Frequently Asked Questions About
Starting an Oklahoma LLC

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

In order to form an LLC in the state of Oklahoma, 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 Oklahoma Secretary of State. We recommend taking some other steps before legally creating 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 Oklahoma business.
• Write an Operating Agreement that covers how you will run your LLC.

After you’ve created your Oklahoma 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 Oklahoma, you register a business by completing and filing your Articles of Organization with the Oklahoma Secretary of State. You will need to gather information about your business, fill out the form and send it to the Secretary of State with your filing fee. This will officially form your LLC in Oklahoma.

You can file your Articles of Organization on the Secretary of State website or mail it in. Alternatively, Incfile can 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 Oklahoma state filing fee.

At the time of writing the fee charged by the Oklahoma Secretary of State is $100. You can always check the latest Oklahoma filing fees here. You can also pay an additional $25 for expedited filing if you file in person, which will create your LLC faster. 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 pertinent information together and filed your Articles of Organization (or had Incfile do it for you), it can take 10-15 business days if you file by mail, or 1-2 business days if you file online, for the Oklahoma Secretary of State to legally create your LLC. If you pay an additional $25 expedited fee, and file in person, your LLC can be formed the same day.

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

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

• If you’re forming a new business and your business name is unique in Oklahoma 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 Amended Articles of Organization with the Secretary of State.
• If you just want to do business under a different name, register a Trade Name with the Oklahoma Secretary of State, or we can do that 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 several other states, the formal documents that you file to form a corporation or LLC might be known as Articles of Incorporation. In Oklahoma, this document is called your Articles of Organization, and it performs the same functions as the Articles of Incorporation.

Yes, since 2004 the State of Oklahoma has allowed the formation of Series LLCs 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.

There are no special forms to file when forming a Series LLC in Oklahoma. To form a Series LLC, simply fill out the Articles of Organization form and file it with the Secretary of State. Then, make sure to create an Operating Agreement specific for a Series LLC. The fee for a Series LLC formation is the same for a domestic LLC at $100.

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

If you wish to change your Oklahoma Registered Agent you can do so by filing a Change or Designation of Registered Agent form with the Secretary of State. Here at Incfile, we provide a free Oklahoma 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 appropriate forms on your behalf.

If you need to know the Registered Agent of a specific Oklahoma business, you can perform an Oklahoma 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

Oklahoma levies a 4.5 percent state sales and use tax on all retail sales, leases and rentals of most goods. You will also need to pay sales tax if you provide a taxable service. You can find more information about the Oklahoma sales tax here.

You will need to register as a sales tax vendor with the Oklahoma Tax Commission. You can complete this process online.

The base rate for Oklahoma sales tax is 4.5 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 registration is approved and complete, you will receive information regarding how often you must file a sales tax return and pay sales taxes. Returns and payments may be due monthly, quarterly or annually.

Some businesses will need to pay a corporate franchise tax in Oklahoma, however it does not apply to LLCs unless your LLC is treated as a C Corporation for tax purposes.

If you wish to conduct business within the state of Oklahoma, you'll likely need a business license of some type in order to maintain compliance with the state, county or municipality that you're in. 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.