LLC Filing Form: Everything You Need to Know
An LLC filing form is a form that must be filed with a federal, state, or local authority to ensure compliance with federal, state, or local laws.3 min read
2. LLC Tax Election Forms
3. Examples of LLC Forms and Fees
An LLC filing form is a form that must be filed with a federal, state, or local authority to ensure compliance with federal, state, or local laws and thus ensure an LLC’s good standing in the eyes of the law. Depending on one’s situation with their LLC, there could be few or many LLC forms that need to be filed. Some forms, like those pertaining to permits or licenses, are only necessary for certain businesses, while others, like those pertaining to LLC formation, are necessary for all businesses.
LLC Forms for LLC Formation
Forming an LLC is a multi-step process, some of which requires form filing. Those steps are:
- Choosing an LLC name. This is the first step in the process of LLC formation, wherein you will have to choose and register your LLC name with the Secretary of State. Usually, filing for a name will be taken care of when filing the articles of organization, but not always. Also, one may be able to file to reserve a name ahead of time.
- Filing articles of organization. Articles of organization are documents which provide basic information about your LLC to your state, including its name, address, and LLC members’ names. The filing fee for this is usually around $100.
- Publishing a notice of LLC formation. This is not required in all states, but in those states where it is, you must publish several notices in a newspaper in the community where your LLC is located. This notice informs the public that your LLC will soon be in operation. Once this is done, you must file an affidavit of publication with the LLC filing office.
- Obtain permits and licenses. If your business requires it, you will have to file applications for the permits and licenses necessary to run your business. These can vary from state to state and jurisdiction to jurisdiction, but some common ones you may need to file include a business license, a seller's permit, and a zoning permit.
LLC Tax Election Forms
There are a number of ways an LLC can file its tax forms. These are:
- As a single-member LLC. In this case, the IRS will treat it as a disregarded entity, and the sole LLC member will report their LLC’s expenses and income on Schedule C of their personal tax return, so long as their income exceeded $400 for the year. If it did not, they will not have to file.
- As a multi-member LLC. In this case, the IRS will treat it as a partnership, and the LLC will have to file an informational tax return (Form 1065) while its members report their LLC’s expenses and income in the same way they would if they were in a single-member LLC.
- As a corporation. This is only done by choice for a single- or multi-member LLC, and in this case the LLC will be required to file Form 8832 with the IRS, regardless of whether it had any income for the year. The LLC may choose to be taxed like this at the time of its formation, or it can elect this status at a later time. Choosing such a tax method does not change the LLC itself into a corporation.
Examples of LLC Forms and Fees
In addition to tax forms, there are numerous other forms that an LLC may have to file. These include, but are not limited to:
- Name Reservation Filing. Fee: $25. Expedited fee: $50.
- Reserved Name Cancellation Filing. Fee: $5. Expedited fee: $50.
- Reserved Name Transfer Filing. Fee: $25. Expedited fee: $50.
- Renewal of Assumed Name Filing. Fee: $25. Expedited fee: $50.
- Registered Agent Resignation Filing. Fee: $5. Expedited fee: $50.
- Domestic Application for Withdrawal Filing. Fee: $5. Expedited fee: $50.
- Correction Statement Filing. Fee: $25. Expedited fee: $50.
- Refund Petition Filing. Fee: $5. Expedited fee: $50.
- Denial Statement Filing. Fee: $10. Expedited fee: $50.
- Termination Statement Filing. Fee: $5. Expedited fee: $50.
- Conversion Articles Filing. Fee: $100. Expedited fee: $200.
- Designation Certificate Filing. Fee: $50. Expedited fee: $50.
- Registered Name Renewal Filing. Fee: $50. Expedited fee: $50.
- Registered Name Cancellation Filing. Fee: $5. Expedited fee: $50.
Additionally, there may be other forms an LLC must file to stay in business. If you need further help with LLC filing forms, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.