Idaho LLC Formation

Idaho LLC Formation Attorneys & Lawyers for Hire

Steven S.

Steven Stark Licensed in FL, NY

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.
240 reviews
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Richard G.

Richard Gora Licensed in CT, NJ

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.
151 reviews
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Joshua G.

Joshua Garber Licensed in CA

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.
176 reviews
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Todd K.

Todd Kulkin Licensed in NY

Todd Kulkin began his career at one of the largest law firms in the country, practicing in general liability defense and providing corporate and regulatory advice to major companies. Drawing on his experience as a civil defense litigator, he advises mitigating liability clients ranging from midsize businesses and startups to nonprofits. Mr. Kulkin has a JD in financial transactions.
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Richard D.

Richard Devlin Licensed in PA

Richard Devlin is a corporate attorney that specializes in startups. He is also experienced in dealing with legal cases related to financing and commercial contracts. Richard has 17 years’ experience and has a license to practice law in Pennsylvania. He has a J.D. in law, which he received after graduating cum laude from the University of Pittsburgh School of Law. Richard is currently a member of the Forefront Legal Group and the Vice President of Lombard International.
2 reviews
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Alexandria A.

Alexandria Andresen Licensed in NC

Alexandria Andresen is a business lawyer who has been practicing law for the past three years. She holds a license to practice law in North Carolina and obtained her legal degree from the Charlotte School of Law. Alexandria primarily specializes in dealing with legal cases that involve labor and employment law. Alexandria is also experienced in dealing with trademark and copyright law. Since August 2016, Alexandria has been serving as an associate counselor at Compass Group USA.
2 reviews
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Keith L.

Keith Long Licensed in CA

Keith Long serves as tax counsel for the California State Board of Equalization. He has experience representing clients in IRS audits, appeals, tax collection defense matters, debt collection, and contacting the IRS and Franchise Tax Board on behalf of individuals and businesses. Mr. Long received his JD along with his LL.M. in taxation from Golden Gate University School of Law.
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Tanner L.

Tanner Lakey Licensed in FL

Tanner Lakey is an attorney at law who serves corporate clients in Florida. He attended the St. Thomas University School of Law, where he obtained a J.D. in law after his graduation. Tanner specializes in trademark and copyright law. He has represented numerous corporate clients, including CoFit Inc and The 413 Lifestyle. Tanner has been serving as the legal affairs advisor at The Brewer Group since January 2017.
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Robert E.

Robert Ellis Licensed in CA, NY, WA

Robert has been an attorney for over 27 years and as a general counsel, he managed much of the activity of a successful Seattle-based wind energy company. He currently provides legal and consulting services to small and medium-sized businesses, particularly for green energy companies. During his career, Robert has spent time at sea as a ship’s officer.
11 reviews
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J.R. E.

J.R. Eppler Licensed in CA

J.R.’s legal experience is well-complemented with a Master of Business Administration. Whether a businesses is incorporating, structuring an investment, or negotiating a new relationship, his firm Eppler Legal will provide practical advice. He has worked with businesses from varied industries throughout their lifecycle and is a passionate advocate for entrepreneurs and small businesses.
1 review
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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.

Start Your Business Off Right with an Affordable LLC Formation Attorney in Idaho

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