Whether you’ve been thinking about forming an LLC in Idaho for some time or not, you’ll need assistance getting the process started. This manual will walk you through the LLC creation process and provide you with essential information to maintain the viability and productivity of your LLC.
The state website provides information about each structure and may assist you in making the right choice for your business if you have questions about LLCs and if an Idaho LLC is the ideal entity for your enterprise.
The following actions must be taken in order to form an LLC in Idaho:
- Select a Name for Your LLC in Idaho
- Nominate a Registered Agent
- File Your Certificate of Organization
- Make an Operating Agreement.
- Obtain an EIN.
- Maintain LLC Compliance
How to Start an Idaho LLC
Step 1: Choose a Name for Your Idaho LLC
Naming your Idaho LLC can be as creative or as basic as the members want it to be. Some LLCs choose to just use the names of the members for the LLC formation and register an assumed name to conduct business under. Others choose to file their formation documents with the name they will use to conduct business. For example, an LLC that specializes in potato bread may want to form under the names of its co-members “Johnson and James, LLC” but the name under which they conduct business is “Pota-toast.”
You’ll need to follow certain naming guidelines if you want your formation to be accepted, including:
- Your name must contain the phrase “limited liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.” or “LC.”
- “Limited” may be abbreviated as “Ltd.,” and “company” may be abbreviated as “Co.”
- Your name must be distinguishable from any other business entity in Idaho
- Your name can’t use words that can be confused with government agencies (for example, “NSA” or “FBI”)
- Your name can’t imply association with professional services or licensure without getting state permission (for example, “Banking” or “University”)
Naming Tips
The name you choose will be the first point of contact for potential business partners and customers. It should be something that’s catchy and easy to remember. Try using alliteration or a play on words, like “Potato Planet LLC” or “Reach for the STARtch LLC. “
After coming up with a potential name for your Idaho LLC, search the business entity database to check if it’s available. If the name you want isn’t available, try substituting a key word for a synonym or rearranging the words.
Step 2: Nominate a Registered Agent
The registered agent is responsible for accepting service of process on behalf of the LLC and is also the first point of contact when the state needs to get in touch with the company.
An Idaho LLC registered agent can be any individual who is a resident of the state or a business entity that’s authorized to conduct business in the state.
While choosing a member of the LLC seems like the easiest option, there are professional registered agent services that specialize in taking on this task.
They’ll even send you reminders when annual filings are due to ensure your LLC remains in compliance. Some LLCs might choose to have their attorney act as their agent; that way, if the LLC is sued the lawyer is the first person to get notice and can start counseling right away.
Step 3: File Your Certificate of Organization
Filing the certificate of organization is perhaps the most important step in figuring out how to start an LLC in Idaho. This form is the official notice and registration document that alerts the state of the individual’s intention to form an LLC. All Idaho Secretary of State LLC forms can be filed online or through the mail and must include the following information:
- Name of your LLC
- Mailing address of the principal office
- Name and address of the registered agent
- Name and address of the LLC’s governor (can be a member or manager of the LLC)
- Address for future correspondence
- Signature and contact information of LLC organizer
The processing time is about 7 to 10 business days, but for an extra $100 you can get same-day processing. The processing time is about one month if you mail your forms.
Step 4: Create Your Operating Agreement
While an Idaho LLC operating agreement is not required by the state when forming your company, it’s a step that’s highly recommended if you want your company to be successful.
This agreement generally outlines the business’s operations and the relationship between the members and the company.
Your Idaho LLC’s agreement can memorialize any decisions made between the members and will act as a binding contract to hold the members and the company accountable if a disagreement should arise down the road.
Without an agreement in place, your LLC will be governed by Idaho LLC laws, which might not be in your business’s best interests.
Imagine that members of an LLC create a company just so they can make some extra money to put towards their children’s college tuition. The members verbally agree that the LLC would last only until the youngest of all the members’ current children turned 18.
Twenty years pass, the last of their children finally turns 18 and the members are ready to retire and dissolve the LLC — however, one of the members decides to adopt a newborn and wants the LLC to endure until that child turns 18.
Without an operating agreement in place detailing the dissolution agreed upon 20 years ago, there’s room for the members to disagree about the endurance of the company. That will likely lead to a messy dissolution and damage members’ relationships.
Some common details to include in an operating agreement are:
- New member initiation details
- Dissolution
- Voting protocol
- Day-to-day company operations
- Company mission statement
- Management structure
- Allocation of profits and losses
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Step 5: Get an EIN
An employer identification number (EIN) is mainly used by the IRS for tax purposes but can be used for other essential business operations.
Only companies with multiple members or employees are required to get one, but even the owner of a single member Idaho LLCs can benefit by having an EIN if they want to:
- Open business bank accounts
- Secure vendors
- Hire employees
- Apply for business licenses
- Keep their Social Security number private
Getting an EIN is quick and free using the IRS online application portal. This nine-digit number can help build credibility when working with other businesses or suppliers by letting them know your Idaho LLC is registered with the IRS.
