4 Best Alabama LLC Services

Alabama LLC Fast Facts

• LLC Formation Speed: Usually within 24 hours
• Cost to File an AL LLC: $200
• How to File Your Certificate of Formation: File the Certificate of Formation online or by mail
• Annual Reports: Technically called the Business Privilege Tax; due date is determined by your fiscal year, with a minimum fee of $100 (graduated based on income)
• State General Business License: The Business Privilege License administered by the Alabama Department of Revenue; other industry licenses may apply

What Is an Alabama LLC?

LLCs are formal legal entities that are typically taxed similarly to sole proprietorships and general partnerships, in that the owners include any company profits or losses into their personal returns — the LLC itself does not owe income taxes.

An LLC may also elect to be taxed like a corporation, although this is not a very common option.

There are similarities to corporations too, especially when it comes to financial responsibilities. In an LLC, the owners or members are not usually personally accountable for the financial status of the business. This means that if someone sues your LLC, your personal assets are not at risk.

While Alabama does not legally require LLCs to create an operating agreement, it’s still strongly recommended. This document can help clear up any disagreements between your owners, and it’s also just generally convenient to have a roadmap of your LLC’s operational aspects.

Alabama’s LLC formations are somewhat expensive, although there are a few states with higher fees. Still, the Alabama Secretary of State charges $200 for the Certificate of Formation. You can pay by check, money order, or credit/debit card, or you can use an Alabama Secretary of State prepaid account. The state typically processes all business filings within 24 hours of receipt.

Alabama’s LLC maintenance requirements are reasonably affordable. This state requires LLCs to file a Business Privilege Tax Return and Annual Report each year, with a $100 minimum fee.

The Total Cost of Forming and Maintaining an LLC in Alabama

In addition to the costs of a business formation service or hiring an attorney (which are optional, as we’ve discussed), there are quite a few other required and optional expenses when forming and maintaining an Alabama business. You cannot form an LLC in Alabama without reserving your business name and filing the Certificate of Formation, the document that officially registers your business within the state. This filing costs a total of $200 to submit.

You will also need to file and pay the Business Privilege Tax every year, which serves as an annual report for the business. Unlike a lot of states, Alabama does not require a flat fee for this tax; the total tax is graduated based on income. The more your business makes, the more you’ll owe, so it’s reasonable to expect that this fee will change (and ideally grow) year over year. There is, however, a minimum fee of $100 regardless of what your business income is.

Last but not least, there are taxes to consider: most notably income taxes. You’ll also have to pay federal taxes, along with several others. For instance, if you have employees, you’ll pay unemployment insurance tax. If you sell goods or services, you’ll pay sales and use tax. Depending on the nature of your business, there could be other taxes required, so check with the Alabama Department of Revenue to make sure.

Other than that, the other potential expenses only apply to certain businesses. These include things like professional or industry-specific business licenses and business insurance.

Pros and Cons of Creating a Limited Liability Company

An LLC is one of the most popular entity types nationwide. But it isn’t the right type for everyone.

Only you can pick which entity type best fits you and your business; after all, you understand your business idea better than anyone. You have a clear vision for your products and services, both present and future.

To truly determine whether an LLC is right for you, it’s helpful to consider the advantages and disadvantages of LLCs.

Pros

• Easier to form and maintain than a corporation
• Personal asset protection
• Flexible taxation structure; can pay as a partnership or a corporation
• Business name is protected for exclusive use within state boundaries

Cons

• No authority to issue stock, so opportunities to raise capital are limited
• Fees are higher than partnerships or sole proprietorships
• Requires more paperwork than some entrepreneurs are comfortable with

Should You Form an Alabama LLC or Corporation?

Common characteristics

There are some common aspects of the LLC and the corporation, starting with the personal asset protection they both provide. Also known as limited liability, this personal asset protection ensures that if your business is sued, only the business assets are at risk. Meanwhile, your personal assets — like your house, car, personal bank accounts, investments, etc. — are protected by your LLC or corporation’s business structure.

