Starting a Limited Liability Company (LLC) in Indiana can be a smart move for entrepreneurs who want the liability protection of a corporation with the flexibility and tax advantages of a partnership. However, if you’re not familiar with the legal requirements, the process can seem overwhelming. This guide breaks down the steps to start an LLC in Indiana, step by step. Let’s get started!
Step 1: Choosing a Name for Your LLC
First off, picking a name for your LLC is super important. Make sure the name is unique and has not been taken by another business in Indiana. Your LLC name should include phrases like ‘Limited Liability Company’ or abbreviations like ‘LLC.’ Avoid terms confusing your LLC with a government agency (like the FBI, Treasury, etc.). You can do a quick, free name check to see if your chosen name is available. If you are considering getting a website name that matches your business name, you can find good deals for your domain names on Namecheap.
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Step 2: Hire a Registered Agent
Next, you’ll need a Registered Agent. They handle legal documents for your LLC. This person or company will handle all your important paperwork. They must have an Indiana address and be available during business hours. Remember, that while someone in your LLC can be the Registered Agent, their address will be public. Alternatively, you can use a legal service specializing in this area, services to Complete the Formation Process. You can bypass these six steps by using a third-party service such as Northwest Registered Agent.
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Step 3: File LLC Articles of Organization
Now, let’s make it official! You need to file the LLC Articles of Organization with the Indiana Secretary of State.
Form to Fill: You’ll fill out the Articles of Organization form (Form 49459) with the Indiana Secretary of State.
Cost: It costs about $95 to file this form (online) or $100 (mail).
How to Send Your File:
- Online: File easily at Inbiz.
- By Mail: Send it to the Secretary of State, Business Services Division, 302 W. Washington Street, Room E018, Indianapolis, IN 46204.
- In Person: You can also submit it at the same address.
Step 4: Make Your LLC Operating Agreement
Alright, let’s talk about setting up some ground rules for your business. This is where an Operating Agreement comes in. Think of it like a handbook that explains how your business runs. It’s really important because it helps everyone understand their role and what’s expected in your LLC.
Here’s what an Operating Agreement usually includes:
- Ownership: This part talks about who owns what percentage of the business. I
- Member’s Rights and Responsibilities: Here, you’ll write down what each person in the LLC can and cannot do, and what they’re responsible for. It’s like a job description for each member.
- Joining & Leaving: This section is all about how new people can join your business and what happens if someone decides to leave. It’s good to have this figured out so there are no surprises later.
- Dissolution: This might sound a bit gloomy, but it’s practical. It’s about how to close down the LLC if you ever need to. It includes the steps to take and how to handle everything when wrapping up the business.
Creating an Operating Agreement is a smart move. It keeps things clear and organized, so everyone knows what to expect. It can save you a lot of headaches down the road!
Step 5: Getting Your Indiana EIN
Your business needs a number called an EIN from the IRS. It’s like an ID number for your business. This number will help you as an identification number when getting bank accounts, credit accounts, filing taxes, and hiring employees.
It’s free and you can get it from the IRS website at https://www.irs.gov/businesses/small
Step 6: Obtain Additional Permits and Licensing
Depending on your business type, you might need specific licenses and permits.
- Federal Licenses and Permits: Check if your business requires any at the U.S. Small Business Administration (SBA) website.
- State Licenses & Permits: Find info on Indiana-specific licenses at the State of Indiana’s Professional Licensing Agency Website.
- Local Licenses & Permits: Contact your local city or county government for any local requirements.
Step 7: File a Business Entity Report
In Indiana, LLCs must file a Business Entity Report.
- Where and Cost: File online at Inbiz for $32 or by mail for $50.
- Frequency: This report is due every two years.
New 2025 BOI Reporting Update
Effective March 26, 2025
Big update for business owners: As of March 26, 2025, U.S.-based companies no longer need to file a BOI report. This is a major change from the 2024 rules. If you run a domestic LLC, corporation, or similar entity inside the U.S., you’re no longer required to file Beneficial Ownership Information reports unless you’re registered as a foreign entity. Here’s what you need to know now:
First Report Deadlines:
- U.S.-Based Entities: If your company is formed and based in the U.S., you’re now exempt—no deadline, no filing.
- Foreign Entities Registered Before March 26, 2025: You must file your first BOI report by April 25, 2025.
- Foreign Entities Registered On or After March 26, 2025: You have 30 days from the date your business is registered in the U.S. to file your BOI report.
Who Needs to Report:
- Domestic Reporting Companies: No longer required to report as of March 26, 2025.
- Foreign Reporting Companies: If your company is formed outside the U.S. but registered to do business here, you still need to report.
Exceptions to Reporting:
Some foreign companies may be exempt. You’ll want to check the latest rules under 31 CFR § 1010.380(c)(2) and the official Small Entity Compliance Guide from FinCEN to confirm.
