant or advisor, the investment can be worth it for the stability of your company.

Legal Consultants

Legal consultants specialize in business law and can assist with the legal aspects of forming an LLC. They can help you draft important documents and ensure you're complying with all relevant laws and setting your business up for success.

Online Platforms

There are quite a few online platforms that offer resources and support on how to start up an LLC, providing step-by-step instructions and helpful tools. You can even form an LLC using web-based services, but be prepared to pay a one-time or recurring fee.

How To Start an LLC: Final Thoughts

Forming an LLC is a smart choice for many small business owners thanks to benefits like liability protection, tax flexibility, and management freedom. With careful planning, informed decision-making, and the right financial backing, your business can thrive and achieve its full potential.

 

Josh Reynolds profile image

Josh Reynolds

Josh Reynolds brings to business journalism a diverse career spanning technology, marketing, and finance, with a deep dive into private equity and FP&A. His articles demystify complex financial concepts, making them accessible and actionable for small business owners.