Introduction to Start An LLC In Kansas: Are you wondering how to start an LLC in Kansas? If you want to start a business in Kansas, this article will provide you with information on the processes to take to form an LLC in Kansas, as well as frequently asked questions, measures to do after your LLC has been formed, and where you can obtain help to form your LLC if needed. Read our guide on how to start a business in Kansas.
When compared to establishing a company or conducting a business as a sole proprietor, forming a Kansas LLC (limited liability company) offers many benefits to business owners. Tax deductions and less documentation increased business flexibility, and limited liability protection are just a few of the advantages.
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Forming an LLC is often the best option for most organizations with more than one important member for a variety of reasons. If you want to get more information on how to start an LLC in any state, you can read our complete guide on How To Form An LLC.
An LLC is a simple corporate structure that protects business owners by separating assets from liabilities. In addition, LLCs often pay lower taxes than corporations. However, incorporating an LLC might be challenging depending on where you live, as the formation process, registration, and ongoing legal obligations differ from state to state.
What Is A Limited Liability Company (LLC)?
A Limited Liability Company (LLC) is a popular and flexible business structure that combines elements of a corporation and a partnership.
In simple terms, an LLC provides its owners, known as members, with limited liability protection. This means that the personal assets of the members, like their homes or savings, are generally protected in case the business faces debts or lawsuits.
Kansas introduced the Limited Liability Company (LLC) business structure on July 1, 1992, when it enacted the Kansas Limited Liability Company Act. This legal framework allowed businesses in the state to establish LLCs, combining the benefits of limited liability with a flexible and straightforward organizational structure.
so it’s advisable to verify the most current information with the Kansas Secretary of State or consult a legal professional for the latest details on LLC formation in Kansas.
Many companies can benefit from an LLC as a corporate structure. Members of a limited liability company (LLC) might be a single person or a group of people.
Forming your own LLC here is a straightforward process, and in this blog, we’ll guide you through the essential steps for a hassle-free launch. Let’s get started on your journey to business success in the Prairie State!
Learn more about limited liability companies:
What Are The Benefits Of An LLC In Kansas?
Kansas is one of the greatest places to launch a limited liability company because it has a varied industry base, a strong transport system, and marketing benefits. Moreover, Kansas leverages all types of business gains and state-provided incentives and grants. A Limited Liability Company (LLC) is a unique business entity that combines the characteristics of a corporation with those of a partnership or sole proprietorship. It distinguishes your personal assets from those of your business, allowing you to secure your personal holdings.
LLCs are the most prevalent structure for small businesses in Kansas. This is due to the simplicity with which a limited liability corporation (LLC) can be formed and operated and the numerous benefits it offers. Depending on the type of business structure you choose, a unique feature may be a benefit or a negative. The following are some of the advantages of getting my LLC in Kansas. Let’s have a look at some of the benefits of LLC in Kansas:
1. Pass-through taxation
If you form a new company as an S corporation in Kansas, the company or firm will not have to pay any taxes. Instead, the corporation’s profit or loss will be distributed to its stockholders. Earnings are taxed before being dispersed to owners, and profits are taxed again when owners declare their part of the profits on their personal tax returns.
2. Limited Liability Protection
“Personal liability protection” is one of the most significant benefits of forming a Kansas LLC. As the proprietor of an LLC, you will not be held personally liable for any of the company’s debts. Your personal assets, such as your automobile, property, and bank accounts, will be protected from LLC creditors.
3. Independent life
When you set up a new business as a Corporation in Kansas, it will be self-contained. This means that a stockholder’s incapacity or death would not have a serious effect on the company’s activities.
4. Flexible Taxation
A limited liability business (LLC) can pay income tax in one of three ways. Being taxed as an S company is one alternative. An S corporation is a tax structure, not a specific sort of corporate entity.
5. Increased Credibility
Incorporating a limited liability company (LLC) gives your company more legitimacy. A limited liability company (LLC) is considered a more corporate management structure than a sole privately owned company. Customers and partners will recognize you as a respectable company if you include LLCs in your company.
6. Ownership Flexibility
There are limited constraints on how you can arrange the management and ownership of an LLC in Kansas:
- You can form a single-member LLC or a multi-member LLC.
