How to Form an LLC in Nevada
This guide to starting an LLC in Nevada provides step-by-step instructions on filing formation documents, obtaining tax IDs, and setting up company records.
Overview
LLCs are the most popular business structure because they are inexpensive to form, provide flexibility to the owners, and are easy to run. Forming your LLC legally establishes your business, limits your personal liability, and gains tax flexibility. The following step-by-step will help you as you undertake this process.
Fast Facts: Your Budget and Timeline
Here is an overview of the total paperwork, cost, and time it takes to form an LLC in Nevada. Be sure to read the final step in this guide - "Ongoing Filings" - to understand your ongoing costs to maintain a compliant Nevada LLC.
- Articles of Organization Packet
- Operating Agreement
- IRS Form SS-4: Obtain an EIN
- Form APP-01.00 - Nevada Business Registration or online at the Nevada Tax Center
- LLC Formation: $75
- Initial report and business license: $125 filing fee + $200 business license fee
- Optional $125 expedite fee.
- Formation: ~1 week by mail. 24 hours for $125 expedite fee. File online immediately.
Step-by-Step Nevada LLC Instructions
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Check Name Availability
The legal name of your LLC may not conflict with any other registered name. Check availability of your desired name by conducting a name search.
Name Search: Nevada Secretary of State
Name searchName Reservation: Optional Suffix: The name of a limited-liability company formed under the provisions of this chapter must contain the words “Limited-Liability Company,” “Limited Liability Company,” “Limited Company,” or “Limited” or the abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.” The word “Company” may be abbreviated as “Co.”
NRS §86.171 -
Appoint a Registered Agent
Before you officially file to create your Nevada LLC, you will need to decide who your Nevada registered agent will be. A registered agent is a business's legal appointee to receive notice of lawsuit and other legal or government notices.
State law requires every LLC to have a registered agent. The registered agent is designated when you file Nevada articles of organization with the Nevada Secretary of State.
Our reliable registered agent service fulfills this requirement. You get:
- Same-day documents from our local office in Reno
- Immediate online access to state forms with our address and, where required, our signature
- Annual fees from $89 to $99 per state with no additional charges
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File Nevada Certificate of Formation
File the articles of organization to create your limited liability company.
Agency: Nevada Secretary of State Form: Filing Method: Mail, fax, in-person, or online at SilverFlume - Nevada's Business Portal
Agency Fee: $75 + optional $125 expedite fee
Turnaround: ~1 week by mail. 24 hours for $125 expedite fee. File online immediately.
Law: Nevada Revised Statutes - Chapter 86: Limited Liability Companies
Notes: - Your registered agent must sign.
- Professional LLCs have separate formation requirements.
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File Initial Report
Agency: Nevada Secretary of State Form: Filing Method: Mail or online.
Agency Fee: $125 (Plus $200 for the business license fee.)
Due: Initial reports must be filed with the articles of organization or foreign qualification.
Law: Notes: - Anyone with authority may file online. A manager must sign the paper form.
- Original signatures are not required.
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Establish Company Records
Your LLC must keep correct and complete books and records. Your filed articles of organization are the first documents for your LLC’s records. Your LLC will generate many other official records such as:
- Meeting minutes
- Operating agreement
- EIN verification letter
- Amendments and other filings made to the LLC throughout its lifetime
Organizations need a secure, centralized tool for managing and accessing sensitive records. Our Records Manager software offers a simple, efficient way for LLCs to store records, track members and managers, and customize meeting notifications.
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Create the Operating Agreement
Draft an Operating Agreement (potentially using a template) which is the governing document for the LLC. It defines the formalities of how the LLC will run itself such as holding an annual meeting. You will review and adopt the agreement at your organizational meeting.
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Hold the Organizational Meeting
The first meeting of the members of the LLC is the organizational meeting. You will need your filed articles of organization and your operating agreement in order to conduct this meeting. Keep minutes of this meeting and store them in your company record book.
