Start You LLC in Wisconsin

Quick facts about forming an Wisconsin LLC

Filing Fee	$130 online + $1 processing fee or $170 by mail
Processing Time	Same day to 1 business day online; up to 1-2 weeks by mail
Annual Report Fee	$25, due each year by the end of the formation anniversary quarter
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, mainly that it’s limiting your personal liability, and tax advantages because LLC’s profits in Wisconsin are only taxed once, which offers significant tax savings.

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 the members. Be prepared with the names, addresses, telephone numbers, and addresses of all the members listed.

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: 

• Do a Wisconsin secretary of state business search to ensure the name is unique, distinguishable, and not currently in use or reserved. If the name you wish to use is taken, try a different spelling or variation of the name to determine if this could be a solution
• Wisconsin requires the use of “limited liability company”, or one of its abbreviations of “L.L.C.” or “LLC” in the company name
• Certain words are restricted unless they directly pertain to your business. Words such as “bank,” “university,” or “attorney” will require additional paperwork and a licensed individual to become a part of your LLC
• The name cannot include words that could confuse it as being part of a government or regulatory agency. Words like “FBI,” “State Department,” “Treasury,” and similar are forbidden

Step 2: Appoint a registered agent

The state requires a Wisconsin LLC registered agent. This is to ensure there is always someone available during the normal business day to receive correspondence, packages, or service of process. Registered agents also receive compliance reminders, such as when it’s time to file your Wisconsin LLC annual report.

Wisconsin statute 183.0105 governing registered agents should be carefully reviewed. On average, a registered agent service will cost from $50 to $300 per year. Anyone over the age of 18 can be named as a registered agent if they have a Wisconsin street address. It is always wise to hire someone who understands their obligations and has experience. You may also be your own registered agent. 

Step 3: File articles of organization

Requirements

All requirements are spelled out in the documents for each separate filing. You will need:

• Names and contact information for all managers/members
• The registered agent’s name and address (must be the physical address)
• Business name and corporate formation documents
• Employer Identification Number (EIN)

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 of the registered agent and the registered office address. (If your business has multiple locations in different states, you will need multiple registered agents. In this instance, all registered agents should be listed)
• Management—the type of management the LLC will use; manager/managers or member/members
• 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, and there’s a $1 processing fee, so you will be charged $131 in total. This amount is just one part of the overall Wisconsin LLC cost you’ll need to consider.

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

• Reservation of business name: $15 with a $25 expedited fee
• DBA: $15
• Trademark Registration: $15

How to file

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

All transactions are done online, except for the name reservation form, of which one original copy must be sent to the State of WI-Dept. of Financial Institutions, Box 93348, Milwaukee, WI, 53293-0348 with a check for the non-refundable filing fee of $15 payable to the department. An additional $25 is required for requesting expedited service. 

Any questions should be directed to the Division of Corporate & 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?

A Wisconsin LLC operating agreement is not required by the State, but it is wise to have one in place. This document is important because it helps avoid disagreements between the LLC’s members in the future.

Step 5: Apply for an EIN

An EIN, or Employer Identification Number, is required by the Internal Revenue Service (IRS). Every registered business in the United States must have one. 

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. Go to the IRS website and fill out form SS-4 for an LLC EIN. You will be required to answer specific questions. The social security number of the managers/members is also required, 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 members of the LLC
• Issuing 1099s to independent contractors
• Reporting employees’ income to the federal government

FAQ