How to Form an LLC in Indiana

This guide provides step-by’s instructions on setting up an LLC for Indiana.

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Overview

LLCs are one of the most popular business structures. This is because they are relatively inexpensive to form and allow owners to be flexible. Also, they are easy to manage. Legally forming your LLC will establish your business, limit personal liability, give you tax flexibility, and create a legal entity. As you move through this process, you will be guided step-by-step.

Step-by–Step Indiana LLC Guides

  1. Check Name Availability

    The legal name of your LLC cannot be used in conjunction with another registered name. A name search can help you find out if your name is available.

    Name Search Indiana Secretary of state – Business Services Division

    Search

    Name Reservation Optional
    Suffix: (d.) The limited liability company name must contain “limited liability company” and/or the abbreviation L.L.C. or “LLC”. The name of a master, limited liability company must comply to IC23-18.1-6-7.(b). The name for a series of limited liability companies must comply with IC23-18.1-6-7.c. and IC23-18.1-6-7.d.

    IC SS23 -0.5-3-2

  2. Nominate a Registered Agent

    Before you register to create an Indiana LLC, you’ll need to identify who your registered agent in Indiana will be. A registered agent can be described as a company’s legal appointee for receiving notices of lawsuits and other legal or official notices.

    The state law requires that every LLC has a registered representative. When filing Indiana articles of incorporation with the Indiana Secretary – Business Services Division, a registered agent is identified.

  3. Indiana Certificates of Formation

    Fill out the articles of incorporation to establish your limited liability company.

    Agency: Indiana Secretary of state – Business Services Division
    Form:
    Articles for Organization 49459
    Filing Method Mail, inperson or
    Agency Fee $100
    Turnaround: You can get it online in as little as 15 minutes. 24 hour access in-person 5-7 businessdays via mail
    Law:
    Indiana Code. Title23: Business and Other Assemblies. Article18: Limited Liability Companies.
    Notes: Send one copy of the original along with the other.
  4. Establish Company Records

    Your LLC must maintain correct and complete records. Your LLC’s original articles of organization will be the first document you keep. Your LLC will create many other official documents such as:

    • Minutes of the meeting
    • Operating agreement
    • EIN verification letter
    • Amendments and other filings made during the LLC’s lifetime

     

  5. You must create the Operating Agreement

    It is possible to use a template to draft an Operating Agreement. This document will serve as the governing document. It specifies the legalities of the LLC’s operation, such as holding an Annual Meeting. The agreement will then be approved by you at your organizational meeting.

  6. Hold the Organizational Meeting

    The organizational meeting, which is the initial meeting of LLC members, is the most important. In order to hold this meeting, you’ll need your operating agreements and the filed articles. Keep a log of this meeting, and save it in your company’s record book.

  7. Get a federal employer identification number (EIN).

    EIN is needed if the LLC will have multiple members or hire employees. EINs can also be required to open a bank or other financial account.

    Agency: Internal Revenue Service
    Form:
    IRS SS-4
    Filing Method Mail, phone and fax. Online.
    IRS fee $0
    Turnaround: You can get your order immediately online or by phone. By fax, it takes 4 business working days. 4-5 Weeks by mail
    Notes: The IRS website cannot be accessed outside of certain hours. Before you close your session print your EIN. Additional guidance is available at IRS Publi 1635: Understanding the EIN.
  8. Get Indiana State Tax Identification Numbers/Accounts

    Indiana offers a centralized state tax registration

    Submit to
    Indiana Department of Revenue

    http://www.in.gov/dor/

    Filing procedure:

    Formula BT-1: Indiana Business Tax Application.
    Guidance:

    Indiana Department of Revenue. Register New Business Page
    Fee:
    $0. $25 State fee for sales tax license
    Turnaround:
    48-72 Hours after submission, Indiana Department of Revenue emails you to inform you of the status of your request. If your application is approved, you will be issued a taxpayer identification number (TID). If there are still any problems with your application, you will be asked by the Department to get in touch.
  9. Consider Electing C-Corp and C-Corptaxation

    Your LLC will be subject to passthrough taxation by default. However, most LLCs continue to keep this tax type. Some LLCs are eligible to elect S-Corp, C-Corp tax treatment.

    • S-Corp treatment is an option that can help owner-employees making more than $75,000 annually to lower their self-employment taxes.
    • C-Corps face double taxation. First, the corporation pays income taxes and then members pay distribution taxes. C-Corps offer low tax rates on retained earnings, which can be beneficial if you have more than $250,000 in profits per owner.
  10. Get business licenses & permits

    It is necessary to obtain the required licenses and permits in order to operate your business legally. Search by type of business and your location to locate the Small Business Administration Business License & Permit lookup tool.

    Indiana Business License

    NOT REQUIRED

     

    Indiana does not require the licensure of General Business Licenses.

    Indiana does NOT have a general license for business at the state or local level.

  11. To Maintain Your LLC, You Need to File Ongoing Filings

    You will need to file your federal and state taxes returns.

    A lot of states also require businesses to file an annual statement to maintain good standing before the secretary. You can see the table below for information on Indiana LLCs.

    Indiana Corporation Annual Report Requirements:

    Agency: Indiana Secretary of state – Business Services Division
    Form:
    Indiana Business Entity Report
    Filing Method Mail or .
    Agency Fee $32 online and $50 by mail
    Due: Biennially, at the beginning of each month for which you were registered. If you are a foreign-qualified person or incorporation on March 15, then your annual reports must be filed every two years.
    Law:
    IC 21.5-2-13
    Penalties: No late fee. Your business may be dissolutioned or revoked within 120 days.
    Notes:
    • Anyone with authority may apply.
    • Original signatures are not necessary.

    As your LLC expands, you will need documentation to show customers and banks that your company is in good standing. After all the work required to form your Indiana LLC LLC, don’t let a missed year-end report cause your new business not to be in compliance.

Note: To form an LLC in your state, you can do the filing paperwork yourself or hire an LLC formation service.
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