How to Create an LLC in Idaho

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How to Form an LLC in Idaho:
5 Simple Steps to Get Started
According to the IRS, each state may use different regulations around forming an LLC, and you should check with your state if you’re interested in starting a Limited Liability Company. To simplify the process of forming an LLC in the state of Idaho, we’ve put together a step-by-step guide to detail each step of the process and answer any questions you may have.

Step 1
Name Your Idaho LLC

Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of Idaho. You can quickly and easily do a name check on the Idaho Secretary of State business name database webpage to verify the business name you want is available. For a $20 filing fee, you can reserve a business name for 120 days by filing the Reservation of Legal Entity Name form online.

In order to comply with Idaho state law, your company’s name must contain some form of the term “Limited Liability Company.” This can appear as the whole phrase written out or the abbreviations “LLC” or “L.L.C.” You can also choose to use abbreviations for the words “Limited” and “Company” as “Ltd.” or “Co.” respectively. The words “bank,” “trust,” “trustee,” “incorporated,” “inc.,” “corporation,” “corp.,” “insurer,” “insurance company,” or any wording that suggests the company is an insurance business are not allowed in Idaho without providing a lengthy list of supporting documents.

Step 2
Appoint a Registered Agent in Idaho

The state of Idaho requires that any LLC have a registered agent for service of process. This means your LLC must have an entity that agrees to physically accept any legal papers on the company’s behalf should it be sued. This entity does not have to be an individual person. The registered agent can be any resident of the state of Idaho or a business entity authorized to do business in Idaho so long as the agent has a physical street address within the state.

Step 3
File the Idaho Certificate of Organization
To officially create your LLC in the state of Idaho, you’ll need to complete a Certificate of Organization of Limited Liability Company form and file it with the Idaho Secretary of State. For a $100 fee, this can be done either online or by mail for an additional $20 fee. To complete this form you will need to know the following:
  1. The final name and address of your LLC
  2. The name and address of the company’s registered agent
  3. The name and address of at least one “governor,” which is the term Idaho uses to describe either a manager or a member with decision-making authority

Step 4
Create an Operating Agreement

You may want to consider preparing an operating agreement to outline the ownership and operating procedures for your LLC.

Though not required by the state, an operating agreement will set the guidelines for running your company. This does not need to be filed with the state, but it can go a long way toward ensuring your company’s success.

Step 5
Apply for an EIN and Review Tax Requirements

An IRS Employer Identification Number (EIN) is required for your LLC unless it is a single-member LLC with no employees. Obtaining an EIN is as easy as completing the application on the IRS website.

It’s possible your company will need to register with the Idaho State Tax Commission (STC). Whether or not your company needs to follow this step will depend on the exact types of taxes it will be collecting and/or has been collecting from the state and if you have employees. To register, Form IBR-1 can be filed online or by mail.

If your LLC will be selling a physical product, you’ll need to register for a sellers permit through the Idaho State Tax Commission website. Additionally, if you have employees, you’ll need to register for Unemployment Insurance Tax through the Idaho Department of Labor and also register for Employee Withholding Tax through the Idaho State Tax Commission.

Other Considerations
Foreign LLCs and Business Licenses
Foreign LLCs

If yours is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of Idaho, you’ll need to follow all the steps above with a few differences.

The main difference is the form required to make your LLC legal to operate. You will need to file a Foreign Registration Statement with the Idaho Secretary of State.

The filing fee is the same as a domestic Idaho LLC at $100.

Business Licenses

Some industries will require you to secure federal, state, and/or local licenses to legally operate in the state of Idaho.

You can get federal licenses and perform an Idaho license and permit search on the appropriate licensing for your business.

Since business licenses and permits are issued at all levels of government, you should research which ones you need. You can also hire or use a professional service to do it for you.

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