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Get a Federal Employer Identification Number (EIN)
If your LLC has more than one member or will hire employees, it must obtain an EIN. An EIN is also often required to open a bank account.
Agency: Internal Revenue Service (IRS) Form: Filing Method: Mail, phone, fax, or online.
IRS fee: $0
Turnaround: Immediately online or by phone. 4 business days by fax. 4-5 weeks by mail.
Notes: The IRS website is only available during certain hours. Print your EIN before closing your session. For additional guidance, see IRS Pub 1635: Understanding Your EIN.
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Get Nevada State Tax Identification Numbers/Accounts
Register for state tax id(s) and accounts.
- Submit to:
- Nevada Department of Taxation
http://tax.state.nv.us/ - Form:
- Form APP-01.00 - Nevada Business Registration or online at the Nevada Tax Center
- Filing Method:
- Online or by mail
- Fee:
- $0
- Notes:
- Get your EIN first. Both the Nevada Business Registration and the Supplemental Application must be completed.
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Consider Electing S-Corp or C-Corp Taxation
By default, your LLC receives pass-through taxation and the vast majority of LLCs keep this tax classification. Some LLCs benefit from electing S-Corp or C-Corp tax treatment:
- S-Corp treatment can help owner-employees who earn more than ~$75,000 per year save on self-employment taxes. File Form 2553: S-Corp Election.
- C-Corps suffer from double taxation: the corporation pays taxes on profits then members pay taxes on their distributions. If profits exceed $250,000 per owner, you provide employee benefits, or you will re-invest most of your profit in the business, you may benefit from the low tax rates on retained earnings under C-Corp treatment. File Form 8832: C-Corp Election.
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Obtain Business Licenses & Permits
To run your business legally, you must obtain applicable licenses and permits. The easiest way to navigate the wide range of federal, state, and local requirements is to search by your business type and locality using the Small Business Administration Business License & Permit look-up tool.
Nevada State Business License
Agency: Nevada Secretary of State Law: NRS § 76.020.
One-Time Exemption Registration
Form: Filing Method: Mail or online.
Agency Fee: $0
Notes: Nonprofits that are qualified 501(c) organizations are eligible for exemption from the business license requirement.
Initial Registration
Form: Initial/Annual List Application (Applications for most entity types are included with the list of officers filing.)
Filing Method: Mail or online.
Agency Fee: $500 for business corporations and $200 for all other entities.
Penalties: The entity will be subject to additional penalties if the annual list and declaration form are not returned and in filing order by the due date of the annual list.
Registration Renewal
Form: Initial/Annual List Application (Applications for most entity types are included with the list of officers filing.)
Filing Method: Mail or online.
Agency Fee: $500 for business corporations and $200 for all other entities.
Due: File annually along with the annual list of officers.
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Ongoing Filings to Maintain Your LLC
You must file federal and state tax returns.
Many states also require business entities to file an annual report to maintain good standing with the secretary of state. If an annual report is required for LLCs formed in Nevada, view the table below.
Nevada Corporation Annual Report Requirements:
Agency: Nevada Secretary of State Form: Initial/Annual List of Officers and Directors - Profit Corporation
Filing Method: Mail or online.
Agency Fee: $150 minimum; see fee schedule.
Due: File an annual report by the end of your registration anniversary month. So if you incorporated or foreign-qualified on March 15, then your annual report is due every year by March 31.
Law: NRS § 78.150.
Penalties: $75 late fee. Entity loses 'good standing' and enters 'default' status. After one year, your business can be dissolved or revoked.
Notes: - Anyone with authority may file online. An officer must sign a paper form.
- Original signatures are not required.
For more details, see our Nevada annual report information center page.
As your LLC grows, you will need to demonstrate your company’s good standing to banks, customers, and other state agencies. After all the work involved in forming your Nevada LLC, don’t let a missed annual report filing cause your new business to fall out of compliance.
Tracking and filing annual reports on your own can be time consuming and lead to accidental lapses. Protect your LLC’s good standing with Managed Annual Report Service, which tracks and automatically files reports on time, every time, so you can focus on your business.
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