7 Steps to Starting a Successful LLC in Georgia Business:
1. Select a Business Name for Your Georgia LLC.
According to the latest U.S. Census data, Georgia experienced an impressive 274302 business formations in 2022, reflecting the state's dynamic entrepreneurial environment and diverse economic expansion.
When starting on your journey to build your business in Georgia, one of the most important first steps is naming your LLC. Not only is this important to set your company apart from competitors and attract customers, but it’s also legally required to have a business name in Georgia.
To create a name for your LLC in Georgia, you can follow some of these steps and guidelines:
- Adhere to the Business Naming Guidelines:
- Your LLC name may not be the same as or similar to the name of another existing corporation or entity authorized to do business in the state of Georgia.
- Do not use a name that could falsely suggest an association with a federal or state government body such as the FBI, FDA, Treasurer, or Department of Revenue.
- If your business is not professionally licensed in a given field (doctor, engineer, lawyer), you are not allowed to use any verbiage that suggests this within your name.
- Your proper legal business name must include the Limited Liability Company or LLC/L.L.C.
- Search the state of Georgia’s business name directory.
You want to ensure it’s available for use within the state. You can start your search for available Georgia LLC names with the below link:State of Georgia LLC search
- Reserve the business name with the state of Georgia.
After finalizing that your business name is available for registration within your state, you should immediately file the necessary paperwork for LLC registration.
- Purchase your domain name.
When you legally finalize the name for your LLC in Georgia, go and purchase the domain name. If you don’t do this right away, you’ll leave your business name susceptible to domain squatters and may not be able to purchase the name or have to pay a high price.
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2. Pick out a Registered Agent in Georgia.
If you’re planning to do business in the state of Georgia, you are legally required to have a designated registered agent. A registered agent is a business's liaison with the state, serving as a point of contact for legal documents, such as subpoenas and tax notices.
Here are a few ways you can have a registered agent in Georgia:
- You or any business employee who is 18+ years of age, has a valid address in the state of Georgia, and is regularly available during business hours can become a registered agent.
- You can use a registered agent service provider that acts on your behalf.
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3. File the Georgia LLC Certificate of Formation.
Within the state of Georgia, every new business owner wishing to register an LLC will need to file a Certificate of Formation with the Secretary of State, Corporate Division. A certificate of formation is a filing instrument with Georgia to legally registered your LLC.
Here are some basic guidelines you’ll need to follow when filing your Certification of Formation in Georgia:
- Pay the necessary Georgia filing fee
- The LLC name and business address
- The registered agent’s name and physical address
- A short description of the company’s purpose or primary business (and if known, NAICS code)
- List whether the business managed by the members or a manager
4. Finalize Your Businesses’ Operating Agreement.
Although not many states require you to file an operating agreement, it’s important to have one ready to set the rules of your Georgia business legally.
What is an operating agreement?
A business operating agreement is a written contract between the members of an LLC that details how the company will be run and who has decision-making power over specific aspects of the business. It can also include information about what happens if one member leaves the company or if a new member joins. The agreement is important because it protects your interests as an owner and helps ensure that you have control over what happens in your business.
Do you need a business operating agreement in Georgia?
You probably don't need a business operating agreement, but you definitely want one.
A business operating agreement is the document that lays out the ground rules for how you'll run your company. It's the only way to set things up so that you and your partners can avoid conflicts and stay on the same page about big decisions.
Without an operating agreement, it's up to your state's laws and/or general contract law to decide how much control each partner has over the company. That means there's no guarantee about who gets to make what decisions or when they get to make them—and it also means that if you disagree with your partners on something important, nothing is stopping them from deciding without you—or even against your wishes!
But with a business operating agreement in place, everything is spelled out in advance. You know exactly what rights everyone has, so there are no surprises when it comes time for big decisions like hiring new employees or expanding into new markets.
5. Obtain Your Georgia LLC Federal Employment Identification Number (EIN).
Every business in the U.S. is required to file for an EIN with the Internal Revenue Service (IRS). The EIN is a tax ID number that is used for filing taxes. If you are an individual, you can use your Social Security Number as your tax ID number. However, if you are a business, you must use an EIN number.
When you file taxes in Georgia, the government uses your EIN number to identify who owns the company and how much money it makes. This helps them decide how much money they should take from each company and pay out in taxes. If you do not have an EIN, it can be difficult for companies to determine who owns their business and what kind of money they make.
You can file your EIN in two ways:
Do it yourself: If you have all of the necessary paperwork and information ready, you can go directly to the IRS website and apply for your EIN.
Leverage an EIN Service Provider: If you don’t want to deal with the hassle of the IRS and are unsure what information is needed to file for your EIN, you can use one of the following EIN service providers below who will do everything for you!
