Forming an LLC in Idaho

Created by FindLaw's team of attorney writers and editors.

Choosing the right business structure for your business is one of the most significant decisions you'll make. If you're interested in setting up an LLC, then it's important to understand the necessary steps for beginning the process. This article explains how to start forming an LLC in Idaho and provides a link to the proper forms with links to relevant state laws.

Forms for Idaho LLC Formation

If you want to create an Idaho LLC, then you'll need to complete and file specific forms. Fortunately, you can use FindLaw's Idaho LLC Formation Package for your convenience.

LLC Attributes

Limited liability companies offer advantages in the form of a pass-through tax status in the same way that a partnership does and the protection against personal liability against the company's debts and judgments, much like a corporation.

Explanation of Forming an LLC in Idaho

LLC formation requirements vary depending on the state. To successfully form an LLC in your state, you must comply with state law. Read the chart below for an explanation on forming an Idaho LLC, including links to relevant statutes.

Statutes

Idaho Statutes Title 30 Corporations:

Name the LLC

Name Requirements

Idaho law requires that the LLC names must:

  • Contain the term "Limited Liability Company"; or "Limited Company"; or the
  • Approved abbreviations "L.L.C.," "L.C." or "LLC"; and
  • Be different from the names of existing businesses that are already registered with the Secretary of State.

Perform a Name Check

Check with the Idaho Secretary of State Business Name Search Database for name conflicts.

Reserve LLC Name Prior to Filing

You can reserve your chosen name for 4 months by paying a fee and registering with the Secretary of State.

Select a Registered Agent

Every Idaho LLC must have an agent for service of process purposes if the company is sued.

The agent registered:

  • Must have a physical street address in Idaho; and
  • May be an individual who resides in Idaho; or
  • A domestic or foreign business entity registered with the Secretary of the State.


File Articles of Organization

You must file the Certificate of Organization (along with a filing fee) with the Idaho Secretary of State.

The filing (which includes fees) must include the following information:

  • The LLC's name and address;
  • The registered office's name and address; and
  • The name and address of at least one manager in a manager-managed LLC or a member in a member-managed LLC.

You may file online or by regular mail.

Create an Operating Agreement

Although Idaho doesn't require them, it's recommended that owners create an operating agreement.

Comply with Tax and Regulatory Requirements and Determine Necessary Business Licenses/Permits

Business Registration and IRS Requirements

If your company sells goods and collects sales tax, you will likely have to register with the Idaho State Tax Commission.

If your LLC has more than one member, then you must apply for an Employer Identification Number (EIN).

Business Licenses

You may also have to obtain local and state business licenses, depending on the type of business and the location.

Foreign LLCs

All LLCs organized outside of the state must register with the Secretary of State to do business in Idaho. All foreign LLCs must appoint a registered agent for process of service who is physically located in Idaho.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Annual Reports

Every LLC doing business in Idaho is required to file an annual report with the Idaho Secretary of State. The Secretary of State will give notice by sending correspondence to inform you when the annual report is due. The report must be filed online.

Forming an LLC in Idaho: Related Resources

Forming an LLC in Idaho? Connect with an Attorney

You may find that forming your Idaho LLC is a lot less challenging than you imagined, especially after obtaining the necessary forms. However, you still may run into some issues with formation or have specific questions about your business plan or operations. Turn to an experienced legal professional who can give you legal insight by connecting with an Idaho business organizations attorney near you.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.