How to Start an LLC in Kentucky: 2024 Step-by-Step Guide

Using an LLC Formation Service

Small business entrepreneurs can benefit from online LLC services to establish their Limited Liability Companies (LLC). These services will help file the necessary documents, allowing small business owners to focus on running their businesses. They have features like guaranteed acceptance by the state, assistance with the EIN application, registered agent service, and drafting of operating agreements. Online LLC services can be a reasonable and worthwhile cost.

Business owners can customize these packages to suit their individual needs. If you want to compare services and costs before deciding, you can choose from several options. Northwest Registered Agent, Swiftfilings, and Bizee LLC services are the most popular choices and have the best ratings.

Forming an LLC (Limited Liability Company) in Kentucky can be simple. An LLC is a famous business structure that offers personal liability protection like a corporation and the flexibility and tax benefits of a partnership. These steps quickly guide the LLC formation process in Kentucky.

Step 1: Choose a Business Name

The first step in creating your LLC is picking a unique name. Your LLC’s name identifies your business and plays a vital role in branding. In Kentucky, your LLC name must include “Limited Liability Company” or its abbreviations (LLC or LLC). 

Here are the guidelines you must follow: 

• It must be different from other business names already registered in the state.
• Avoid restricted words without licenses (e.g., Bank, Attorney, University).
• It must end with “Limited Liability Company” or one of its abbreviations (LLC or LLC).

It can differ from existing business names registered in Kentucky, so you’ll need to check the availability on the Kentucky Secretary of State’s website or 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.

Step 2: Hire a Registered Agent

Like in other states, your LLC must have a registered agent in Kentucky. A registered agent is a person or company that agrees to receive legal papers on behalf of your LLC, ensuring you get all important legal notices. The agent must have a physical address in Kentucky and be available during business hours. You can act as your registered agent, choose someone you trust, or hire a professional service like Northwest Registered Agent, Swiftfilings, or Bizee.

Check out our blog: ‘Is a Registered Agent Necessary? Your Guide to Finding an Affordable Option‘

Step 3: File Your Articles of Organization in Kentucky 

The most crucial step in forming your Kentucky LLC is filing the Articles of Organization with the Kentucky Secretary of State. 

What to Include in Your Articles of Organization:

• LLC Name: Ensure you include the full legal name of your LLC, followed by “LLC” or “Limited Liability Company.”
• Mailing Address: If your business receives mail at a location different from its physical address, list that here.
• Registered Agent: Designate a registered agent who will handle official documents for your LLC. Include their full name, address, and contact information. They must formally agree to act as your registered agent.
• Management Structure: Indicate whether your LLC will be member-managed (by you and any other owners) or manager-managed. List the names and addresses of the members or managers. For privacy, you may use a P.O. box for addresses.
• Purpose: Provide a brief description of your business.
• LLC Organizer: Identify the person or entity completing and filing your work. This role is crucial for correctly setting up your LLC.
• Formation Date: Specify the date your LLC will officially begin. You can set this to the filing date or choose a date up to 90 days.
• Signing: Ensure all information is accurate before signing. The form must be signed by either an LLC member, manager, or organizer.

How to Send Your Form:

• Online: Submit your Articles of Organization online through the Kentucky Secretary of State’s website for the quickest processing. This platform provides an efficient and streamlined method for filing paperwork and making a payment.
• By Mail: If you prefer, you can file by mail. Fill out the Articles of Organization form and send it along with the required fee to the Kentucky Secretary of State, Division of Business Filings, PO Box 718, Frankfort, KY 40602-0718.
• In-Person: If you opt to file in person, you can bring your completed Articles of Organization to the office located at 700 Capital Avenue, Suite 158, Frankfort, KY.

Filing Fee: The fee for filing Articles of Organization in Kentucky is $40 for domestic and foreign LLCs intending to operate in the state.

Filing the Articles of Organization is crucial in establishing your LLC in Kentucky. Ensuring all information is accurate and complete before submission facilitates a smooth registration process.

Step 4: Making an Operating Agreement for Your Business

Let’s discuss setting up some ground rules for your business. This is where an Operating Agreement comes in. Think of it as a handbook that explains how your business runs. It’s 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. 
• 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 covers how new people can enter 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, and it can save you a lot of time. 

Step 5: Getting Your EIN from the IRS

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 and credit accounts, filing taxes, and hiring employees.

It’s free, and you can get it from the IRS website.

Step 6: Steps After Forming Your LLC 

Open a Business Bank Account 

Keeping your personal and business finances separate is crucial for financial management and legal protection. Opening a business bank account requires your EIN and Articles of Organization. It makes tracking business expenses easier and simplifies tax filing.

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. Visit our website to see our favorite business cards review.  

Check out our blog: Novo Review: The Best Business Banking Account in 2024?

