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How to Form a Single-member LLC in Wisconsin

If you're a small business owner in Wisconsin, forming a single-member LLC can provide many benefits, including liability protection and tax flexibility. In this article, we'll outline the steps to form a single-member LLC in Wisconsin, along with some tips to make the process smooth and easy.

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Step 1: Choose a Name for Your LLC

The first step in forming a single-member LLC in Wisconsin is choosing a name for your business. Your name must meet certain requirements, such as being unique and not too similar to another business name in Wisconsin.

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To check if your chosen name is available, you can search the Wisconsin Department of Financial Institutions (DFI) Business Entity Name Availability Database.

Once you've found a name for your LLC, you may want to consider filing for a trademark to protect your brand and prevent others from using your name or logo.

Step 2: File Articles of Organization

Next, you'll need to file Articles of Organization with the Wisconsin Department of Financial Institutions. This document officially establishes your LLC as a legal entity in Wisconsin and includes important information about your business, such as:

- Business name

- Registered agent and office

- Organizer

- Purpose of the LLC

You can file your Articles of Organization online or by mail. The filing fee is $130 at the time of writing. We recommend filing online, as this is the fastest and most efficient method.

Step 3: Obtain Necessary Business Permits and Licenses

Depending on your industry and location, you may need to obtain certain permits and licenses to operate your business in Wisconsin. Some common examples include:

- Business tax registration with the Wisconsin Department of Revenue

- Professional licenses for certain industries, such as contractors or healthcare providers

- Zoning and building permits for physical locations

You can check the Wisconsin Department of Administration Business Portal for a list of permits and licenses required in Wisconsin by industry.

Step 4: Draft an Operating Agreement

An operating agreement is a legal document that outlines how your LLC will operate and function. Although not required by law in Wisconsin, having an operating agreement is highly recommended to clarify member roles and responsibilities, outline profit and loss distribution, and address any potential conflicts or issues that may arise in the future.

You can draft your own operating agreement or use templates and resources available online. If you're unsure of what to include or want to ensure your agreement is legally sound, you may want to consult an attorney.

Step 5: Obtain an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is a unique nine-digit number issued by the Internal Revenue Service (IRS) to identify business entities for tax purposes. Even if you're a single-member LLC and have no employees, obtaining an EIN is necessary to open a bank account, file taxes, and conduct other business activities.

You can apply for an EIN online or by mail. There is no fee to obtain an EIN.

Step 6: Maintain Your LLC

Finally, it's important to maintain your single-member LLC to ensure it stays in good standing and continues to offer the benefits it was designed for. Some important tasks to keep your LLC in good standing include:

- Filing annual reports and paying any associated fees to the Wisconsin Department of Financial Institutions

- Maintaining proper documentation and record-keeping, such as financial records and meeting minutes

- Keeping your personal finances separate from your LLC finances to retain liability protection

By following these steps, you can form a single-member LLC in Wisconsin and enjoy the benefits of liability protection and tax flexibility. If you're unsure of any step in the process, we recommend consulting an attorney or accountant to ensure everything is done correctly and in accordance with Wisconsin laws and regulations. Good luck!

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© Aurora Skyler.