How to Form an LLC in Wisconsin in 7 Steps
Forming a Wisconsin limited liability company (LLC) requires choosing a name for the LLC, appointing a registered agent, filing articles of organization, getting an EIN, and registering for business and tax accounts.
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If you’re forming a Wisconsin limited liability company (LLC), then you’ll want to make sure that you understand all of the requirements for Wisconsin LLC formation for your small business.
LLC laws vary from state to state, so it’s important to get a good grasp of the steps you need to take to form your own startup LLC in Wisconsin. Following a step-by-step guide makes the process easy.
7 Steps to Start a Wisconsin LLC
Name Your LLC
To make sure that your LLC name complies with the laws of Wisconsin, you’ll need to take the state naming requirements under Wis. Stat. 183.0112 into consideration. Note that your business name must be distinguishable from all other business names on record with the state. This means that your name can’t be the same as or too similar to a business name that’s already registered or reserved. How do you know if a business name is already taken? You can conduct a name search through the Wisconsin business name database. If a name that you like is already taken, you need to pick a different name.
It’s also important to note that your LLC name must include one of the following entity designations or abbreviations:
- Limited liability company
- Limited liability co.
- LLC
- L.L.C.
When you settle on a name that’s available, you might want to make sure it doesn’t get taken before you can register your business. You may pay a fee and file a name reservation application by filing an application by postal mail. Once approved, under Wis. Stat. §183.0113, your name reservation is good for 120 days.
Get a Registered Agent
Under Wis. Stat. §183.0115, every Wisconsin LLC and foreign LLC doing business in Wisconsin must select a registered agent who agrees to accept legal documents if the company is sued.
The agent must have a physical street address in Wisconsin and be either a:
- Wisconsin resident
- Business entity authorized to do business in Wisconsin
You can serve as your own registered agent, but most business owners find that it’s best to select someone else or use a registered agent service. Note that a P.O. Box is not acceptable for a registered agent address. Also, the Wisconsin registered agent must be a person or company that is available during normal business hours to accept service of process.
File Your Articles of Organization
This is the step that forms your LLC. To start an LLC, you must file the articles of organization with the Wisconsin Department of Financial Institutions. The filing (which includes fees) must include the following information under Wis. Stat. §183.0201:
- LLC’s name and address
- LLC’s purpose
- Registered agent’s name and address
- Whether the LLC is member-managed or manager-managed
- Name of the drafter of the articles
- Name and address of each LLC organizer
You may file online or via regular mail. The filing fee is $130 for online filers. If you choose to file your Wisconsin articles of organization by paper, the filing fee is $170.
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Draft an Operating Agreement
You should consider drafting an operating agreement for your organization, even though it’s not required by law in the state of Wisconsin. It’s an important internal document that can provide guidance if you ever face a dispute or any conflict among members of the organization. LLC operating agreements tend to address the:
- Process for admitting new members
- Voting procedures
- Rights, responsibilities, and liabilities of members
- Procedures for dissolution
Without a Wisconsin LLC operating agreement, state LLC laws will apply in the event there is a conflict.
Get an EIN
Most businesses are required to obtain a Federal Employer Identification Number (FEIN). It’s essentially a Social Security number for your business issued for federal tax purposes. You can apply for one on the Internal Revenue Service (IRS) website for free.
Set Up Business and Tax Accounts
Wisconsin businesses may need to complete a business tax registration and pay a $20 fee. This is done through the Wisconsin Department of Revenue. The initial registration is good for two years then must be renewed yearly. The renewal fee is $10.
Business licenses and permits are often required for LLCs in Wisconsin. However, some licenses or permits are industry-specific, so you’ll need to check with state and local agencies to determine what the needs are for your type of business. The Department of Safety and Professional Services provides a list of the licenses that are required by some professions.
Check for Additional Federal or State Requirements
Check state and federal websites to determine if there are any specific rules for your business. For example, some LLCs may have to file a Beneficial Ownership Information Report (BOIR) with FinCEN. Under current law, LLCs created in the United States are “domestic reporting companies” and are exempt from the BOIR requirement.
However, laws may change, so stay up to date with state and federal requirements.
Business and Tax Requirements in Wisconsin
Your LLC will likely be subject to various state business taxes depending on the type of business activities it conducts.
State Business Tax
If you choose to be taxed as a corporation instead of a pass-through entity (for which business income will be reported on your personal income tax return), you will pay the 7.9 % state corporate business tax.
State Employer Tax
If your LLC has employees, you must withhold the state income tax and register with the Wisconsin Department of Revenue for a Wisconsin withholding tax account number. The registration fee is $20 and valid for two years. After that, you must renew and pay the renewal fee of $10. As an employer, your LLC may also have to pay unemployment insurance to the state. More information about unemployment can be found on the Wisconsin Department of Workforce Development’s website.
Sales and Use Tax
If your LLC sells, leases, or rents tangible property or taxable services in Wisconsin, you must apply for a seller’s permit with the Department of Revenue unless you qualify for a sales tax exemption. You may be required to make a security deposit before you are eligible to receive your permit. It typically takes seven to ten business days to receive your permit once your application is received by the Department of Revenue. Retail businesses not located in Wisconsin but engaging in business within the state must obtain a use tax certificate.
Business Licenses and Permits
Your LLC may be required to get additional licenses and permits if your business involves alcohol, fuel, or tobacco. You can register for applicable business permits online through the Department of Revenue’s website. Also, you may need to apply for local business licenses in the city or county where your LLC is located or does business. Contact your local city or county government to find out if your LLC needs to apply for any specific licenses to operate.
Registration in Other States
If you want to do business in another state, you will likely have to register as a foreign LLC in that state or jurisdiction. You will probably be required to submit an application, pay a fee, and provide proof of your LLC’s good standing in its home state of Wisconsin.
