Yes, you can file for an LLC on your own. Every state accepts formation documents directly from individuals through the secretary of state’s office, and the filing is set up as an administrative submission rather than a legal proceeding. Fees run from about $35 to $500 depending on the state, with a national average near $130, and most online filings clear in a few business days. The harder part is what happens before you submit the form and what you do in the weeks after approval.
What to Have Ready Before You File
Errors are the most common reason applications get rejected, and filing fees are non-refundable in most states. Get the following settled first.
A Name That Will Actually Clear
Your LLC name has to be distinguishable from other business entities already registered in your state. Every secretary of state runs a free name search on its website. It’s also worth checking the U.S. Patent and Trademark Office database so a federally trademarked name doesn’t force a rebrand later. Most states require a designation like “LLC” or “Limited Liability Company” in the name, and most bar words that suggest a different entity type, like “Corporation” or “Inc.”
A Registered Agent
Every LLC needs a registered agent, meaning a person or company designated to receive lawsuits and government notices for the business. The agent must have a physical street address in the state of formation (P.O. boxes don’t qualify) and must be available during normal business hours. You can name yourself, but if you travel or work out of a home you’d rather not publish, a commercial registered agent service is usually the cleaner option.
The Formation Document
The filing itself goes by different names in different states. Articles of Organization is the most common; some states call it a Certificate of Formation or Certificate of Organization. The form typically asks for the LLC’s exact name, the principal office address where records are kept, the registered agent’s name and address, whether the LLC will be member-managed or manager-managed, a business purpose (usually stated broadly, like “any lawful business”), and a duration (most people choose perpetual).
One boundary worth flagging: if you’re a licensed professional such as a doctor, lawyer, architect, or accountant, several states require a Professional Limited Liability Company (PLLC) rather than a standard LLC. Check your state’s rule before filing, because the standard LLC form may not give you the protection you’re after.
How the Filing Itself Works
Nearly every state offers online filing through the secretary of state’s business portal. Online submissions are faster, sometimes approved within minutes and usually within a few business days. Paper filings by mail can take several weeks depending on the office’s backlog. The online route also gives immediate confirmation and lets you track the application.
Pay at the time of submission. If your application gets bounced back for an error, you typically don’t get the fee back. Some states offer expedited processing for an added charge if you need approval quickly.
When the state accepts your filing, you’ll receive a stamped copy of your Articles of Organization or a formal Certificate of Organization. That document is your proof that the LLC exists as a separate entity, and you’ll need it to open a business bank account, sign a commercial lease, and handle other transactions. Keep it with your permanent business records.
Choosing How the IRS Will Tax Your LLC
Forming the LLC with your state is only half the picture. The IRS has no separate “LLC” tax category. It assigns a default classification based on the number of owners, and you can elect a different treatment if it fits your situation better.
A single-member LLC is treated as a “disregarded entity,” so you report all business income and expenses on your personal return using Schedule C. A multi-member LLC is treated as a partnership by default: the LLC files an informational Form 1065, and each member reports their share of profits on their own return.
If neither default works, you can file Form 8832 to have the LLC taxed as a corporation. That’s a permanent change for five years, so run the numbers first. Many owners instead elect S-Corporation status on Form 2553, which can reduce self-employment taxes once the business earns enough to pay a reasonable salary. The S-Corp deadline is two months and 15 days after the start of the tax year you want the election to cover; for a calendar-year LLC seeking S-Corp status for 2026, that’s March 16, 2026. A newly formed LLC gets the same two-month-and-15-day window from its formation date.
You don’t have to elect anything right away. The defaults work fine for most new businesses, and you can change later as income grows.
What to Do After the State Approves You
Get an EIN
An Employer Identification Number is a nine-digit IRS number for your business. You need one if the LLC has more than one member, if you plan to hire employees, or if you want a business bank account. A single-member LLC with no employees can technically use the owner’s Social Security number, but most banks require an EIN to open a business account, and using one keeps your SSN off business paperwork.