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6. Remember to Always File Your LLC Annual Reports.
This is one of the steps many new LLC owners forget about each year, but is required by the state of Georgia to remain in good standing. You will need to pay a fee each year to the state in which you’ve filed your LLC.
What is an annual report?
An LLC Annual Report is a document that outlines the key facts about your LLC. It is required by law, and helps you avoid legal trouble down the road. The annual report is usually filed with a state agency, which will then make it available to the public. The contents of the report vary depending on where you live, but they typically include information like:
- The name and address of your business (and officers)
- The purpose or mission of your business
- The names and addresses of other businesses that share ownership with yours
7. Comply With Other Tax and Regulatory Requirements.
After you’ve completed all of the necessary steps to legally establish your LLC in Georgia, you may still need to check with your local government on other necessary licenses and permits needed to operate your business.
What are business licenses?
Business licenses are a form of permit that allows you to run your business legally. They're issued by local governments and are used to protect the public from harm, such as unsafe products or dangerous workplaces.
You'll need to apply for a business license if you operate a business out of your home, have employees, or sell products or services.
Here are some other common business licenses and permits needed to operate in Georgia:
- Local business licenses
- Building, Planning and Zoning Permits
- Liquor Licenses
- Peddler’s license
- Landscaping license
- Health license
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FAQs
How to Start an LLC in Georgia: 7 Steps to Get Started Today!? ›
Georgia LLC Articles of Organization General Information
The filing fee is $100, whether you file through the mail or the website. If you file by mail, it will take 12-15 business days to get approval. If you file online, it takes about seven business days for approval.
- Register online. Visit the Secretary of State's online services page. ...
- Register by mail. Either draft your own Articles of Organization, or download and fill out the Articles of Organization for LLC (CD 030) form from the Georgia Secretary of State website. ...
- Register in person.
Georgia LLC Articles of Organization General Information
The filing fee is $100, whether you file through the mail or the website. If you file by mail, it will take 12-15 business days to get approval. If you file online, it takes about seven business days for approval.
- Choose an idea for your LLC.
- Name your Georgia LLC.
- Create a business plan.
- Get a federal employer identification number (EIN)
- Obtain your Georgia certificate of formation.
- Choose a registered agent in Georgia.
- Obtain business licenses and permits.
- Understand Georgia tax requirements.
All partnerships, corporations, and LLCs that are registering with the Department must register as a new business using the Georgia Tax Center (GTC).
How much does an LLC cost per year in Georgia? ›Every LLC in Georgia is required to pay a $50 Annual Registration Fee each year. You can file your LLC's Annual Registration Fee by mail or online, but the state prefers online filings as they are more convenient and faster.
How do I get a tax ID number in GA? ›Online registration is available through Georgia Tax Center (GTC), a secure electronic customer self-service portal. After your online submission, you should receive your specific tax account number within 15 minutes by email.
How much is a business license in GA? ›In this state, you'll need to file a Georgia Annual Registration and pay a filing fee of $50. You can file your registration online or print a form from the state's online portal. If you file the paper form, you'll be required to pay an additional $10 fee.
Does an LLC expire in Georgia? ›If you own an LLC, every year it is in business you must file an annual registration with the Secretary of State's Georgia Corporations Division. The annual deadline is April 1, unless you already filed for the current year via a multi-year registration.
How much does it cost to register business name in GA? ›Within 90 days of incorporation, each Georgia corporation must file an initial annual registration that lists three principal officers with the Secretary of State. The fee is $50.00 for profit and professional corporations, and $30.00 for nonprofit corporations.
What are the disadvantages of an LLC in Georgia? ›
LLC cons: Unlike a corporation, an LLC cannot issue shares of stock. Any new investor would need to become a member of the LLC, which is more complicated. Furthermore, many outside investors consider LLCs risky, and prefer to invest in corporations.
How much money should you start with an LLC? ›The main cost of forming a limited liability company (LLC) is the state filing fee. This fee ranges between $40 and $500, depending on your state. There are two options for forming your LLC: You can hire a professional LLC formation service to set up your LLC (for an additional small fee).
What are the benefits of an LLC in Georgia? ›- Separates and limits your personal liability from your business liability and debts.
- Exemption from the Georgia Corporate Income Tax (conditions apply)
- Simple filing, management, compliance, regulation and administration.
- Easy tax filing and potential advantages for tax treatment.
Yes, Georgia allows you to be your own registered agent as long as you live in the state. If you operate a multi-member LLC, you can also choose one of the member's to act as the agent. The state also allows a family member or friend to act as the registered agent.
