Kansas LLC Formation Guide

This guide on starting an LLC Kansas includes step-by–step instructions for filing formation documents, obtaining tax IDs and setting up company records.

Overview

The most used business structure, LLCs, are very affordable and allow owners to be flexible. The legal formation of an LLC allows you to establish your business, limit your personal liability, and gives you tax flexibility. You will find the steps below helpful as you complete this process.

Step-by Step Kansas LLC Instructions

  1. Check Name Availability

    Your LLC’s legal title may not be confused with any other registered name. Conduct a name look to verify availability.

    Name Search Kansas Secretary of States

    Name searching

    Name Reservation Optional
    Suffix: Shall include the words “limited-liability company” or “limited company” as well as the abbreviation, “LLC,” or the designations “LLC” and “LC”.

    K.S.A. §17-7920

  2. Designate a Registered Agent

    Before you file to register your Kansas LLC you need to identify your Kansas registered representative. A registered agent allows a business to be notified of lawsuits or other legal or government notices.

    Each LLC must be registered by an agent according to state law. The Kansas Secretary of State will designate the registered representative when you file Kansas articles.

  3. Kansas Certificate for Formation

    Register the articles to form a limited liability corporation.

    Agency: Kansas Secretary of States
    Form:
    Form DL Kansas Limited Liability Company Articles of Organization
    Filing Method Mail, fax and in-person
    Agency Fee $165 + an optional $20 fax charge
    Turnaround: Online immediate. It takes between 2 and 3 business days to post on paper.
    Law:
    K.S.A. SS17-7673
  4. Establish Company Records

    Your LLC must keep accurate records and books. Your LLC’s documents begin with your filed articles. Your LLC will produce other official records like:

    • Minutes of a meeting
    • Operating agreement
    • EIN verification letter
    • Amendments and other filings made during the LLC’s lifetime

     

  5. Sign the Operating Agreement

    You can draft an Operating Agreement by using a template. This is the governing document that governs the LLC. It describes the details of how the LLC operates, such as the holding of an annual meeting. You will discuss and approve the agreement at your organizational meeting.

  6. Host the Organizational Meeting

    The organizational meeting is a first meeting of LLC members. For this meeting you will need your operating agreement as well as your filed articles. Keep minutes from this meeting and place them in your company’s record book.

  7. Get a Federal Employee Identification Number (EIN).

    EIN is required if your LLC employs more than one person or has multiple members. EINs are also required to open bank accounts.

    Agency: Internal Revenue Service
    Form:
    IRS Form
    Filing Method Mail, phone or fax
    IRS fee $0
    Turnaround: Instantly online or by phone 4 business day by fax. 4-6 weeks by mail
    Notes: The IRS website can only be accessed during specific hours. Before you close your session, print your EIN. For additional guidance, visit IRS Pub1635: Understanding Your.
  8. Kansas State Tax Identification Numbers/Accounts

    If Kansas tax is due to your organization, you will need to register.

    Submit to
    Kansas Department of Revenue

    http://www.ksrevenue.org

    Form:

    Form-CR-16: Kansas Business Tax Application
    Filing Method
    Mail or Online
    Fee:
    The amount of tax accounts required or the licenses required determines how much state fees are charged.
  9. Consider Electing C-Corp taxation or S-Corp taxation

    Your LLC automatically receives pass through taxation. The vast majority of LLCs however, keep this tax category. Some LLCs have the option to choose S-Corporation or C-Corp tax treatment.

    • S-Corp is a way for owner-employees earning more than $75,000 to save on self-employment taxes.
    • C-Corps have double taxation. Members pay taxes on the profits of the corporation, while members pay taxes when they receive their distributions. C-Corps can offer lower tax rates to retained earnings.
  10. Get business licenses & permits

    The necessary licenses or permits are required in order to operate your business legally. Searching by business type and location using the Small Business Administration Business License & Permit search tool is the easiest way to navigate the vast array of federal, state and local requirements.

    Kansas Business License

    NOT REQUIRED

     

    Kansas does not require the licensure of general business licenses at the state level.

    Kansas does have a local business license but not a general one at the state level.

  11. Keep your LLC afloat with ongoing filings

    Federal and state tax returns must be filed.

    A lot of states require that business entities file an annually required report in order to remain in good standing with their secretary of state. View the table below for information on Kansas LLCs.

    Kansas Corporation Annual Report Requirements:

    Agency: Kansas Secretary of States
    Form:
    AR: Corporate Annual Report
    Filing Method Mail or online .
    Agency Fee $50 online and $55 by post
    Due: Annually by April 15th, the 14th day of each month after the close your fiscal year. May be filed as early January as possible The first annual report must be filed in the calendar year after initial registration.
    Law:
    Kansas Statutes SS 17-7503.
    Penalties: No late fee. You will lose your registration if you are more than 90 days late.
    Notes:
    • The paper form must also be signed by the officer, partner, member or other individual.
    • Original signatures will not be required
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