The IRS issues EINs online for free in about 15 minutes. The online tool isn’t available around the clock, so apply during business hours. You’ll need the LLC’s legal name, its formation state, and the SSN or ITIN of the person the IRS treats as the “responsible party.”
Write an Operating Agreement
An operating agreement sets out how the LLC is governed: ownership percentages, how profits and losses are split, how decisions get made, and what happens when a member leaves or the business winds down. California, New York, and Delaware are among the states that require one by law. Most states don’t, but skipping it is usually a mistake.
Without an operating agreement, your state’s default LLC rules fill the gaps, and those defaults rarely match what the owners actually want. Many states, for example, assume profits are split equally regardless of what each member contributed. Even a single-member LLC benefits from having one, because it reinforces the legal separation between owner and entity if the liability shield is ever challenged.
Handle Licenses and Permits
Forming the LLC creates a legal entity, but it doesn’t authorize you to operate. Depending on your industry and location, you may need federal, state, or local licenses before you can work. Common examples are sales tax permits, home occupation permits, health department permits for food businesses, and professional licenses in regulated fields. Check with your city or county clerk and your state’s business licensing agency.
Ongoing Obligations You Can’t Ignore
Most states require LLCs to file a periodic report, usually annually or every two years, confirming the address, registered agent, and current members or managers. Fees range from $0 in a few states to several hundred dollars. Missing the deadline triggers late fees, and prolonged noncompliance can lead the state to administratively dissolve the LLC, which strips the liability protection until you reinstate it.
Some states also charge an annual franchise or privilege tax simply for existing as a business entity, regardless of income. California’s $800 annual franchise tax is the most well-known, and several other states impose similar charges. These are separate from income taxes and don’t disappear in a slow year, so factor them into your projections before choosing where to form.
A few states have publication requirements. New York, most notably, requires newly formed LLCs to publish a notice of formation in two county-designated newspapers for several consecutive weeks, within 120 days of formation. Costs vary sharply by county, from a couple hundred dollars in inexpensive areas to over $1,500 in Manhattan. Failing to publish doesn’t dissolve the LLC, but it can restrict your ability to bring lawsuits in state court.
Keeping Your Liability Shield Intact
The point of the LLC is separation: your personal assets are supposed to be protected from business debts and lawsuits. That protection isn’t automatic. Courts can “pierce the veil” and hold you personally responsible if you treat the LLC as an extension of yourself. Solo filers most often get careless here after formation.
The single biggest mistake is commingling funds. Paying personal expenses from the business account, or depositing personal income into it, gives a future creditor evidence that the LLC isn’t really separate. Open a dedicated business bank account the day your EIN arrives and keep transactions clean. No groceries on the business card, no company money covering a personal bill.
Keep the records that show the LLC operates as its own entity: formation documents, operating agreement and any amendments, a current list of members and managers, written minutes for major decisions if members hold meetings, and tax returns and supporting financials for at least three years. None of it is burdensome for a small LLC, and the absence of these records is exactly what a plaintiff’s attorney looks for when arguing the LLC is a sham.
If You Do Business in More Than One State
If your LLC operates in a state other than where it was formed, you may need to register there as a “foreign LLC.” Triggers vary, but the common factors are having a physical location in the state, employing people there, or regularly accepting orders from customers in that state. Foreign qualification means a separate application, an additional fee, and a registered agent in each state. Ignoring it can bring fines and cost you the ability to enforce contracts in that state’s courts. If your operations are genuinely limited to one state, this isn’t something you need to deal with.
Beneficial Ownership Reporting: Current Status
The Corporate Transparency Act originally required most new LLCs to file a Beneficial Ownership Information report with the Financial Crimes Enforcement Network (FinCEN). In March 2025, FinCEN issued an interim final rule that exempts all domestic companies, including LLCs formed with a secretary of state, from BOI reporting.
As of early 2026, that exemption is still in effect while FinCEN works toward a final rule. The agency has indicated the final rule will narrow reporting to foreign companies registered in the United States. If you’re forming a domestic LLC, you are not currently required to file a BOI report. This area is actively evolving, so if you form later in the year, check FinCEN’s website to confirm the rules haven’t changed.