What licenses are needed to start a business in Georgia? ›While many Georgia businesses are required to register with the Corporations Division, businesses often need local operating licenses, federal operating licenses depending on the business, and/or state-level professional licenses. In certain cases, employees may need to be individually licensed as well.
How much does it cost to maintain a LLC GA? ›Georgia LLC Annual Registration Fee ($50/year)
The Georgia LLC Annual Registration Fee costs $50 per year. This fee is paid every year for the life of your LLC, and can be filed online.
How Long Does It Take to Process a Business License in Georgia? Once you have paid the appropriate application fees, you should generally receive your business license within 30 days.
How do you write an operating agreement? ›- Names, addresses, and titles of each member.
- Ownership percentages.
- Member rights and responsibilities.
- Responsibility, liability, and powers of members and/or managers.
- Profit and loss distribution.
- Buying and selling rules.
- Dissolution instructions.
- Meeting guidelines.
EIN. An Employer Identification Number (EIN) is also known as a federal tax identification number, and is used to identify a business entity.
Is sales tax ID and EIN the same for Georgia? ›Your sales tax ID number is also called an employer identification number or state taxpayer identification number. It is a number specifically assigned to your business by the Georgia government for licensing or tax purposes, according to the Georgia Department of Revenue.
Is Georgia EIN free? ›
Applying for an Employer Identification Number (EIN) is a free service offered by the Internal Revenue Service.
What is the license or fees to start business in Atlanta GA? ›The cost of applying for a small business license in Georgia is $75. This fee is nonrefundable and must accompany the application packet.
How much is a seller's permit in GA? ›There is no fee to register for this permit with the state of Georgia. If you're already feeling a little overwhelmed with this process, you should know that we can handle the entire permit registration process for you with our Sales Tax Permit Registration Service.
What do you need to buy wholesale in GA? ›- Standard Tax Bond Form - First Time Bond Submission or Bond Renewal: ...
- ATT-17 Georgia Alcohol & Tobacco Personnel Statement (requires notarization)
- Citizenship Affidavit along with secure and verifiable documents, i.e. government issued photo ID (requires notarization)
The IRS will only allow you to claim losses on your business for three out of five tax years. If you don't show that your business is starting to make a profit, then the IRS can prohibit you from claiming your business losses on your taxes.
Can I have more than one business under my LLC in Georgia? ›The answer is yes--it is possible and permissible to operate multiple businesses under one LLC. Many entrepreneurs who opt to do this use what is called a "Fictitious Name Statement" or a "DBA" (also known as a "Doing Business As") to operate an additional business under a different name.
Does an LLC have to have LLC in the name in Georgia? ›Name requirements
The name of your LLC must be distinguishable from other businesses that are registered with the Georgia secretary of state. In addition, the name must end with one of the following words: limited liability company, limited company or the abbreviations LLC, L.L.C., LC or L.C.
Processing Time: 15 business days, unless the name reservation request is expedited for an additional cost.
How much should you pay for a business name? ›What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.
How much does it cost to trademark a name and logo in GA? ›Fee: The filing fee is $15.00 per application. Make checks or money orders payable to the Secretary of State. Filing fees are non-refundable.
Are LLCs bad for taxes? ›
1. Pass-through taxation. One of the biggest tax advantages of a limited liability company is the ability to avoid double taxation. The Internal Revenue Service (IRS) considers LLCs as “pass-through entities.” Unlike C-Corporations, LLC owners don't have to pay corporate federal income taxes.
Why do LLCs fail? ›An LLC requires maintenance. If you aren't inspecting the LLC and taking care to make repairs and keep it tuned up and smoothly operational, then it's going to turn out badly for you when you need its protection. Your LLC can fail when you need it the most!
What is the main advantage of an LLC? ›The main advantage to an LLC is in the name: limited liability protection. Owners' personal assets can be protected from business debts and lawsuits against the business when an owner uses an LLC to do business. An LLC can have one owner (known as a “member”) or many members.
What should I avoid in naming an LLC? ›Your LLC's name can't contain the words like “bank,” “trust,” “trustee,” “insurer,” “insurance company” or any other words suggesting you're in the insurance business (unless you are). You can't include things like “incorporated,” “inc.” or “corporation,” because your LLC is not a corporation.
Do you have to pay taxes on LLC in GA? ›Accordingly, Georgia follows the Federal "Check the Box" classifications. Does an LLC have to pay net worth tax? An LLC is only subject to net worth tax if it is treated as a corporation for income tax purposes.
What are the default rules for LLC in Georgia? ›Under the default rules, every member of the LLC is an agent of the LLC and can conduct business on behalf of the LLC. In other words, each member has the authority to bind the LLC in ordinary business transactions, whether or not the member has the consent of the other members. See OCGA §14-11-301.
