Forming an LLC in Kansas

By Jordan Walker, J.D. | Legally reviewed by Ally Marshall, Esq. | Last reviewed November 19, 2022

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Are you interested in forming a Kansas limited liability company? A limited liability company (LLC) is a business entity that many small business owners choose to organize themselves when they are just getting started. The business structure of a Kansas LLC appeals to entrepreneurs because it can provide liability protection to the owners and help them protect their personal assets.

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Table of Contents

Steps to Form an LLC in Kansas

1

Name Your LLC

Creating a legally proper LLC name and then protecting it is one of the first actions in LLC formation. This process can be complex and time-consuming, but the LLC needs to operate legally in Kansas.

The first thing you may want to do in the LLC formation process adventure is come up with a great LLC name (that's up to you). Kansas law requires that the name be unique and different from any other company's name. You can do a name search on the Secretary of State business entity search page to check name availability and confirm the name you want isn't being used by an existing business. The name you decide on must contain one of these legal suffix abbreviations, or a similar variation:

  • Limited Liability Company
  • Limited Company
  • L.L.C.
  • LLC
  • L.C.
  • LC
  • Ltd. Co.

Kansas also allows name reservations for 120 days while the formation process continues through the Kansas Business Center website. Reserving a business name is not a guarantee that your name will be approved, but it keeps anyone else from using your Kansas LLC name for that time. There is a $30 filing fee.

2

Get a Registered Agent

The State of Kansas requires a registered agent (or resident agent) for service of process within Kansas state when you start an LLC. A registered agent is designated to receive legal documents, business notices, and other important mail on behalf of the LLC. A Kansas registered agent can be an individual or company but must have a physical Kansas street address. A forming LLC will often choose a professional registered agent service or the company lawyer.

3

File Your Articles of Organization

You are now ready to register your Kansas LLC by filing formation documents with the Kansas Secretary of State. Your Kansas articles of organization must contain the following information:

  • LLC name and mailing address
  • Name and street address of the registered agent
  • Tax closing month – you choose this when you form the LLC, and it is connected with when you will file your annual report
  • Effective date of the LLC
  • Organizer name (must be at least one)
  • Organizer signature(s)

The state fee is $160 for filing online through the Business Center (with a credit card or electronic check) and $165 for paper filing by mail or in person. If you file online, you are able to confirm the formation of your LLC immediately. If you file with paper forms, it can take 2-3 business days.

Once registration of your LLC is complete, a business entity ID number will be issued for future filings and correspondence with the Kansas Secretary of State.

4

Draft an Operating Agreement

An LLC operating agreement is not required under Kansas law but is a good way to clarify members' interests. A Kansas LLC operating agreement can contain the following points:

  • Percentage of members' ownership
  • Voting rights and responsibilities
  • Powers and duties of members and managers
  • Distribution of profits and loses
  • Holding meetings
  • Buyout and buy-sell rules (procedures for transferring interest or in the event of a death)

The members may manage an LLC or hire an outside manager. You will indicate which you have chosen on your registration application.

5

Get an EIN

An EIN (Employer Identification Number) is issued by the Internal Revenue Service (IRS) and is like having a Social Security number for your business. You can apply for an EIN on the IRS website. You will likely need an EIN if your LLC has more than one member, to open business bank accounts, and for federal tax purposes.

6

Set Up Business and Tax Accounts

Your LLC will likely be subject to federal income taxes and state taxes. You should find out if your LLC is required to set up an account with the Kansas Department of Revenue to register and pay business taxes, including withholding taxes, sales taxes, use, and service provider taxes. You'll fill out a questionnaire to find out what business taxes your LLC is required to pay. You might want to consult an accountant about your LLC taxes before filing your tax returns.

Business and Tax Requirements in Kansas

You will likely have to comply with some local and state requirements to make sure your LLC is properly established once you complete registering your LLC with the Secretary of State. LLCs have particular requirements for filing taxes.

State Business Tax

LLC owners should set up an account with the Kansas Department of Revenue Customer Service Center for your LLC to register and pay business taxes.

State Employer Tax

If members of the LLC earn any income through the business, they have to pay self-employment taxes. If the LLC has employees, it must pay state employer taxes through the Kansas Workforce Commission. If your LLC has employees, you may also need to register with the Kansas Department of Labor for unemployment taxes and for Workers' Compensation Insurance.

Sales and Use Taxes

If the LLC provides tangible goods and services, it must pay sales and use tax. LLCs may also be charged for additional local sales and use tax.

Business Licenses and Permits

Your LLC might also need to comply with local government license and permit requirements depending on the type of business your LLC conducts and where it is located. If your LLC's business involves liquor or tobacco products, you may need to obtain additional licenses and permits with the state. Depending on the type of business your LLC conducts, you may also need to apply for local permits and licenses in the city or county where your LLC is located.