Step 6: Keep Your LLC Compliant
The first five steps are focused on setting up an LLC in Idaho, but you’ll need to take additional measures to keep it active and thriving.
Get Licensed
Depending on the type of business you’re starting, you may need additional licensing from the state or county in which you are operating.
Idaho has a questionnaire sequence that provides a list of offices to contact for further information and a checklist of required licenses.
Many counties have their own licensure requirements or additional taxes, you’ll need to contact your locality for more information.
File Your Idaho LLC Annual Report
There’s no Idaho LLC annual fee, but you must file a report by the end of your LLCs anniversary month each year. Failure to file within 60 days will trigger the state to forcibly dissolve your company.
By creating an online account, you can file the report and sign up for reminders, so you don’t forget to submit and risk dissolution.
Comply With LLC Tax Filing Requirements
Taxes can be implemented from the federal, state and local levels. To keep your company in compliance, you should familiarize yourself with the requirements of each. Your LLC could hire an accountant or tax attorney to ensure you don’t miss any important filings.
Federal Tax Filing
Since LLCs are considered pass-through tax entities, meaning the LLCs profits pass through to the members who will pay taxes on the LLC income, you’ll only need to report your LLC’s income to the IRS. You’ll file a Form 1040 (single-member LLC) or a Form 1065 (multi-member LLC) and Schedule K-1 forms for each individual member.
State and Local Taxes
In Idaho, the tax code for LLCs can be difficult to understand and varies based on several factors, such as how many members your Idaho LLC has and how profits are allocated to members. At a minimum, there’s a $10 tax on all LLCs. The Idaho State Tax Commission has several guides available to answer any questions you may have, with contact information for specific queries.
If your LLC has employees, you’ll need to register your company so you can pay employer taxes and state unemployment insurance taxes. If your Idaho LLC sells goods to Idaho customers, you’ll need to collect and pay sales tax as well. Once your LLC is registered, you’ll get a seller’s permit that allows you to pay sales taxes online.
Start a Website
Once your company is up and running, you’ll want to focus more on how to grow your business and optimize your brand. One of the best ways to do this is by purchasing a domain name and creating a website.
A webpage isn’t just for businesses who sell products online. You can use a webpage as a point of contact for potential clients and to give more information about your company’s mission and management.
Local Resources
For more information about how to grow your business, here are some local websites and organizations that can provide consultation and help find funding opportunities for your business:
- Questionnaire that puts your Idaho LLC in contact with assistance programs and other grants
- Small business development consultation and trainings offered at regional offices
- List of angel investors and other help centers for small businesses
Pros and Cons of Forming an LLC in Idaho
Pros
- Idaho has no state minimum franchise tax and inexpensive filing fees, making LLC formation very affordable
- Idaho LLCs can choose pass-through taxation to avoid corporate taxes
- Idaho does not require public disclosure of LLC members or managers
Cons
- LLC owners must pay Medicare and Social Security taxes on their share of profits, increasing tax responsibilities
- With a smaller population, Idaho offers fewer networking opportunities and support programs to new businesses
The Bottom Line: Forming an LLC in Idaho
In Idaho, creating an LLC just takes a few simple steps and is a reasonably simple procedure. To make paperwork easier, the state offers a wealth of materials, including template forms and step-by-step instructions. Examining top LLC formation services may also help to expedite the procedure.
Want to Learn More About Starting an LLC In Idaho?
There’s never been a better moment to begin setting up your Idaho LLC. Of course, you can do it yourself, but if you’d want to save time and ensure accuracy, you may delegate the labor-intensive task to a reliable online service.
Legal Notice: Nothing in this article should be construed as establishing an attorney-client relationship. Although it offers basic legal information, it does not represent expert legal advice for your specific case. You should consult an attorney licensed in your area if you have any legal issues.
Frequently Asked Questions: Idaho LLC Formation
What if I already have an LLC in a different state?
If you already have an LLC in a different state and want to operate in Idaho, you’ll typically need to register as a foreign LLC in Idaho. This process involves filing the necessary forms and paying the required fees to gain legal recognition to conduct business in the state.
Can I create a series LLC in Idaho?
Idaho does not officially recognize series LLCs. It’s advisable to consult with legal counsel or the Idaho Secretary of State for the most current information
Can I file my LLC documents online?
Yes, you can file your LLC documents online in Idaho through the Idaho Secretary of State’s website.
How long does it take to create an LLC and can it be expedited?
The timeline to create an LLC in Idaho can vary, but it generally takes several weeks. Expedited processing is available for an additional fee, which can significantly reduce the processing time, typically to a matter of days.
The exact timeframes and fees for expedited processing may change, so it’s essential to check with the Idaho Secretary of State for the most up-to-date information.