- Members can control a Multi-Member LLC, which is referred to as member-managed.
- Manager-managed LLCs are those that are controlled by a manager who is appointed by the members.
7. Perpetual Existence
A new company incorporated as a Corporation in Kansas will have perpetual succession. This means that a stockholder’s incapacity or death would not have a serious effect on the company’s activities.
Limited liability businesses in Kansas are simple to start and maintain, requiring minimal paperwork and cost. LLCs, unlike C companies, are not obliged to designate formal officer responsibilities, have annual meetings, adopt bylaws, or keep track of business records and decisions.
Disadvantages Of Forming An LLC In Kansas
There are various disadvantages to forming an LLC In Kansas, which include the following:
- Since LLCs, like sole proprietorships, are pass-through businesses, LLC owners must pay taxes on their portion of the LLC’s net income, whether or not they get a payout.
- High registration cost compared to sole proprietorships and general partnerships
- An LLC, unlike a corporation, cannot raise funds by issuing stock
- Members of an LLC found it more difficult to obtain loans compared to a corporation
- Kansas’s state unemployment taxes are pretty expensive, and the state is obligated to sign an operating agreement.
Steps For How To Start An LLC In Kansas
In Kansas, forming an LLC is not exceptionally difficult or expensive, but it is a multi-step procedure that necessitates the use of certain specialized forms. If you make a mistake or don’t meet all of the conditions, you’ll have to start the procedure all over again, which will cost you time and money.
To ensure that you’ve done everything correctly, you need to follow some specific steps. This procedure will be assisted by the following step-by-step instructions on how to make an LLC in Kansas. Let’s get started with how to register for an LLC in Kansas.
Here are the steps you need to take to form an LLC in Kansas which will get you started today:
1. Choose A Name For Your Kansas LLC
The first step in forming an LLC in Kansas is deciding on a name. You won’t be able to proceed without a name because it will appear on all of your formal formation documentation. Every LLC operating in Kansas is required to have a distinctive name. For branding considerations, your business name should be distinctive, as well as legal. The name of your LLC must be distinct from the names of other businesses registered with the Kansas Secretary of State. For more information, check the Kansas Business Name Database.
If you search the company database and discover that a name is available, Kansas allows you to reserve it for up to 120 days. The filing fee is $30 for online filings and $35 if you file by mail. Filling out this form ensures that the name you want will be available when you complete the other processes of incorporating an LLC in Kansas.
The following are the Kansas LLC naming guidelines:
- The phrase “limited liability corporation” or one of its derivatives must be in your name (LLC or L.L.C.)
- Your LLC’s name cannot contain any words that could be mistaken for a government department (FBI, Treasury, State Department, etc.)
- Restricted words (e.g., bank, attorney, university) may need additional paperwork and the inclusion of a licensed professional in your LLC, such as a doctor or lawyer
- Your business name must be distinct from any other limited liability company, corporation, limited liability partnership, or limited partnership in Kansas.
- Check Name Availability: Do a name search on the State of Kansas website to be sure the name you choose isn’t already used. Check Kansas Naming Guidelines.
- Reserve Your LLC Name: It’s a great idea to reserve your LLC name with the Kansas Secretary of State as it protects the name from being used by another company before your LLC is formally incorporated in the state.
2. Appoint A Registered Agent In Kansas
Before you can legally file to form your Kansas LLC, you’ll need to choose a registered agent in the state. Your LLC must maintain a Kansas Registered Agent at all times in order to do business in the state. A Registered Agent in Kansas is a person or business that receives legal mail and papers directed to your Kansas LLC. You can act as your own registered agent or hire any professional registered agent service.
Legal documentation and tax notices will be accepted on your LLC’s behalf by your registered agent. When you submit your Certificate of Formation, you will identify your registered agent.
A Kansas registered agent must meet the following criteria such as:
- The Registered Agent for your Kansas LLC must have a physical address in the state
- If your LLC’s Registered Agent will be a single person, he or she must be at least 18 years old and a Kansas resident
- If a person or company is based outside of the Kansas business office
- A designated registered agent must provide an address of a registered office in Kansas and must be found during normal business hours
- In order to be eligible as a registered agent in Kansas, the business must already be operating in the state when the LLC is formed.
