How to start an LLC in Wisconsin in 2024
Updated 8:44 a.m. UTC June 19, 2024
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A limited liability company, or LLC, is a business structure that protects your personal assets from debts or liabilities your business may incur. The IRS allows each state to determine their own process for creating, maintaining and dissolving an LLC. Below, we’ll walk you through how to start an LLC in the state of Wisconsin.
The seven steps to start an LLC in Wisconsin are:
- Choose your LLC business name.
- Choose a registered agent.
- File your articles of organization.
- Create an operating agreement.
- Apply for an employer identification number (EIN).
- Register your LLC with the Wisconsin Department of Revenue.
- File an initial report.
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7 steps to start an LLC in Wisconsin
1. Choose your LLC business name
Under Wisconsin state law, there are a few requirements you’ll need to follow to name your business. Most importantly, the business name must be unique. In addition, as you are brainstorming names for your business, be sure to incorporate the Wisconsin naming guidelines.
Once you’ve landed on an appropriate name, determine if it is available for use in Wisconsin. To do so, search the Wisconsin Department of Financial Institutions to be sure your LLC name is not already being used by another Wisconsin-based company. If your name is already taken, refer back to the Wisconsin naming guidelines to learn your options for changing the name so it is unique enough to use. Or, come up with a completely different name and try again.
Once you’ve chosen a name, you can reserve it for 120 days by filing a name reservation application and paying a $15 filing fee. This prevents anyone else from registering your business name before you can officially claim it during your LLC’s registration process. Follow the instructions within the form to submit the reservation application.
2. Choose a registered agent
Wisconsin requires you to appoint a registered agent for your LLC. A registered agent is the person or entity that is designated to receive legal and government documents on your LLC’s behalf. This includes tax forms, annual report reminders and notifications that your LLC is being sued.
Rather than serving as your own registered agent, many LLCs opt to hire a registered agent to avoid adverse legal entanglements, penalties and business inconveniences. To choose the best registered agent for your business needs, read our guide on choosing a registered agent.
3. File your articles of organization
After naming your LLC and choosing a registered agent, you are ready to file your articles of organization. The articles of organization form is used to legally register your LLC with the state of Wisconsin. You can file online on the Wisconsin Department of Financial Institution’s website. Note that there is a $130 filing fee due at the time of your application’s submission. If you are a student entrepreneur, however, you can request a waiver for this fee.
New LLC reporting requirement alert
The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new reporting requirement for all non-exempt LLCs starting on January 1, 2024.
The requirement is called the Beneficial Ownership Information (BOI) report and it is estimated to only take about 20 minutes to complete.
Here’s what you need to know:
- LLCs formed before January 1, 2024 have until January 1, 2025 to file.
- LLCs formed between January 1, 2024 and January 1, 2025 have 90 days to file from the confirmed date of the businesses’ registration.
- New LLCs formed after January 1, 2025 will have 30 days to file from the confirmed date of formation.
For all details, FAQs and to file, visit FinCEN’s BOI website.
4. Create an operating agreement
While an LLC in Wisconsin is not required to include an operating agreement, it is highly recommended. This legally-binding document outlines the rules, regulations and procedures needed for the LLC to run and to protect its members.
Having one on file helps you to operate your LLC as you deem most appropriate even if state LLC operating rules dictate otherwise, defend your LLC in the court of law, protect your members’ limited liability protection and avoid LLC dissolution resulting from member disputes. In addition, it is often required to perform key business tasks, such as opening a bank account and accessing business funding.
5. Apply for an employer identification number (EIN)
An employer identification number (EIN) is issued by the IRS to identify your business for tax administration purposes. It is also useful for carrying out other key business tasks, such as hiring employees, opening your LLC’s bank account and applying for lines of credit or business permits. You can apply for an EIN for free on the IRS website.
6. Register your LLC with the Wisconsin Department of Revenue
In Wisconsin, different types of taxes may apply to your business depending on your business’s industry and activities. For example, if your LLC makes retail sales, leases or rents taxable products or services in Wisconsin, you must obtain a seller’s permit and pay a sales tax. Other taxes you may be required to pay include a consumer’s use tax and withholding tax (if you hire employees).
As such, you must register your business with the Wisconsin Department or Revenue, which will simultaneously allow you to apply for other tax permits as required. To register, visit the Wisconsin Department of Revenue’s my tax account page and follow the prompts. To learn more about how to prepare for your LLC’s state tax registration and its benefits, read our state tax ID guide.
7. File an initial report
Starting the year following your LLC’s formation, you must submit an initial report to update Wisconsin state on your business’s details. Following your initial report, an annual report is due each year at the end of the quarter in which the LLC was formed. Annual reports come with a $25 filing fee.
Here are the filing due dates based on LLC formation date:
LLC FORMATION DATE | ANNUAL REPORT DUE DATE |
---|---|
Between January 1 and March 31
| March 31
|
Between April 1 and June 30
| June 30
|
Between July 1 and September 30
| September 30
|
Between October 1 and December 31
| December 31
|
The easiest way to file your report is by setting up a Wisconsin one stop business portal account. When you sign up, you will receive email reminders of when these reports are due and tools to help you quickly fill out the form, such as an address book so you can reuse previously listed addresses.
However, you can also file without setting up the account as a guest. If you take this route, each year, the Wisconsin Department of Financial Institutions will send a letter to the registered agent of your LLC with instructions to complete the annual report online.
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Find the best LLC services for Wisconsin: Best LLC services of 2024.
Frequently asked questions (FAQs)
No, you cannot start an LLC in Wisconsin for free. The filing fee to submit your articles of organization form is $130. You may also have to cover other costs, such as reserving a business name, hiring a registered agent and submitting your LLC’s initial and annual reports. To learn more, read our cost to start an LLC guide.
Wisconsin LLCs are taxed as pass-through entities. This means that taxes are reported on the federal and state income tax returns of the LLC’s owners, managers and members. In turn, the business does not pay taxes of its own. If your LLC has full-time employees in addition to its owners, the business may need to pay employment taxes. For guidance on your LLC’s specific tax situation, consult with a Wisconsin certified public accountant (CPA).
In Wisconsin, you do need a registered agent to both file and maintain an LLC. Wisconsin allows you to choose your own registered agent. Many LLCs hire a registered agent service to fulfill this requirement to avoid adverse legal entanglements, penalties and operational disruptions.
Yes, all LLCs registered in the state of Wisconsin are required to file an annual report. The state will send a reminder notice to your LLC’s registered agent when it is time to file the annual report. If you have opened a Wisconsin one stop business portal account, you will also receive email reminders. You can then use the account to file your report and pay the $25 filing fee.
To dissolve an LLC in Wisconsin, first review your operating agreement and follow its instructions for dissolving your LLC. Then, file form 510 with the Wisconsin Department of Financial Institutions online and pay a $20 filing fee using a credit card or echeck.
Blueprint is an independent publisher and comparison service, not an investment advisor. The information provided is for educational purposes only and we encourage you to seek personalized advice from qualified professionals regarding specific financial decisions. Past performance is not indicative of future results.
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