Do These Steps in OrderPhase 1: Planning (Before You File)
- Decide on your business structure: LLC vs. Corporation (or S-Corp election)
→ LLC is usually best for asset protection + tax flexibility for solo or small teams. - Choose a strong, available business name
→ Must include “LLC” or similar, be unique in your state, and not infringe on trademarks. Search your state’s business database + USPTO. - Research the best state to form in
→ Usually your home state (avoids extra “foreign qualification” fees). Beware of hype around Delaware/Wyoming for most small businesses.
Phase 2: Formation Essentials
- Appoint a Registered Agent
→ Someone reliable in the state who can accept legal papers. (Tip: Don’t use your home address if you value privacy.) - File your Articles of Organization (or Certificate of Formation)
→ This is the official document that creates your LLC. Include accurate name, address, and agent info. - Create an Operating Agreement (highly recommended — even for single-member LLCs)
→ This internal document outlines ownership, decision-making, and profit sharing. It helps protect your limited liability status.
Phase 3: Right After Filing
- Obtain your Employer Identification Number (EIN) from the IRS
→ Free and required for banking, taxes, and hiring. - Open a dedicated business bank account
→ Never mix personal and business funds — this is one of the fastest ways to lose liability protection. - Get any required business licenses or permits
→ Local, state, or industry-specific (zoning, sales tax, professional licenses, etc.).
Phase 4: Ongoing Protection (Don’t Skip These!)
- Set up proper record-keeping systems
→ Keep minutes of decisions, contracts, and financials separate. - Understand and schedule annual requirements
→ Annual report / franchise tax in most states. Missing this can dissolve your LLC. - Review your tax setup
→ Default LLC is pass-through (reported on personal return). Consider S-Corp election for potential self-employment tax savings if profitable.
Bonus Tip: Many people save time and reduce risk by using a professional formation service instead of DIY — especially if you want fast filing, compliant documents, and ongoing support like registered agent service.
0 Comments