Start You LLC in Wisconsin

Quick facts about forming a Wisconsin LLC

Item	Details
State filing fee	$130 online ($170 by mail)
Additional processing fee	$1
Processing Time	Faster online than by mail; next-business-day expedited processing is available for $100
Annual Report Fee	$25 online ($40 by mail), due by the end of the calendar quarter in which your LLC was formed
Registered Agent Required	Yes, must have a physical Wisconsin address
State Franchise Tax	None for default LLCs; applies only if taxed as a corporation
Business License	No statewide license, but cities and regulated professions require licensing
Managing Authority	Wisconsin Department of Financial Institutions (DFI)

How to start an LLC in Wisconsin in 5 steps

There are many advantages to forming an LLC. The main advantages are limited personal liability and pass-through taxation: by default, an LLC’s profits are taxed once, on the owners’ returns.

In regulatory matters, an LLC has few restrictions. In Wisconsin, any number of owners is acceptable, and LLCs are not required to have a board of directors or any annual meetings. LLCs do not have any limitations on the way profits are distributed, and owners can agree on what share of profits they want to use.

As a business, you could also qualify for several loans and incentives. Checking the State of Wisconsin’s Department of Financial Institutions website can provide additional information for those starting an LLC in the state.

There is a series of forms required to create your LLC that asks for specific information about your business. Be ready with your LLC’s name, principal office address, registered agent details and the name and address of each organizer.

These are the steps you’ll take to file your LLC in Wisconsin:

1. Name your Wisconsin LLC
2. Choose your registered agent
3. File articles of organization
4. Create an operating agreement 
5. Apply for an EIN

You’ll find a detailed outline and a helpful video to walk you through each step below.

Step 1: Name your Wisconsin LLC

There are specific requirements to follow when naming a business. These requirements exist to ensure you are correctly registered with the state. All policies are outlined by the Wisconsin Department of Financial Institutions. Additional questions can be answered by the Division of Corporate and Consumer Services. 

When naming your business, here are a few guidelines you should follow: 

• Search the Department of Financial Institutions’ business records to make sure the name is distinguishable from names already on file or reserved. If the name you wish to use is taken, try a different spelling or variation of the name.
• Your LLC’s name must include “limited liability company,” “limited company,” “LLC” or “LC” (or an accepted variation such as L.L.C.)
• Some words, such as “bank,” may require approval from another agency or a professional license
• Avoid words that suggest your business is a government agency

Step 2: Appoint a registered agent

The state requires a Wisconsin LLC registered agent. Your registered agent receives lawsuits and official notices for your LLC, so someone needs to be at the agent’s Wisconsin address to accept them. Registered agents also receive compliance reminders, such as when it’s time to file your Wisconsin LLC annual report.

Wisconsin’s registered agent rules are in section 183.0115 of the state’s LLC law. Your agent can be a Wisconsin resident or a business with a place of business in Wisconsin. The registered office must be a physical street address, not just a P.O. box, and the agent needs an email address. On average, a registered agent service will cost from $50 to $300 per year. Tailor Brands’ registered agent service is $199 per year. It is always wise to hire someone who understands their obligations and has experience. You may also be your own registered agent if you meet these requirements. 

Step 3: File articles of organization

Requirements

The articles are filed online with DFI using Form 502.

To complete articles of organization, you’ll need: 

• Name: the LLC name you have chosen in accordance with Wisconsin’s rules
• Registered agent: the name and email address of your registered agent and the registered office’s street address
• Principal office: the location of your LLC’s initial principal office
• Organizers: the names and complete addresses of each organizer
• Drafter: the name of the person completing the document
• Signature: the articles must be signed by one or more organizers
• Contact: the name, address, email address, and phone number of the contact person for the filing (All communication will go to the e-mail address)

State fees

The state filing fee for the articles of organization is $130 online ($170 by mail), plus an additional processing fee of $1. This amount is just one part of the overall Wisconsin LLC cost you’ll need to consider.

Depending on your industry, you may also pay for licenses and permits.

Filing fees for other forms you may file in the State of Wisconsin include: 

• Name reservation (120 days): $15
• Expedited processing (next business day): $100
• Trade name or trademark registration (optional): $15

How to file

All documents to file an LLC in Wisconsin may be completed online using the Department of Financial Institutions portal. 

You file the articles online through DFI. Paper filing is also accepted for $170 (mail to: Department of Financial Institutions, P.O. Box 93348, Milwaukee, WI 53293-0348). Expedited next-business-day processing costs an extra $100. 

Any questions should be directed to the Division of Corporate and Consumer Services at (608) 261-7577. Be sure to follow all instructions and completely fill out each section to avoid delays. 

Step 4: Create an operating agreement

An operating agreement is a legal, binding document that outlines the goals, objectives, and duties of the LLC and its members.

Is an operating agreement a must in Wisconsin?

Wisconsin doesn’t require a written Wisconsin LLC operating agreement, and you don’t file one with the state. Under Wisconsin’s LLC law, an operating agreement can be written, oral or implied, but a written agreement is strongly recommended. This document is important because it helps avoid disagreements between the LLC’s members in the future.

It should also explain what happens if you decide to dissolve your LLC later.

Step 5: Apply for an EIN

An EIN, or Employer Identification Number, is a federal tax ID issued by the Internal Revenue Service (IRS). Your LLC needs an EIN if it has employees or more than one member, and most banks ask for one to open a business account. 

There are benefits to having an EIN, including: 

• You do not have to use your personal social security number to do business
• You can separate personal and business finances
• You add credibility to your business
• You may apply for business loans
• Vendors are more comfortable doing business with you
• You will be able to legally hire employees
• You can issue 1099s to freelancers and contractors under the business name

Applying for an EIN is quick and convenient. Apply for free on the IRS website. You will be required to answer specific questions. You’ll need the Social Security number or ITIN of your LLC’s responsible party, as well as the physical address for your LLC. This could be the address of a manager/member or registered agent. 

Use your EIN for all tax and business purposes. The number is used in these different ways: 

• Opening a business bank account
• Filing federal tax returns
• Issuing 1099s to independent contractors
• Reporting employees’ income to the federal government

Once your LLC is set up, check which Wisconsin business licenses and permits you need.

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