Idaho LLC Formation

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Steven S.

Steven Stark

380 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

190 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

253 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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Abid A.

Abid Aziz

Abid Aziz is a corporate attorney who has been providing legal services to corporate clients in California for the past three years. Abid is member of the California Society of CPAs and the California State Bar. He has a J.D. in law, which he obtained from the Santa Clara University School of Law. Abid specializes in real estate law, as well as labor and employment law. He has been an attorney at Viewpoint Legal Group LLP since December 2014.
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Stephanie G.

Stephanie Gai

2 reviews
Stephanie Gai is an immigration attorney that is also exceptionally experienced in dealing with legal matters related to real estate law. She recently obtained her J.D. in law from the Seattle University School of Law. Stephanie is licensed to practice law in Washington, D.C. Some of her corporate clients include Giorgio’s Legacy and Seattle Songpa Sandae Nori. Stephanie has been an associate attorney at Choi Capital Law since May 201.
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Adele U.

Adele Underwood

2 reviews
Adele graduated from Faulkner University, Thomas Goode Jones School of Law with a J.D. and an L.L.M. in Advocacy & Alternative Dispute Resolution. She also has a bachel... read more
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Tifani S.

Tifani Sadek

With crowdfunding and start-up companies on the rise, George S. Georgiades is there to help provide counseling services with his expertise in securities. Georgiades can offer a wide range of services in providing legal advice to emerging growth companies, investment advisors, and angel investors. As co-founder of Georgiades & Associates, he is your ideal General Counsel lawyer.
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Sharmian W.

Sharmian White

1 review
Sharmian White is a trademark and copyright attorney with more than two decades of experience. She holds a J.D. degree in law, which she obtained after graduating from the University of Texas Law School. Sharmian is licensed to practice law in the District of Columbia and in New York. In addition to her experience in trademark and copyright law, Sharmian is also skilled in legal research and writing. She has been an attorney at the Curry Law Firm since September 2016.
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Kaitlin E.

Kaitlin Edleman

Kaitlin Edleman is a business attorney with three years of experience. She is licensed to practice law in New York and she received her Juris Doctorate degree in law after she graduated from the George Mason University School of Law. Kaitlin primarily specializes in real estate law. She is also skilled in reviewing, negotiating and drafting commercial contracts. Since July 2015, Kaitlin has been serving as an associate attorney at Elke A. Hofmann Law, PLLC.
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Marshall H.

Marshall Harris

77 reviews
Marshall Harris is a corporate attorney with more than 40 years of experience. He specializes in drafting and negotiating commercial contracts, and often works with clients in need of legal assistance related to mergers and acquisitions. Marshall has represented Presara Technologies, Laurentian Capital Corporation and many other corporate clients. He has been the principal attorney at his own legal firm since February 2017.
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Why use UpCounsel to form your LLC in Idaho?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Idaho LLC the right way.
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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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