Annual Requirements in Kansas

Kansas LLCs must file an annual report with the Secretary of State to remain in good standing. The due date depends on your LLC's tax closing period. An LLC with a calendar year tax period may file an annual report any time after the end of the tax period. An annual report may be filed beginning January 1 but must be filed by April 15. An LLC with a tax period other than a calendar year must file an annual report no later than the 15th day of the fourth month following the end of the LLC's tax period. The fee for online filing is $50 and for paper filing is $55.

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FAQs About Kansas LLC Formation

    • To register your LLC in Kansas and file your articles of organization, the fee is $160 for online filing and $165 for paper file by mail or in person.

    • To maintain your LLC, you must file annual reports and pay $50 to file them online and $55 to file by paper. A list of LLC filings and fees can be found on the Kansas Secretary of State website.

    • There are a few different kinds of LLCs you're permitted to form in Kansas.

      • Single-member LLC: A single-member LLC is made up of one owner or member. For tax purposes, a single-member LLC is treated like a sole proprietorship and the owner includes the business income and expenses on their personal income tax return.
      • Multi-member LLC: A multi-member LLC has two or more members or managers. There is no limit on the number of members a multi-member LLC can have. It's a common business structure for individuals looking to start a shared business, like married couples or families. The members can manage the business themselves or hire outside managers to oversee the business.
      • Professional LLC: A professional limited liability company can be formed in Kansas by individuals licensed to perform a particular service. The LLC must be limited to the practice of one professional service. The formation of professional LLCs in Kansas is limited to certain professions. Some examples of professional services include certified public accountant, dentist, veterinarian, and geologist.

    • Instead of a certificate of formation, you can request a certified copy of your articles of organization to verify your LLC registration is valid. Any LLC formed to provide a technical professional service (architecture, engineering, landscape architecture, geology, and surveying) is required to apply for and obtain a certificate of authorization.

    • A certificate of good standing is a certificate issued by the Kansas Secretary of State's Office and certifies your LLC has complied with the laws of Kansas, is in good standing, and is authorized to do business in the state. You may need a certificate of good standing if you want to open a bank account for your LLC or register it in another state as a foreign LLC. There's a $10 fee to request your certificate of good standing online and a $10 fee to request it by paper.

    • Here's a recap of the requirements to form an LLC in Kansas:

      • Choose an original name that complies with Kansas law
      • Get a registered agent
      • File articles of organization
      • Register with the Kansas Department of Revenue and determine business taxes
      • Obtain required licenses and permits (state and local)
      • Apply for an EIN with the IRS

      You can also use an LLC formation service to get your business up and running without the stress and hassle of doing it yourself.

    • The benefits of having an LLC in Kansas include:

      • Limited personal liability for members for business debts and lawsuits
      • Fewer reporting and recordkeeping requirements than other kinds of entities, including corporations
      • Avoiding the double taxation—business and personal—of corporations if taxed as a pass-through entity
      • Unlike corporations, Kansas LLCs do not have to file annual or biennial reports with the state

    • To maintain your Kansas LLC, you need to comply with state and local requirements and pay any applicable fees and taxes. You are required to file annual reports with the Secretary of State and pay a $50 fee to file online and $55 fee to file by paper. You also need to be sure to renew any required business licenses and permits with the appropriate agency.

    • Any foreign (out-of-state) LLC that wants to do business in Kansas must register with the Secretary of State. There is a $165 filing fee.

    • No. Articles of organization are what you are required to file with the Kansas Secretary of State to form your LLC in Kansas. An operating agreement is a contract between members of the LLC about how the business is owned and operated but is not required under Kansas law.

    • A “DBA" means “doing business as" and is a fictitious name your business is doing business under that is different from its registered name. You cannot apply for or register a DBA at the Kansas state level. You should check with your LLC's local city or county government office to find out if you can apply for a DBA there.

    • Your LLC is required to register with the Kansas Department of Revenue to determine its business tax requirements. You might also need to obtain permits or licenses through local governments, including occupational or professional licenses.

    • The mailing address for the Kansas Secretary of State is:

      Kansas Secretary of State
      Memorial Hall, 1st Floor
      120 S.W. 10th Avenue
      Topeka, KS 66612-1594

    • Yes. You can use a professional service as your LLC's resident agent or registered office to protect your privacy, keep your LLC compliant, and ensure receipt of any important legal mail or notices.

    • A domestic LLC conducts business in the state where it is formed. A Kansas domestic LLC is formed and operates in the state of Kansas.

    • To register your Kansas LLC in another state or jurisdiction, visit the website for the government agency responsible for business services in that state or contact them to find out the requirements. You will likely need to obtain a certificate of good standing from the Kansas Secretary of State to submit with your foreign LLC registration.

    • Before you can dissolve an LLC in Kansas, the business must be active, in good standing, and all annual reports must be filed. You file a Certificate of Cancellation with the Secretary of State. There is a $35 filing fee.

    • An anonymous LLC does not disclose its members' names in the articles of organization. The only states that permit the formation of anonymous LLC formation are Delaware, Nevada, New Mexico, and Wyoming. If you want to start your business and protect your privacy, use a professional registered agent service to receive your service of process.

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