Is it good to pay myself from my LLC? ›As an LLC owner, this is also a good way to get paid because you will only have to pay self-employment taxes on the salary you have designated for yourself. This can save you about 15% on your taxes compared to if you were to just take distributions.
Should you pay yourself a salary in an LLC? ›If an LLC has opted to be treated as an S corporation or C corporation for tax purposes, members (now also known as shareholders) aren't allowed to take owner's draws. Instead, they're considered employees and must pay themselves a set salary on the company's regular payroll with taxes withheld.
How much should I save for taxes as an LLC? ›Financial planners recommend a 30% rule of thumb. That means for every dollar of profit you would set aside 30 cents for taxes. The 30% rule could be too much or too little depending on where you live.
What are 4 benefits of owning an LLC? ›- Separate legal identity. ...
- Limited liability. ...
- Perpetual existence. ...
- Flexible management structure. ...
- Free transferability of financial interests. ...
- Pass-through taxation.
What to do after getting LLC in Georgia? ›
- Open a bank account. ...
- Get the electronic status of a tax payer and, if necessary, register for VAT. ...
- Check if a license is required. ...
- Appoint a manager, conclude an agreement. ...
- Start keeping accounting records. ...
- Register full-time employees. ...
- Order an LLC seal.
An LLC can help you avoid double taxation unless you structure the entity as a corporation for tax purposes. Business expenses. LLC members may take tax deductions for legitimate business expenses, including the cost of forming the LLC, on their personal returns.
How long does it take to get LLC approved in Georgia? ›Processing Time: 15 business days; Processing in 2 business days costs an additional $100. Processing in the same business day (if submitted before noon on a weekday) costs an additional $250. Processing in one hour costs an additional $1,000.
Can I use a virtual address for my LLC in Georgia? ›Yes. You can use your virtual address for your business to upgrade your company image or to protect your privacy. Since every one of our more than 2,500 addresses is a real street address, you can also use your virtual address to register an Atlanta business address or a business address elsewhere.
Can I use a PO box for my LLC in Georgia? ›And the Registered Agent for your LLC in Georgia must have a physical street address in Georgia. PO Box addresses aren't allowed.
What license is best for a small business? ›General business license
A general license is required for you to run your business in almost every state. They're often issued by the Department of Revenues and Secretary of States—whichever office is in charge of business registrations.
- Choose a Business Idea. ...
- Decide on a Legal Structure. ...
- Choose a Business Name. ...
- Register Your Business Entity in Georgia. ...
- Apply for Licenses and Permits. ...
- Pick a Business Location and Check Zoning Regulations. ...
- File and Report Taxes. ...
- Obtain Insurance.
Within 90 days of incorporation, each Georgia corporation must file an initial annual registration that lists three principal officers with the Secretary of State. The fee is $50.00 for profit and professional corporations, and $30.00 for nonprofit corporations.
How do I start my own business from scratch? ›- Start with a Good Business Idea. If you're wondering how to start a business, it may be easier than you think. ...
- Conduct Research About Your Business Idea. ...
- Write a Business Plan. ...
- Make Your New Business Official. ...
- Know Your Finances. ...
- Protect Your Business. ...
- Build Your Business.
The corporate Georgia LLC tax rate is six percent of Georgia taxable income. It is payable by the LLC if C corporation status is elected, and by the members if S corporation status is elected. The net worth tax is also assessed, if the net worth of the LLC is more than $100,000.
What are the pros and cons to LLC? ›
An LLC has pros such as flow-through taxation and limited liability protection. However, there are also disadvantages such as the legal process of “piercing the corporate veil” and being forced to dissolve the LLC if a member leaves.
How much does it cost to maintain an LLC in Georgia? ›How much does an LLC in Georgia cost per year? All Georgia LLCs need to pay $50 per year for the Annual Registration Fee. These state fees are paid to the Secretary of State. And this is the only state-required annual fee.
What information do you need to open a bank account for a business in Georgia? ›- Employer Identification Number (EIN) (or a Social Security number, if you're a sole proprietorship)
- Your business's formation documents.
- Ownership agreements.
- Business license.
Before starting the registration process with the Georgia Department of Revenue (the Department), you must have specific information about your business, including but not limited to: Legal name, location, and mailing address of the business. EIN/FEIN (if applicable) NAICS code.
What businesses need a license in Georgia? ›Georgia doesn't issue business licenses at the state level, but all Georgia businesses need to obtain an operating license from the city or county where they're based. An operating license may also be called a business license, a business tax certificate or an occupational tax certificate.
Do you have to file an annual report for an LLC in Georgia? ›You must file an annual registration for your LLC with the Secretary of State every year. If you own an LLC, every year it is in business you must file an annual registration with the Secretary of State's Georgia Corporations Division.