Annual Requirements in Wisconsin
All LLCs must file annual reports with the Department of Financial Institutions. You have the option of filing online through their One-Stop Business Portal. A $25 filing fee is required. Two years after your initial registration, you must renew your business tax registration each year and pay the $10 renewal fee. Your business will also be required to pay state and federal income tax yearly and remit sales tax.
Wisconsin LLC Formation FAQs
The cost of having an LLC in Wisconsin can vary depending on the type of business, who forms the business, and the taxes, fees, or other costs associated with your LLC’s operations. A list of forms and fees for LLCs in Wisconsin can be found on the Department of Financial Institutions’ website.
It costs $130 to file your articles of organization online and $170 to file by paper. Student entrepreneurs forming an LLC in Wisconsin may be eligible for a fee waiver.
Wisconsin allows the formation of different types of LLCs. You can choose the kind of LLC that works best for you. Unlike many other states, Wisconsin does not have a separate designation for a professional limited liability company (PLLC). Instead, professions in occupations such as doctor, dentist, lawyer, accountant and others will form a regular LLC.
- Single-member LLC: If you are a sole proprietorship or a solo entrepreneur, you can create a single-member LLC and have total control over your business. There is one LLC owner or member who reports business income on their income tax return.
- Multiple-member LLC: This type is made up of two or more members or managers and can be similar to the structure of a partnership. Members can share control of the business or designate outside managers to oversee operations.
Some states issue a certificate of formation as an LLC’s initial formation or charter document. In Wisconsin, it’s called “articles of organization" and verifies your LLC’s legal registration in the state of Wisconsin. You may need a certified copy of your articles of organization to open a business bank account and apply for business licenses or permits. You can request a certified copy from the Wisconsin Department of Financial Institutions for a state fee of $10.
A certificate of good standing verifies your LLC’s compliance with state laws and requirements. In Wisconsin, it’s known as a “certificate of status." It may be required to apply for business loans or to do business in a different state. You can request a certified copy of your LLC’s certificate of status from the Department of Financial Institutions. The fee is $10.
To form an LLC in Wisconsin you are required to file articles of organization with the Department of Financial Institutions. You must choose a valid business name and select a registered agent with a physical address within the state.
Wisconsin does not require that you file an operating agreement. However, it can be a good idea to have one because this document puts forth important information about your business including how to buy members out, division of responsibility between members, and the decision-making process.
Forming a Wisconsin LLC requires time and effort but is a business structure with considerable benefits. Perhaps one of the most important advantages of LLCs is personal liability protection.
Without liability protection, you could lose your personal assets, such as a house or car, due to a lawsuit or judgment against your business. Another important feature of LLCs is flexibility in the way they are taxed. An LLC offers pass-through taxation to avoid double taxation.
To maintain an LLC in Wisconsin state, you must comply with the state’s requirements for active businesses. You must file an annual report each year with the Department of Financial Institutions. The fee is $25 to file online and $40 to file by paper. You are also required to renew your business tax registration with the Department of Revenue every two years and pay the $10 renewal fee.
No. Wisconsin requires all LLCs to file articles of organization to form and register an LLC in the state. An operating agreement is an optional agreement between members of the LLC. It is internally maintained by the members and does not have to be filed with the state.
Yes. Wisconsin does not require registration of a DBA (doing business as) or fictitious name that your LLC uses to conduct business even if it is not the name used as your LLC’s registered business name. However, if you wish to use a trade name, you can register the name you will be using through the Department of Financial Institutions.
It depends. Although there is no general business license required in Wisconsin, you may be required to apply for business licenses or permits with the Department of Revenue after initially registering with the Department of Financial Institutions. Depending on what kind of business your LLC conducts, you may need to apply for specific permits to operate. Examples of some types of business activities that require permits include:
- Selling, leasing, or renting tangible property or taxable services
- Alcohol
- Fuel
- Tobacco
If your LLC offers a professional service, you probably need a particular license issued by the applicable state licensing board. Business licenses and permits are also likely required on the local level in the city or county where your LLC is located.
You can form your Wisconsin LLC online through the Department of Financial Institutions’ One Stop Business Portal. You can also use an LLC business formation service if you want assistance with getting your new business registered.
LLC registration and maintenance is handled by the Wisconsin Department of Financial Institutions. The mailing address is:
State of WI-Dept. of Financial Institutions
Box 93348
Milwaukee, Wisconsin 53293-0348
The physical address for in-person registration and express or priority mail is:
State of WI-Dept. of Financial Institutions
Division of Corporate and Consumer Services
4822 Madison Yards Way
North Tower
Madison, WI, 53705
If you choose not to name yourself or another LLC member or employee as your Wisconsin registered agent, you can use a registered agent service. This company will not only keep you in compliance and accept service of process for you but can also provide a level of privacy since your contact information will not be public.
A domestic LLC is one that has been formed in the state of Wisconsin.
If you would like to do business in another state, you will need to register your LLC there, probably as a foreign LLC, and pay the necessary fees. You will likely be required to include a certificate of good standing or status with your foreign LLC application to prove your LLC is compliant in Wisconsin. You can request a certificate of status from the Department of Financial Institutions.
If you registered an LLC in another state but would like to do business in Wisconsin, you need to file an application for certificate of authority and pay a $100 fee.
If you choose to close your business, you will need to file articles of dissolution and pay a $20 state fee.
Some states allow the formation of anonymous LLCs, a method used to keep the owner’s names private. Wisconsin does not have this option, but if you choose to use a registered agent service, your contact information can remain private.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
How to Start an LLC in Other U.S. States
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- Alabama
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- Arkansas
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- Colorado
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- Delaware
- Washington DC
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- Idaho
- Illinois
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- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
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- Mississippi
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- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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