3. File Your Kansas LLC Articles Of Organization
In Kansas, a limited liability company (LLC) is founded by filing Articles of Organization with the Secretary of State. The Certificate of Organization is the paperwork you’ll submit to the Department of State to formally register your LLC. When you’re ready, submit Articles of Organization to the Kansas Secretary of State to formalize your LLC.
The certificate can be filed online or by mail. The filing fees are $165 but foreign entities do not have the online option.
The following information must be included in the Articles of Organization:
- Name of the LLC, address of the principal office, email address (optional), and phone number
- Name and address of the registered agent
- Articles that are out of date are no longer influential (if not immediate)
- Names and addresses of the Articles’ signatories
- A member’s, organizer’s, or their representative’s signature
4. Establish Company Records
Your LLC’s books and records must be accurate and comprehensive. The articles of organization you filed are the initial documents in your LLC’s file. Many more public documents will be created by your LLC, including:
- Minutes of the meeting
- Operating Agreement
- EIN Verification Letter
- Throughout the LLC’s existence, amendments and other filings are made
5. Receive a Certificate From the State
Articles of Organization have often been approved quickly in Kansas. Approval applications are only accepted online. After the LLC’s creation paperwork is filed and approved, the state will provide you with a certificate confirming the LLC’s formal existence. The materials for approval will be forwarded to your email address.
The LLC will be able to obtain an Employer Identification Number (EIN), business licenses, and a business bank account with the help of this certificate.
6. Obtain A Kansas Business License
In order to operate in Kansas, certain sectors will require company registration. You may require one or more types of licenses, including:
- Licenses issued by your city or county.
- Certain skilled vocations require professional licenses.
- Environmental permits.
- Licenses for health and safety.
- Permits are required by zoning.
- Liquor licenses, for example, are regulatory permits.
- Sales tax exemptions are available.
7. Prepare the Kansas LLC Operating Agreement
Although preparing a detailed LLC operating agreement is not a legally required step for incorporating an LLC in Kansas, it is strongly suggested for all emerging limited liability businesses. You should consider developing an operating agreement as part of your LLC strategy. The purpose of this paper is to establish how your firm will operate.
The operating agreement is the basic document that spells out the members’ rights, powers, responsibilities, debts, and obligations to one another and to the LLC. The agreement is strictly internal and has not been lodged with the Secretary of State.
If an LLC does not establish an operating agreement, the articles of organization, rules, and/or member control or limited liability company agreement will serve as the operating agreement.
The following should be included in the operating agreement:
- Define the business structure of the LLC.
- Determine each LLC member’s particular roles and obligations.
- Describe how the LLC will be managed.
An LLC may suffer substantial legal and operational challenges if it does not have an operating agreement that spells out the precise responsibilities of its members. Creating mem
8. Hold The Organizational Meeting
The organizational meeting is the LLC’s initial gathering of members. To hold this meeting, you’ll need your filed articles of incorporation and your operating agreement. This meeting’s minutes should be kept and filed in your company’s record book.
9. Get A Kansas LLC EIN
In the United States, all newly created LLCs must get an Employer Identification Number (EIN) from the Internal Revenue Service. The nine-digit EIN is a company’s equivalent of a social security number, and it’s required to pay income taxes, submit tax returns, open corporate bank accounts, and do a variety of other activities. Your Kansas LLC’s “social security number” is a Federal Tax ID Number. For taxation and reporting purposes, the IRS uses it to identify your LLC.
You can apply for EIN online, by fax, or by mail. Federal tax ID numbers are free and don’t charge anything.
You will need an EIN number for the following:
- Open a business bank account
- Register for business licenses and permits
- Transact business with other companies
- Taxes are filed and managed at the federal and state levels
10. Comply With Kansas Employer Obligations
In addition to the steps outlined so far, Kansas LLCs with employees must also comply with the following requirements:
- Employers are required by state and federal law to report new employees to the Kansas Department Of Employment Security within 20 days of their hire date.
- Employers in Kansas are required to withhold state and federal income taxes from their employee’s paychecks. Employers must remit withheld taxes to the state on a regular basis.
- Employers are liable to compensate unemployment taxes in Kansas. Every firm is allotted a tax rate depending on its age, industry, and history of unemployment insurance claims.
