How to Form an LLC in Kansas

This guide for starting an LLC Kansas offers step-by-step instructions on how to file formation documents, Kansas Secretary of State Business Search, obtain tax IDs, and set up company records.

Overview

The most widely used business structure is the LLC. They are cheap to create, allow for flexibility, and are easy-to-run. Legally forming an LLC establishes your company, reduces personal liability, and allows for tax flexibility. This guide will walk you through the process step by step. Visit our list of the best LLC services.

Step-by-Step Kansas LLC Instructions

1. Verify Name Availability

   Your LLC’s legal name must not conflict with any other registered names. Do a name search to find the availability of your preferred name.

   Name Search	Kansas Secretary to State Name search
   Name Reservation	Optional
   Suffix:	Should contain the words “limited liability firm” or “limited company”, the abbreviation LLC, “LC”, or designation “LLC or LC”. K.S.A. §17-7920

2. Name a registered agent

   Before you file to establish your Kansas LLC, you must decide who your Kansas registered agents will be. Register agents are the business’s legal representative to receive legal or government notices.

   A registered agent is required by law in every state. You must designate the registered agent when you file Kansas articles with the Kansas Secretary Of State.

3. Kansas Certificate of Formation

   For limited liability companies, you will need to file the articles.

   Agency:	Kansas Secretary to State
   Form:	form DL: Kansas Limited Liability Company Articles of Organization
   Filing Method	Mail, fax or in-person
   Agency Fee	$165 + optional $20 Fax Fee
   Turnaround:	You can order online immediately. By paper, it takes 2-3 days
   Law:	K.S.A. SS17-7673

4. Establish Company Records

   Your LLC must keep accurate and complete books. Your LLC’s initial documents are your filed articles. The LLC will also produce many other official records, such as:

   • Minutes from meetings
   • Operating agreement
   • EIN verification letter
   • Amendments and other filings made by the LLC throughout its life

    

5. The Operating Agreement should be created

   The Operating Agreement, which is the governing document for your LLC, can be drawn (or used as a template). It outlines the procedures of how the LLC will be run, including holding an annual meeting. At your organizational meeting, you will review the agreement and vote on it.

6. The Organizational Meeting will be held

   The organizational meeting is the first meeting for members of the LLC. This meeting will require your operating agreement and filed articles of organization. Keep the minutes of this meeting in your company record book.

7. Receive a Federal Employer Identification Number, (EIN).

   EINs are required for LLCs that have more than one member and those who hire employees. EINs are often required in order to open a bank account.

   Agency:	Internal Revenue Service
   Form:	IRS Formula SS-4
   Filing Method	Mail, phone, or Online.
   IRS fee	$0
   Turnaround:	You can order online immediately or by telephone. 4 business days by fax. 4-5 weeks by post
   Notes:	The IRS website is not available after hours. Print your EIN before you close your session. For additional guidance, refer to IRS Public 1635: Understanding your EIN.

8. Kansas State Tax Identification numbers/Accounts

   Register if Kansas tax is required for your company.

   Send to:

   Kansas Department of Revenue

   http://www.ksrevenue.org

   Form:

   
   Application CR-16: Kansas Business Tax Application

   Filing Method

   Mail or online

   Fee:

   The required tax accounts or licenses will affect the state fee.

9. Consider Electing C-Corp Taxation / S-Corp Governance

   Your LLC is subject to pass-through taxes by default. Most LLCs retain this tax classification. Some LLCs may be eligible for C-Corp or S-Corp tax treatment.

   • S-Corp can be used to help owners who earn more that 75,000 annually save on self-employment tax.
   • C-Corps are subject to double taxation. The corporation pays taxes on profits, and members pay taxes for distributions. C-Corps may offer low tax rates for retained earnings if profits exceed $250,000 per owner.

10. Apply for Business Licenses & Permits

    Licenses and permits are required to legally run your business. You can search for your type of business and the location you live in using the Small Business Administration Business License & Permit Look-up Tool. This will allow you to quickly navigate through the many federal, state, local, and international requirements.

    Kansas Business License

    NOT REQUIRED

    Kansas does not require general business licensure at the state level.

    Kansas does not have a state-level general business license, but it is often required to obtain local licenses.

11. For your LLC, you will need to continue filings

    You must file tax returns for both the federal and state levels.

    In many states, business entities must file an annual return to keep their status with the secretary. For LLCs that were formed in Kansas, see the table below to find out if an annual report is required.

    Kansas Corporation Annual Report Requirements:

    Agency:	Kansas Secretary to State
    Form:	Annual Report – Form AR
    Filing Method	Mail or Online.
    Agency Fee	$50 online, $55 mail
    Due:	Each year by the 15th day in the 4th month following your fiscal year’s close, usually April 15th. May be filed as soon as January 1. The calendar year following the initial registration year is when the first annual reports are due.
    Law:	Kansas Statutes SS 17-7503.
    Penalties:	No late fee. No late fees. Your registration is forfeited if it is more than 90 days late.
    Notes:	A paper form must be signed by an officer, partner, or member. Original signatures do not need to be provided.