Frequently Asked Questions About
Starting a Nevada LLC

There are a few different options when it comes to forming a business in Nevada. From a legal perspective, there are three main types of Nevada for-profit business entities: LLCs, S Corporations or C Corporations. For many entrepreneurs, we believe an LLC provides the right ratio of liability protection and ease of administration.

In order to create an LLC in the state of Nevada, there are some minimum requirements you must meet. These are a completed set of Articles of Organization, a business name and a fee you pay to the Nevada Secretary of State. We recommend taking some other steps before legally forming your LLC:

• Research your target market to make sure there’s a demand for the products and services you provide.
• Read industry guides to give you a starting point in your niche.
• Create a comprehensive business plan that defines the most important aspects of your Nevada business.
• Write an Operating Agreement that covers how you will run your LLC.

After you’ve created your Nevada LLC, you will also need to review your business license requirements, understand ongoing filing needs, set up a separate business bank account and get an accountant.

In Nevada, you register a business by completing and filing your Articles of Organization with the Nevada Secretary of State. You will need to gather pertinent information about your business, fill out the form and send it to the Secretary of State along with your filing fee. This will formally create your LLC in Nevada.

It is recommended by the state that you file your Articles of Organization via SilverFlume, Nevada's Business Portal. Alternatively, Incfile can help guide you through every step of the process by getting details from you and filing the form on your behalf — for free! There’s no additional charge for our basic LLC filing service, so all you need to do is pay the Nevada state filing fee.

At the time of writing the fee charged by the Nevada Secretary of State is $75. You can always check the latest Nevada filing fees here. Some states allow you to pay an additional fee for expedited filing through Incfile, which will create your LLC faster. The amount of the expedited fee is dependent on how quickly you want your filing processed. Some LLC filing services do charge you extra to prepare and submit your filing documents, but at Incfile, we do this for free — so you only pay the state fee.

Once you’ve gathered all of your information together and filed your Articles of Organization (or had Incfile do it for you) via SilverFlume, most transactions will be processed the same day by the Nevada Secretary of State and your LLC will be legally formed. Because of the quick processing times available, the state of Nevada does not offer expedited filing times like many other states.

The name of your Nevada LLC needs to be unique, so you’ll need to ensure that it isn't already being used by another business. You can do that via the Nevada Secretary of State website, or by using Incfile's fast and simple Business Name Search tool.

There are a few ways to register your Nevada LLC name.

• If you’re creating a new business and your business name is unique in Nevada and meets state naming rules, you simply include it in your Articles of Organization.
• If you want to change the legal name of your business, file a Certificate of Amendment with the Secretary of State.
• If you just want to do business under a different name, you'll need to register a fictitious name with your county clerk, or have Incfile do it on your behalf.

If you want to prevent people from using your business name across the U.S., you can file a trademark for the name. We can help.

In other states, the formal documents that you file to form a corporation or LLC might be known as Articles of Incorporation. In Nevada, this document is called your Articles of Organization, and it performs the same functions as the Articles of Incorporation.

Yes, the State of Nevada allows for the formation of a Series LLC within the state. A Series LLC is a special type of LLC where you create one “overall” business and then have individual, series LLCs within it, each counted as separate legal entities.

To form a Series LLC, simply fill out the domestic Articles of Organization form indicating that it's a Series LLC, and file it with the Secretary of State. The fee for a Series LLC formation is $75.

Yes, all legal business entities in Nevada, including LLCs, must have a Registered Agent at all times. Here at Incfile, we provide a free Nevada Registered Agent service for the first year if you file through us.

If you want to change your Nevada Registered Agent you can do so by filing a Statement of Change with the Secretary of State. Here at Incfile, we provide a free Nevada Registered Agent service for the first year if you file through us. If you’ve been using a different Registered Agent and want to switch to us, we’ll file the Statement of Change on your behalf.

If you need to know the Registered Agent of a specific Nevada business, you can perform a Nevada Registered Agent search within the state's business database.

As an LLC, any business profits you earn will be reported on your personal 1040 filing and reported and taxed as “pass-through” income. You will typically need to pay:

• Self-employment or payroll tax on all business profits
• Federal income tax on profits after you meet your tax-free allowance
• Sales tax for selling taxable products and services

Nevada charges a 6.85 percent state sales and use tax on all retail sales, leases and rentals of most goods. You may also need to pay sales tax if you provide a taxable service. You can find more information and resources about Nevada's sales and use tax here.

You will need to apply to the Nevada Department of Taxation for sales tax permits. You can complete this process online.

The base rate for Nevada sales tax is 6.85 percent, and there may be additional sales tax depending on your region, county or city. Once you know your overall sales tax amount, calculate the value of all your taxable products and services. Then, multiply that by your sales tax rate to understand how much you will need to pay.

Once your LLC’s sales tax application is approved, you will receive a letter with instructions on how often you must file a sales tax return and pay sales taxes. Returns and payments may be due monthly, quarterly or annually.

Any business entity in Nevada may need to pay a tax for the privilege of doing business in the state (referred to as the Commerce Tax), however it does not apply unless your business entity's annual gross revenue has exceeded $4,000,000.

If you wish to do business in the state of Nevada and remain in compliance with the state, you'll need a business license of some type in order to do so. The types of business licenses you need will vary depending on your type of business, industry, location and various other factors. We can research the types of business licenses you might need for you.