Idaho LLC Formation

Idaho LLC Formation Attorneys & Lawyers for Hire

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Steven S.

Steven Stark

266 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Richard G.

Richard Gora

155 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Joshua G.

Joshua Garber

194 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Nadia M.

Nadia Munoz

Nadia’s Munoz’s law firm, Munoz Law PC, has a simple mission: provide affordable legal services to startups. Nadia hopes to empower and teach business owners about how to make informed business decisions and, ultimately, create a successful business. Creating client-attorney relationships is important to her and she will make sure she knows your business inside and out in order to provide the best legal advice possible.
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Darryl S.

Darryl Scott

2 reviews
Darryl Scott is an attorney at law with more than eight years of experience. He has been licensed to practice law in Texas and is also a member of the Texas Patent Bar. Darryl obtained his degree in law from the South Texas College of Law. Darryl primarily specializes in patents. He is also experienced in trademark and copyright law. Darryl has been serving as an attorney at Howard L. Speight, PLLC, since June 2014.
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Andy A.

Andy Anderson

After spending 4 years working for Titus Brueckner & Levine PLC, Andy Anderson is now an Attorney for Provident Law, PLLC. Serving both businesses and individuals, he aims to operate and protect this client's business ventures. When dealing with a startup, he counsels on choice of entity and agreements between founders during crucial initial stages. Anderson studied with the University of Arizona, James E. Rogers College of Law and graduated with his J.D. in 2009.
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Charles H.

Charles Hutchinson

Charles Hutchinson is not only licensed to practice law in Illinois, but he is also a longtime resident in Wilmette. Attorney Hutchinson has an entrepreneurial spirit of his own and helps new entrepreneurs start and manage their businesses by forming and executing on contracts. In addition to business law, Mr. Hutchinson practices property tax law, estate planning, and handles traffic violations.
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Joel R.

Joel Ruffini

1 review
Joel Ruffini focuses on helping entrepreneurs figure out where to start when it comes to building their business. He offers services such as entity formation, contracts, investments, and advice for tech companies. Because he views himself as an entrepreneur as well, he is able to relate to the needs of his clients. He currently has his own practice, but before that he worked for several highly regarded firms.
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Christopher V.

Christopher Velez

Christopher Velez is a general business attorney that specializes in commercial law, estate planning, probate law, employment law and related legal practice areas. He has a license to practice law in Kansas and received his degree in law from the Washburn University School of Law. Christopher has been acting as the principal attorney at his own law office since 2013, where he provides professional legal services to corporate clients in his local area.
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Lee C.

Lee Carr

Lee Carr knows the oil and gas industries and can help your company with numerous business matters from real estate to mergers and acquisitions. Experience with business formation and commercial contracts also comes with that type of experience. Mr. Carr can also help businesses deal with debt problems, insolvency, and bankruptcy. He can even bring a case to court as well.
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Why use UpCounsel to form your LLC in Idaho?

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Why use UpCounsel to form an LLC in Idaho

Starting an LLC in Idaho with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

Starting an LLC in Idaho with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in Idaho with UpCounsel, the attorney you choose to help you will conduct a business name search for your Idaho LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Certificate of Organization have been prepared and successfully filed with the Idaho Secretary of State, your Idaho LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a Idaho LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Idaho Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company.

It must be distinguishable (not the same as or deceptively similar to) the name of any Idaho Limited Liability Company or foreign LLC reserved or registered and cannot contain the words implying the LLC was formed for a purpose for which it is not organized.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Idaho Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of Idaho.

Certificate of Organization: When forming an LLC in Idaho, the Certificate of Organization must be filed with the Idaho Secretary of State. Idaho state law requires that certain information be included in your Certificate of Organization when forming your Idaho LLC.

This information must include:

  1. The LLC's name and address.
  2. The name and address of the LLC's registered agent.

Additionally, a Idaho LLC formation generally requires inclusion and/or consideration of the following:

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

LLC Operating Agreement: Although the LLC operating agreement is not required with the Certificate of Organization, it is a good idea for every LLC with more than one member to have one. If an operating agreement is created, it need not be filed with the Certificate of Organization.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Certificate of Organization or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Resident Agent needed for a Idaho LLC

Remember every Idaho LLC must have a registered agent in Idaho, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent may be a Idaho resident or business entity authorized to do business in the state. However, the registered agent must have a physical Idaho street address.

Idaho Secretary of State

Once you create an LLC in Idaho, the Idaho Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Idaho Secretary of State.

Recurring Responsibilities and Duties for Idaho LLCs

Annual Report: Each limited liability company shall provide an annual report to the Idaho Secretary of State regarding its financial condition to each of its members.

Records: Each Idaho limited liability company must keep the following records open to inspection at its office:

  1. A current list of all current and former members and managers.
  2. A document listing the amount of cash and/or agreed value of property or services contributed by each member.
  3. A copy of the Certificate of Organization and all amendments thereto, together with any powers of attorney pursuant to which the Certificate of Organization or any amendments thereto were executed.
  4. Copies of the limited liability company's federal, state, and local income tax or information returns and reports, if any, for the three most recent taxable years.
  5. A copy of the LLC's Operating Agreement, if in writing, and any amendments thereto, together with any powers of attorney pursuant to which any written operating agreement or any amendments thereto were executed.
  6. Time or events that would trigger an additional member contribution.
  7. Any documents specifying any events that would require the LLC's dissolution.

Business Licenses: Business licenses and/or permits are required for most businesses. Contact the Idaho Secretary of State for specific licenses.

Filing Fees for a Idaho LLC

The processing fee for the Certificate of Organization is generally about $100. Also, the filing and reservation of the LLC's name is $20. These fees can change so it would be best to check with the Idaho Secretary of State on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a Idaho LLC

A Idaho LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity," so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

Idaho state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Idaho as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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