How to Form an LLC in Louisiana

Extended Version

Form an LLC in Louisiana. Learn how to get an LLC name, registered agent, Articles of Organization, operating agreement, and EIN. This guide provides step-by-step instructions on setting up an LLC for Louisiana.

You might be unsure where to start if you are considering starting a Louisiana business. We can show you how to form your Louisiana limited liability company (LLC). This is a great place to begin!

This guide will show you how to create an LLC in the Pelican State. LLCs offer many benefits, including flexibility in management and protection of personal assets. We will explain Louisiana’s unique rules for forming LLCs.

This guide to starting an LLC in Louisiana offers step-by-step instructions for filing documents, obtaining tax IDs, and setting up company records.

If you want to use an LLC formation service, visit our list of the best LLC services in Louisiana.

Forming an LLC in Louisiana – Brief Summary

LLC Louisiana – To form a Louisiana LLC,  you’ll need to file the Articles of Organization with the Louisiana Secretary of State, which costs $100. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your Louisiana Limited Liability Company.

The most used business structure, LLCs, are very affordable and allow owners to be flexible. Your LLC legalizes the establishment of your business. This reduces your personal liability and allows you more tax flexibility.

Louisiana LLC Formation Guide

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	Louisiana Secretary of state – Commercial division Search
   Name Reservation	Optional
   Suffix:	Shall contain the words, “limited liability corporation”, the abbreviation L.L.C. “, or simply the abbreviation L.C.” For low-profit limited responsibility companies, you will need to include the words “low profits limited liability company”, or the abbreviation “L3C”. Louisiana RS §12:1306

2. Appoint a Registered Agent in Louisiana

   Before you register to create your Louisiana LLC in Louisiana, you will need to decide who your Louisiana registered agent will be. Registered agents are the business’s legal appointees for receiving notices of lawsuits and other legal/government notices.

   The state law requires that every LLC has a registered representative. The Louisiana Secretary of State – Commercial Division designates the registered agent.

Visit our guide on Louisiana Registered Agents

1. Louisiana Certificate of Formation

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

   Agency:	Louisiana Secretary of state – Commercial division
   Form:	Articles of Organization-Louisiana Limited Liability Company
   Filing Method
   Agency Fee	$100 + optional $30-50$50 expedite charge
   Turnaround:	~1 week. $30 expedite cost. You can also file in person while you wait to pay $50 expedite cost
   Law:	Louisiana RS SS12:1301 et seq.
   Notes:	Include these details when filing via mail Transmittal Information cover form Louisiana Limited Liability Company Articles of Organization Form 365 Form 973 for Initial Report of LLC Signature notarized Filing fee Louisiana also offers L3C structures, which have different formation requirements.

2. Make an initial report

   Agency:	Louisiana Secretary of state – Commercial division
   Form:	Additional Initial Report
   Agency Fee	Included in foreign qualification fees or incorporation.
   Notes:	For articles of organization to be filed, you should attach the first report.

3. Establish Company Records

   Your LLC must maintain correct and complete books, records, and financial statements. Your LLC’s original articles of organization will be the first document you keep. Your LLC will produce other official records like:

   • Minutes of the meeting
   • Operating Agreement
   • EIN verification letter
   • All amendments and filings made to LLC throughout its existence

4. Create a Louisiana LLC Operating Agreement

   It is possible to use a template to draft an Operating Agreement. This document will serve as the governing document. It describes the details of how the LLC operates, such as holding an annual conference. The agreement will then be approved by you at your organizational meeting.

5. Conduct an Organizational Meeting

   The organizational meeting, which is the initial meeting of LLC members, is the most important. You’ll need your filed articles and operating contract to hold this meeting. Keep the minutes from this meeting, and keep them in your company’s record book.

6. Get a federal employer identification number (EIN)

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

   Agency:	Internal Revenue Service
   Form:	IRS form SS-4
   Filing Method	Mail, phone and fax. online.
   IRS fee	$0
   Turnaround:	Instant online or by telephone 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 closing your session you should print your EIN. IRS Publi 1635: Understanding the EIN.

7. Get Louisiana State Tax Identification Numbers/Accounts

   Louisiana offers one consolidated application to register for state taxes.