What Must Be Reported:
The report focuses on transparency. If you’re a foreign company that needs to file, you must report:
- Your company’s legal name, any trade names, and its business address.
- The jurisdiction where it was formed and its U.S. registration details.
- The full name, date of birth, home address, and ID number (plus an image of the ID) of each person who owns or controls the business.
When Must Reporting Companies File Reports:
- Foreign companies formed before March 26, 2025: File by April 25, 2025.
- Foreign companies formed after March 26, 2025: File within 30 days of registration.
Filing Reports & Noncompliance Penalties
- Where to File: All BOI reports must be submitted electronically through FinCEN’s official portal.
- Cost: Filing is free.
- Accuracy: You’re required to certify that the information is true and correct. Double-check your report before hitting submit.
- Penalties for Noncompliance:
- Up to $10,000 in fines
- Up to 2 years in prison if you knowingly provide false information or skip the filing.
- Safe Harbor Rule: If you realize you made a mistake in your report, you get 90 days to file a corrected version without penalty.
If you need help filing, you can use a third-party service or visit the official FinCEN website for full guidance.
What to Do After You’ve Started an LLC
Open a Separate Business Bank Account: Keeping your personal and business money apart is super important. Mixing them up can cause significant problems, like losing the protection of having an LLC. This mix-up is sometimes called “piercing the corporate veil,” it can put your personal stuff, like your car or house, at risk if your business runs into trouble. To open a business bank account, you’ll need:
- Your LLC’s Articles of Organization.
- Your Operating Agreement.
- Your Employer Identification Number (EIN).
When picking a bank for your business, consider the fees, minimum deposits, and the benefits (like earning interest) they offer. Look for features that help your business, like using a debit card to pay for things.
Get a Business Credit Card
A business credit card is an excellent tool for handling business purchases and can help build your company’s credit history. Just like with personal credit, a good business credit score can make it easier to get loans and may qualify you for better terms. Check our favorite credit card for your business.
Set Up Your Finances Right: Use good habits to track your money. This means not mixing your cash with your business’s. Good record-keeping makes tax time less stressful and helps avoid problems with the rules. You should use a program like QuickBooks to track your money, inventory, payroll, and sales. Talking to professionals like accountants or business lawyers is also intelligent, especially in understanding Indiana’s tax rules. Find experts who know a lot about the area where your business is.
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Starting an LLC in Indiana is a big step towards your entrepreneurial dream. It might seem like a lot, but with this guide and a bit of patience, you’re well on your way! Remember, Northwest Registered Agent can handle the paperwork if you need a hand with the process. Don’t hesitate to reach out to them!
Northwest Registered Agent
Northwest Registered Agent helps you form and maintain your business with reliable, straightforward service. They offer LLC formation, registered agent services, and compliance tools to keep your company in good standing. Known for its strong privacy protection and US-based customer support, Northwest doesn’t upsell unnecessary extras and gives you direct access to real experts when you need help.
BEST OVERALL FOR BUSINESS FORMATION
Why is Their Pricing Affordable?
- Transparent Costs: They tell you exactly what you’re paying for, so you can make informed decisions.
- Competitive Rates: Their prices align with your expectations for top-notch services, ensuring you get good value.
- One-Stop Shop: Since they offer a whole suite of services, you can bundle things together, potentially saving time and money.
- Location: They’re headquartered in Spokane, Washington, but don’t worry – they have offices in all 50 states. So, wherever you are in the U.S., they’ve got local expertise ready for you.
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Core Services
- LLC Formation: Dreaming of starting your own LLC? They can help make that happen.
- Registered Agent Service: The main event – they’ll be your reliable point of contact for all those essential legal documents.
- Address Privacy: Keep your address off the public records. It’s all about your privacy.
- Lifetime Customer Support: Got questions? They’re there for you, not just today, but for the life of your business.
- Annual Report Reminders: Never miss a deadline with their handy reminders.
- Online Document Dashboard: All your important documents are organized in one easy-to-access place.
Additional Services (Because There’s Always More)
- EIN Number: They can help you get your business’s unique tax ID.
- Annual Report Service: Let them handle your annual reporting needs.
- Operating Agreements: Need help with the rules for running your LLC? They’ve got you covered.
- Virtual Office Service: Get a professional business address without the office.
- S-Corp Election: Thinking about S-Corp status? They can help with that.
- Mail Forwarding Service: Keep your mail organized and forward it where needed.
- Foreign Qualification: Expanding your business to new states? They can assist.
- Legal Forms: Access a variety of legal forms easily.
- Legal Services (in Indiana): If you’re in Indiana, they’ve got specific legal services just for you.
- Incorporation Services: More than just LLCs, they can help incorporate your business, too.
So, if you’re looking to create an LLC, Northwest Registered Agent is like having a wise old friend in the industry. They ensure everything runs smoothly, keeping you focused on what you love – growing your business.