In addition, LLCs and corporations both provide their owners with business name exclusivity. If you own and operate a sole proprietorship or general partnership, you will not have exclusive rights to your business name. Instead, if another company decides to use your name as its own, you won’t be able to stop them. In fact, they could even register your business name and gain exclusive rights to it, forcing you to come up with a new one.

Advantages of the LLC

In general, an LLC is quicker and easier to form than a corporation. LLCs usually need to provide less information for their formation documents than corporations do, and there are fewer steps in the process as well. For instance, LLCs don’t need to draft corporate bylaws, name officers or board members, hold initial board meetings, or issue stock. On the other hand, corporations need to do all of these things and more.

The LLC is also a less rigid business structure that allows its owners greater flexibility. The business structure of a corporation is inflexible, with many regulations dictating how the business should look and function. Meanwhile, LLCs have options for business management structure and ownership responsibilities that corporations simply don’t have.

Another even more valuable option LLCs have is that they can choose how they want to be taxed. Most LLCs are taxed as pass-through entities, which means the business itself does not pay taxes, but the profits are passed through the LLC itself to its owners, who pay taxes on this money on their personal returns. However, LLCs can also opt to be taxed like corporations (either as a C corporation or an S corporation), giving them more options for taxation than a corporation has.

Advantages of the corporation

Corporations have some advantages too, like the ability to sell stock. It’s quite difficult for an LLC to attract outside investments because it cannot issue stock. The vast majority of investors prefer stock as their investment medium, and it’s also very rare to see venture capitalists investing in LLCs. For these reasons, the corporation is a much better option for businesses looking to attract investments.

In addition, the corporation has been around for hundreds of years, while the LLC is a newer addition to the American business landscape. This means that the corporation has more established legalities and also that it’s easier to expand into other states because the corporation’s structure is essentially the same no matter where you form it.

How to Set Up an Alabama LLC on Your Own

Technically speaking, you don’t have to use an LLC formation service like ZenBusiness or LegalZoom. These services are incredibly helpful, but you can save money by completing the process yourself.

You can read our complete guide to DIY an LLC setup in Alabama, but here’s a quick look at the process:

Choose a business name

Every LLC in Alabama needs a name that’s memorable and gives potential clients a good idea of what goods or services are available. The name also needs to be unique — both for legal reasons and so your business stands out from the competition.

Appoint an AL registered agent

As we’ve mentioned in this guide, every LLC needs an agent who can accept service of process on your behalf. In all states, you can act as your own registered agent as long as you have a physical address in the state. That said, we generally recommend that you appoint someone else (like an online service) to act as your agent.

File the Certificate of Formation

This document, once filled out and filed, officially forms your business in the state of Alabama. You’ll need to provide some important information, including your contact information, your business address, signatures for your LLC’s members, and more. The fee is $200.

Setting up the LLC is as easy as 1-2-3; it’s the maintenance requirements that are a bit more complicated:

Register for and pay taxes

If you have employees, you’ll need to get an Employer Identification Number from the IRS. Then there are state-specific taxes, too. Alabama LLCs taxed as individuals will pay a rate that matches their income tax bracket; LLCs taxed as corporations will pay a fixed rate of 6.5%. You will also need to account for sales taxes (4%) and other miscellaneous taxes. More information can be found at the Alabama Department of Revenue.

Get licenses and permits

Alabama requires every business in the state to obtain a business privilege license, but that’s not the only requirement. Many businesses will also need to obtain professional licenses, too. You can find the guidelines for who must obtain these licenses here.

Create an operating agreement

Even single-member LLCs should create a “master document” that sets out how the business will operate, both now and in the future.

File your annual report

Each year, your LLC will need to file an annual report to update the state about the standing of your business. In Alabama, this report is technically called the Business Privilege Tax. There is a minimum tax of $100 each year.

Obtain business insurance

Every business with employees needs to maintain workers’ compensation insurance and a commercial vehicle policy for company-owned vehicles. You may also want to get a general business liability policy, too.

Get a business bank account

You should sign up for a business bank account so you can write checks and make purchases in the name of the business instead of pulling from your personal accounts (a legal no-no).

This is just the tip of the iceberg, though. For more detailed guidance, we recommend contacting an attorney or checking out the full Alabama LLC Formation Guide.