   Submit to

   Louisiana Department of Revenue

   http://www.rev.state.la.us/

   Form:

   
   Application R-16019 for Louisiana Revenue Account #

   Filing Method

   Mail or

   Fee:

   $0

   Turnaround:

   Delivery time: 3 to 4 business days online, 4 to 6 weeks by post

8. Consider Electing C-Corp and C-Corp Taxation

   Your LLC will be subject to passthrough taxation by default. The majority of LLCs do not change this tax classification. Some LLCs are eligible to elect S-Corp or 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-Corp treatment allows you to offer employee benefits if your profits exceed $250,000. If you do, most of your earnings will be re-invested in the business.

9. Get Business Permits & Licenses

   It is necessary to obtain the required licenses and permits in order for your business to be legally operated. It’s easy to navigate through a large number of state, federal, and local requirements by searching for your business type using the Small Business Administration Business License & Permit lookup tool.

   Louisiana Business License

   NOT REQUIRED

   Louisiana does NOT require licensure as a general business license.

   Louisiana doesn’t have a general license for business at the state or local level.

10. To Maintain Your LLC, You Need to Continue Ongoing Filings

    You must file your federal and state taxes returns.

    Many states require business entities to file an Annual Report for good standing with the secretary. Below is a table that explains what an annual report for LLCs created in Louisiana.

    Louisiana Corporation Annual Report Requirements:

    Agency:	Louisiana Secretary of state – Commercial division
    Form:	Locate your company record to print the form.
    Filing Method	Mail or online.
    Agency Fee	$30 + $5 to pay by credit card
    Due:	Annual reports must be filed every year at the anniversary of registration. If you were established on February 14, your annual report should be due by February 14,
    Law:	Louisiana Laws.
    Original Ink	Not necessary
    Notarize:	Not required
    Penalties:	No late fee. The deadline for the dissolution of your business is 3 years.
    Notes:	Online filings for annual reports must be done no more than 30 business days before the due date. A filing can be made by an officer or director, manager member, partner, agent, or manager. You will need original signatures if you mail your application.

Louisiana LLC FAQs

How much does it cost to start an LLC in Louisiana?

Your situation will affect the cost of filing an LLC’s Articles of Organization. The standard filing fee is $100, but Louisiana offers two expedited options. Accordingly to your situation, the cost of forming an LLC in Louisiana can vary from $100 to several hundred dollars.

How is a Louisiana LLC taxed?

Because they offer limited liability protection, operational flexibility and pass-through taxes, LLCs are one the most popular business structures in Louisiana. They are a great way for business owners to avoid double taxation. The LLC’s income is passed directly to its members, meaning that the LLC pays no federal income taxes.

Each member then pays taxes as regular income on the earnings.Louisiana maintains state income tax pass-through unless an LLC chooses to be taxed corporation. Louisiana LLCs have a number of other obligations that are not income-related, including unemployment and taxes related to specific products or services.

Do I need to file my operating agreement with the state of Louisiana?

You do not have to file the LLC’s operating agreements with the state. Operating agreements are necessary to legitimize your company, avoid future disputes, and allow you to customize the rules of your LLC to meet your business’s requirements.

What tax structure should I choose for my Louisiana LLC?

Consider your tax options before you open an LLC in Louisiana. Many business owners choose pass-through taxation. LLC members pay federal and state taxes on income earned by the business. However, the LLC does not have to pay these taxes.

This is a departure from most corporations, where profits are taxed at both the business and individual shareholder levels. Some LLCs, especially those with high earnings, may opt to be taxed like corporations. In certain cases, being taxed like a corporation can offer tax benefits. It is a good idea to consult a professional who can explain each tax option’s pros and cons.

Does Louisiana allow a Series LLC?

Louisiana does not currently allow Series LLCs. This is where multiple LLCs operate under the same “umbrella” LLC entity.

Which licenses and insurance are required for an LLC in Louisiana? Louisiana businesses may also need licenses to operate beyond the documents required for forming an LLC.

These licenses include building permits, health permits, and zoning permits. Permits and licenses for business can be issued by the federal, state, or local governments. You may be required to obtain a liquor license, equipment rental, book publishing, or other industry-specific permits. Certain industries, such as construction and health care, require that organizations have insurance.

When do I file my Louisiana LLC annual report?

The due date for your annual report is the same date on which the state has officially approved your entity. If your company was formed on November 12, 2020, then your annual report must be submitted by November 12. Your Louisiana annual reports can be filed anytime within the 30 days preceding the deadline.

The state agencies don’t provide consistent reminders about when annual reports must be submitted. You may have to track your company’s annual report due dates by yourself.

Louisiana Business Resources

Louisiana Registered Agents

Louisiana LLC Services

Louisiana Business Name Search

Get a Louisiana Business License