- A small-business owner in Kansas is required to acquire workers ’ compensation as soon as they recruit their first employee. Employers can self-insure or obtain workers’ compensation coverage from a private insurer or the state insurance fund.
11. Comply With Federal Requirements
In Kansas, LLCs must follow both state and federal regulations. Most LLCs are treated as pass-through entities under federal law, just as they are in most states. On their personal income tax returns, LLC members disclose their portion of LLC income. The LLC does not have to pay federal income taxes.
An LLC’s members can choose to have it taxed as a C-corporation at the federal level, in which case the LLC will pay a flat federal corporate tax of 21%.
Important Steps After Forming The Kansas LLC?
After registering your Kansas LLC, you need to follow some important responsibilities. Here are some important steps you need to consider, after forming an LLC in Kansas:
- Open a business bank account: A business bank account lets you keep personal and business costs separate, which is necessary to keep your LLC’s corporate entity intact. In the event that your LLC or business is sued, a corporate veil shields your personal assets from creditors. Also read, How To Open A US Bank Account As A Non-Resident?
- Get a business credit card: A company credit card will help you separate personal and business costs while also creating a credit record for your firm.
- Hire a business accountant: An accountant for your business can help you save money on taxes and prevent penalties and fines. Accounting and payroll are made easier with the help of an attorney.
- Get Business Insurance For Kansas LLC: Risk management is aided by business insurance. General liability, professional liability, and workers’ compensation are the most prevalent types of business insurance.
Keep Your Company Compliant
- You need to research and get a Kansas license and permits
- File your Kansas annual reports statement online with the Kansas Department of State at the end of the month in which the LLC was formed
- In the next step, you need to understand Kansas sales tax requirements and seller’s permits
- Understand the federal tax requirements to report income to the IRS each year using Form 1065 Partnership Return
LLCs are easier to set up than other business structures. Small businesses, especially start-ups, can easily incorporate an LLC in Kansas for a very low cost. LLCs have a tax advantage known as “pass-through taxation,” which allows them to avoid having to pay some taxes. To start a limited liability company, you’ll need considerably less paperwork and legal processes.
Forming an LLC in Kansas takes time and effort, but once you have everything in place, you can rest comfortably so that your business is ready to thrive. Several ambitious entrepreneurs may have pondered how to start an LLC in Kansas. You must go through a multi-step process that includes everything from naming your company to hiring a designated individual, as well as signing a multi-member operating agreement.
Frequently Asked Questions
1. How much does it cost to make an LLC in Kansas?
The filing of Articles of Organization with the Kansas Secretary of State costs $165. The Kansas Secretary of State will reserve your LLC name for $30 if you file online or $35 if you file by mail.
2. How long does it take to set up an LLC in Kansas?
Approval of mail filings for Kansas LLCs takes around 2-3 weeks. This includes the processing period of 3-5 working days as well as the time your documents are in the mail. Online filings for Kansas limited liability companies are accepted promptly.
3. How are LLCs taxed in Kansas?
The corporate tax rate in Kansas is a flat 4% of federal taxable income plus a 3% surtax on taxable income over $50,000. The tax is paid to the Department of Revenue of the state (DOR). To pay the tax, use Form K-120, the state’s corporation income tax return.
4. Does an LLC need an EIN in Kansas?
LLCs with workers are obliged to get an EIN. Furthermore, in order to enter a business bank account, most banks demand an EIN Number assigned by the state. A state tax identification number is not required in Kansas.
5. Does Kansas require an operating agreement?
No, you are not required to file your Operating Agreement to the Kansas Secretary of State. You’re not even required by law to have an Operating Agreement. You should still make one and store a copy at your primary business location.
6. Do I have to file an annual report in Kansas?
The Secretary of State requires LLCs to file annual reports. The online filing price is $50, while the paper filing charge is $55.
7. How much does it cost to get an EIN number in Kansas?
It is entirely free to apply for an EIN for your Kansas LLC. The IRS does not charge a fee for obtaining an EIN.
8. How to renew my LLC in Kansas?
Every year, the LLC must file an Annual Report with the Kansas Secretary of State and pay $50 to renew the LLC. The annual renewal of your LLC is required.