Hire an Accountant

Managing finances can get complicated, especially as your business grows. An accountant can help you navigate tax laws, handle bookkeeping, and plan for financial growth. This professional guidance can save you time and money in the long run.

Create a Professional Website 

A website makes your business look legit. WordPress is a great tool to build your site. You can check out SiteGround or Hostinger for web hosting. They’re both good options to get your site up and running.

Kentucky LLC: Permits, Licenses, Tax Requirements, and Annual Reporting

After establishing your LLC in Kentucky, navigating the state’s regulatory framework is vital to ensure compliance and operational success. This involves acquiring the necessary permits and licenses, understanding tax obligations, and adhering to annual reporting requirements.

Obtain Any Additional Permits and Licenses

The permits and licenses required for your LLC in Kentucky depend on the nature of your business activities and its location.

• Local Business Licenses: Check with your local city or county clerk’s office or website for any required local business licenses.
• Professional Licenses: Certain professions in Kentucky may require state-issued professional licenses. The Kentucky Public Protection Cabinet is responsible for overseeing professional licensing.
• Health Permits: Businesses involved in food service, healthcare, or beauty services may need health permits, typically issued by the Kentucky Department for Public Health or local health departments.

Tax Requirements in Kentucky

Properly managing your LLC’s tax obligations is crucial for legal compliance and financial health.

• Employer Taxes: If you plan to hire employees, register for Unemployment Insurance Tax through the Kentucky Office of Employment and Training and Employee Withholding Tax through the Kentucky Department of Revenue.
• State Taxes: Kentucky LLCs are treated as pass-through entities for federal tax purposes. If your LLC sells goods or specific services, you must register for a Sales Tax Permit with the Kentucky Department of Revenue.
• EIN: All LLCs require an Employer Identification Number (EIN) from the IRS for tax purposes, hiring employees, and opening a business bank account.

Annual Reporting in Kentucky

Maintaining good standing with the state includes filing an annual report for your LLC.

• Filing Requirements: Kentucky LLCs are required to file an annual report with the Secretary of State.
• Fees and Filing: The annual report filing fee is $15 and can be submitted online through the Kentucky Secretary of State’s website.
• Importance: This report is essential for updating your LLC’s contact information and maintaining your business well.

Following guidelines for permits, licenses, tax obligations, and annual reporting is crucial for operating your Kentucky LLC successfully and complying with state laws. 

New 2024 Reporting Requirements (BOI)

Effective from January 1, 2024

Big news! Starting January 1, 2024, there are new reporting requirements for both domestic and foreign reporting companies. This includes LLCs, corporations, and other entities. Here’s what you need to know:

First Report Deadlines:

• Existing Entities: If your LLC was already around before 2024, you’ve got until January 1, 2025, to submit your first report.
• New Entities: If you’re forming your LLC in 2024, you must file your report within 90 days of your company’s creation.

Who Needs to Report:

• Domestic Reporting Companies: This includes LLCs and similar entities within the U.S.
• Foreign Reporting Companies: Entities registered foreign entities must also adhere to these new rules.

Exceptions to Reporting:

• For specific exceptions, you’ll want to refer to the Beneficial Ownership Information Reporting Regulations at 31 CFR § 1010.380(c)(2) and the Small Entity Compliance Guide.

What Must Be Reported

What you need to report is all about transparency. The exact details can be found in the compliance guide, but it generally involves information about your LLC’s ownership and control.

When Must Reporting File Reports

Remember, if you’re an existing entity, your deadline is January 1, 2025. For new LLCs formed in 2024, it’s within 90 days of creation.

Filing Reports & Noncompliance Penalties

Starting January 1, 2024, all BOI reports must be filed electronically. Here are some critical points:

• Filing Before the Date: You must file on January 1, 2024.
• Accuracy: Filer certification of accuracy is mandatory – you need to double-check that everything you report is correct and accurate.

Penalties for Noncompliance:

• False Information Penalties: Mistakes or misinformation can lead to a fine of up to $10,000 or up to 2 years in prison.
• Penalties: If you slip up here, you could face a fine of up to $10,000 or even imprisonment for up to 2 years.
• FinCEN’s Approach: The Financial Crimes Enforcement Network (FinCEN) focuses on education and outreach to ensure compliance. 
• Safe Harbor Rule: Did you make a mistake? If you discover inaccuracies in your initial report, you have a 90-day grace period to submit a corrected report.

If you need more information or specific guidance, please visit the FinCEN website for all the details.

Forming an LLC in Kentucky is a smart step toward protecting your assets and gaining operational flexibility. These steps will help you guide the process with confidence and ease. Remember, starting an LLC is a significant step toward entrepreneurship. Stay informed about legal and tax obligations to ensure your business thrives. If you need help, services like Northwest Registered Agent, Swiftfiling, or Bizee exist. They can handle any legal details your LLC requires, like getting your EIN and sorting out your operating agreement.