The path is the same in every state. You choose a name the state will accept, name a registered agent, and file a formation document (usually called articles of organization) with the state's business filing office, often the Secretary of State. Once the state approves the LLC, you apply for an Employer Identification Number (EIN). The IRS's EIN page says the number is free when you apply directly and warns against paying a third party for it. The same page says to form the entity with the state before applying. After that come an operating agreement, a business bank account, and any licenses your state or city requires.
The mistakes that cause real trouble are about sequence: applying for an EIN before the state has approved the LLC, or trying to open a bank account before either exists. With the order right, each step comes down to a form, a fee, and a wait.
The state filing fee is the one government cost you cannot avoid, and it varies by state. The only reliable figure is the one on your state filing office's published fee schedule. On the federal side, FinCEN's beneficial ownership page states that companies created in the United States are exempt from BOI reporting under its final rule, effective August 14, 2026. A US-formed LLC has no federal BOI filing to make.
Fees, deadlines and requirements at a glance
| Item | Figure or requirement | Official source |
|---|---|---|
| State filing fee | Varies by state; not stated here | Your state filing office's published fee schedule |
| EIN | $0 when applying directly | IRS, Get an employer identification number |
| Third-party EIN services | Never pay for an EIN | IRS, Get an employer identification number |
| EIN timing | Form the LLC with the state first | IRS, Get an employer identification number |
| Federal BOI report | Not required for companies created in the US (final rule effective August 14, 2026) | FinCEN, Beneficial Ownership Information Reporting |
| Registered agent | Required before filing; must be located in the state | SBA, Launch your business |
| Operating agreement | Recommended even where the state does not mandate one | SBA, Launch your business |
| Annual reports and state taxes | Deadlines vary; not stated here | Your state filing office and state tax agency |
The steps, in the order that matters
1. Check name availability. The SBA's Launch your business guide (read September 28, 2026) notes that each state sets its own rules for entity names and company suffixes, and that most states won't register a name someone else already holds. Your state filing office runs the name search and publishes the exact rules.
2. Choose a registered agent. The registered agent receives official papers and legal documents for the LLC. The SBA guide (read September 28, 2026) says an LLC needs one before it files, and the agent must be located in the state where the LLC registers. It also notes that many owners hire a registered agent service rather than take on the role themselves. Your state filing office publishes who may serve.
3. File the formation document. For an LLC this is usually the articles of organization. According to the SBA guide (read September 28, 2026), it covers the company name, address, member names and registered agent. It is filed with the fee on the state's schedule. States do not publish processing times consistently, and the real turnaround only becomes clear once you file.
4. Wait for approval. The IRS's EIN page (read September 28, 2026) says to form a corporation or LLC with the state before applying for an EIN, and warns that skipping this can delay the application. Nothing further should happen until the state confirms the LLC exists.
5. Get the EIN from the IRS. The IRS's EIN page (read September 28, 2026) says the application is free directly from the IRS and warns against websites that charge for it.
6. Write an operating agreement. The SBA guide (read September 28, 2026) describes it as the document that sets out how key decisions are made and each member's duties and responsibilities. It recommends having one even where the state does not require it. It is usually kept with the LLC's records rather than filed.
7. Open a business bank account. The SBA guide (read September 28, 2026) says you can open one once you have your EIN. It lists the documents banks commonly ask for: the EIN, formation documents, ownership agreements and a business license. That is why this step comes after both approval and the EIN.
8. Handle licenses and ongoing filings. The SBA guide (read September 28, 2026) says licenses and permits depend on your business activity and location. It points owners to state, county and city offices, and notes that some states require reports soon after registration. Your state filing office publishes its own reporting deadlines.
How the IRS classifies an LLC for taxes
The IRS has no separate tax category for LLCs. Under the IRS's Limited liability company (LLC) page (read September 28, 2026), a single-member LLC is by default disregarded as separate from its owner for income tax, and an LLC with two or more members is treated as a partnership. An LLC can instead elect to be taxed as a corporation by filing an election with the IRS. The IRS page sets out the election process. Which classification fits depends on income and circumstances.
Doing it yourself versus using a formation service
Doing it yourself costs the state filing fee, $0 for the EIN, and your time. Every form is published by the office that receives it.
A formation service submits the same state form for you. ZenBusiness charges $0 for its Starter tier plus the state fee, $199 per year for Pro, and $299 per year for Premium. Its registered agent service is a separate $199 per year on every tier, including Premium, discounted to $99 for the first year when you form with the company. The state fee is the same whichever route you take.
A paid service solves a real problem in one situation. You might lack a physical address in the state, not be reliably available during business hours, or prefer not to have your own address on the public record. In any of those cases, a registered agent service handles something you cannot easily handle yourself, and you can compare ZenBusiness's formation packages against other providers. Other providers' prices move, so check them as of 2026. (statefilingsteps.com may earn a commission on that link. The commission does not change the point of this page: the filing itself can be done without paying anyone beyond the state.)
A service does not make the EIN cheaper, since it is already free. It also cannot speed up the state's review beyond whatever expedited processing the state itself offers, if any.
FAQ
How do I register an LLC with my state, and do I need a registered agent and an operating agreement?
File a formation document with your state's business filing office, naming a registered agent located in that state. The SBA's Launch your business guide covers both steps. The SBA recommends an operating agreement even where the state does not mandate one, and your state filing office says whether it is required.
How does the IRS classify an LLC for taxes, and how do I get an EIN?
By default, the IRS treats a single-member LLC as disregarded from its owner and a multi-member LLC as a partnership, and an LLC can elect corporate treatment. Apply for the EIN directly with the IRS, for $0, after the state has approved the LLC.
Where do I find my state's official requirements to start an LLC?
Start with your state's business filing office, usually the Secretary of State, for fees, forms and name rules. The SBA's Launch your business guide includes a lookup for where to register in each state and points to state, county and city offices for licenses and permits.
Sources
- Internal Revenue Service, “Get an employer identification number”
- Financial Crimes Enforcement Network, “Beneficial Ownership Information Reporting”
- U.S. Small Business Administration, “Launch your business”
- Internal Revenue Service, “Limited liability company (LLC)”
This is general information, not legal advice, and LLC requirements vary by state and change over time.