Kansas LLC Formation Guide

This guide will help you set up an LLC in Kansas. It includes step-by-step instructions for obtaining tax IDs and filing documents.

Overview

Because they are affordable to set up, offer flexibility for the owners and are simple to manage, LLCs are the most preferred business structure. Your LLC legalizes your business and limits your personal liability. It also allows you to have tax flexibility. As you go through this process, the following steps will guide you.

Step-by-Step Kansas LLC Instructions

  1. Check Name Availability

    Your LLC’s legal name may not be in conflict with any registered name. You can search for the name you want to check availability.

    Name Search: Kansas Secretary of State

    Name Search

    Name Reservation: Optional
    Suffix: Include the words “limited liability corporation” or “limited company” or the abbreviation LLC, “LC”, or the designation “LLC”, “LC” or “LC”.

    K.S.A. §17-7920

  2. Register an Agent

    Before you can file to officially create your Kansas LLC, it is important to choose who your Kansas registered agent will actually be. A registered agent is the legal representative of a business that receives notices about lawsuits and other legal notices.

    Every LLC must have a registered agent as required by state law. When you file Kansas articles or organization with the Kansas Secretary-of-State, the registered agent is identified.

  3. Kansas Certificate of Formation

    To create a limited liability company, file the articles of organization

    Agency: Kansas Secretary of State
    Form:
    Form D: Kansas Limited Liability Company Articles of Organization
    Filing Method You can mail, fax, or on-line
    Agency Fee: $165 + $20 optional fax fee
    Turnaround: Online immediately Paper copies are available within 2 to 3 business days.
    Law:
    K.S.A. SS17-7673
  4. Establish Company Records

    Your LLC must maintain accurate and complete records. Your LLC’s first records will be your filed articles of organization. Other official records that your LLC may produce include:

    • Minutes of meetings
    • Operating agreement
    • EIN verification letter
    • All amendments and filings to the LLC during its lifetime

     

  5. Make the Operating Agreement

    An Operating Agreement is the governing document of the LLC. This document outlines the rules and procedures for how the LLC will operate, such as holding an annual meeting. The agreement will be reviewed and approved at your organization meeting.

  6. Organise the Organizational Meeting

    The organizational meeting is the first meeting of members of an LLC. To conduct this meeting, you will need to have your filed articles of organisation and your operating agreement. Keep a record of the meeting and keep it in your company records book.

  7. Register for a Federal Employer Identification Number.

    An EIN is required for any LLC that has more than one member, or hires employees. A bank account opening requires an EIN.

    Agency: Internal Revenue Service (IRS).
    Form:
    IRS Form S-4
    Filing Method You can send mail, fax or online by phone.
    IRS fee $0
    Turnaround: Online or over the phone, immediately. 4 business days via fax. 4-5 weeks via mail
    Notes: Only certain hours are available for the IRS website. Before closing your session, print your EIN. For more information, please refer to IRS Pub 1635 Understanding Your EIN.
  8. Kansas State Tax Identification Numbers/Accounts

    Register if your organization must pay Kansas tax

    Send your submission to:
    Kansas Department of Revenue

    http://www.ksrevenue.org

    Form:

    FormCR-16: Kansas Business Tax Application
    Filing Method
    Mail or online
    Fee:
    The tax accounts and licenses required will determine the state fee.
  9. Consider Electing C-Corp Taxation or S-Corp Fiscal

    Your LLC will automatically be subject to pass-through taxation. However, the majority of LLCs maintain this tax classification. Some LLCs can choose to elect S-Corp and C-Corp tax treatment.

    • Owner-employees with more than $75,000 per annum can benefit from S-Corp to reduce self-employment taxes.
    • Double taxation is a problem for C-Corps: members pay taxes on distributions and the corporation pays taxes. You may be eligible for C-Corp tax treatment if your profits exceed $250,000 or you offer employee benefits.
  10. Get Business Licenses and Permits

    You must have the appropriate licenses and permits to run your business legally. It is easy to find the right licenses and permits for your state and federal business.

    Kansas Business License

    NOT REQUIRED

     

    Kansas does not require licensure for general business licenses.

    Kansas does not have an overall business license at the state-level, but licenses from local authorities are required.

  11. You must continue to file for your LLC

    You are required to file both federal and state tax returns.

    To maintain good standing with the secretary-of-state, many states require that business entities file an annual report. The table below shows the requirements for Kansas LLCs to file an annual report.

    Kansas Corporation Annual Report Requirements:

    Agency: Kansas Secretary of State
    Form:
    Form AR: Corporate Annual report
    Filing Method Mail or online.
    Agency Fee: Online: $50 or mail: $55
    Due: Annually, by the 15th of the 4th lunar month following the close of your fiscal Year. Usually April 15th. You can file your annual report as early as January 1. The calendar year following initial registration is the year that the first annual report is due.
    Law:
    Kansas Statutes SS 17-7503.
    Penalties: No late fee. Register within 90 days to avoid forfeiture.
    Notes:
    • The paper form must be signed by a member, partner or officer.
    • Signatures by an original are not required.
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