Why Start a Georgia LLC?
Because it's one of the most attractive states in which to start a business, 18 of the Fortune 500 companies have their headquarters located in Georgia. The state boasts several favorable business conditions, such as low taxes, high state credit ratings and numerous tax and business incentives, especially for small businesses.
For example, the Small Business Tax Relief incentive allows for faster depreciation on equipment deduction. Small businesses can choose to claim the equipment expenses in their first year of existence rather than spreading it out over several years.
For most people who want to start a business, creating a Georgia limited liability company (LLC) is the easiest and fastest way. An LLC is an ideal business entity for startups and small- to medium-sized businesses because it offers the advantages and protections that larger corporations benefit from, but with simpler rules and regulations.
If an LLC isn't the right entity for the type of business you're starting, you may want to consider forming a Georgia Corporation instead.
Benefits of Starting a Georgia LLC:
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Separates and limits your personal liability from your business liability and debts
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Exemption from the Georgia Corporate Income Tax (conditions apply)
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Simple filing, management, compliance, regulation and administration
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Easy tax filing and potential advantages for tax treatment
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Low filing fee of just $100
Learn more about the benefits of the LLC business structure.
In this guide, you’ll find information on naming your LLC, getting a Registered Agent, the fees you’ll need to pay, Georgia business tax requirements and much more. We also cover what you'll need to register and file your LLC and how you'll interact with the Georgia Secretary of State.
Starting a Business in Georgia Checklist
To help you along the way, use our Starting a Business checklist to keep track of everything you need to do to get your business up and running.
How to Form a Georgia LLC Yourself in 6 Steps
Step 1 - Select a Unique Business Name and Perform a State Business Search
Step 2 - Provide an Official Address for Your LLC
Step 3 - Assign a Registered Agent
Step 4 - File Your Articles of Organization with the Georgia Secretary of State
Step 5 - Get an Employer Identification Number (EIN) from the Internal Revenue Service
Step 6 - Create an Operating Agreement
1
Select a Unique Business Name and Perform a State Business Search
You'll need a distinctive and original name for your Georgia LLC that’s not being used by any other business in the state. Our Business Name Generator can help you brainstorm names if you're having trouble coming up with a good one. First, read up on the state's naming rules in the Georgia Business Names section of this guide.
Once you've chosen a name, make sure it's available in the state by using our free tool to do a Georgia entity search. You can also perform a search on the Georgia Corporations Division website.
We can search the Georgia company registry for you.
2
Provide an Official Address for Your LLC
Every Georgia LLC must have a designated street address, whether your LLC is in Atlanta, Savannah, or anywhere in between. That could be your home address (if you’re running the company from your residence), your company’s office building or any physical address of your preference. The address can be outside the state of Georgia and it can be a P.O. Box.
You may also be able to use a virtual mailbox for your business address. Incfile can provide you with a Georgia virtual mailbox, where we'll receive your mail and scan it for you to review online. This can be especially helpful if you run a home-based business and don't want your home address published as part of your business’s public record.
3
Assign a Registered Agent
Someone who receives official correspondence and is responsible for filing reports with the Georgia Secretary of State is known as a Registered Agent. If you have an LLC, Georgia requires you to have a Registered Agent. You'll appoint your Registered Agent when you file your Articles of Organization to create your business.
You can fill this position, assign another manager in your business or use a Registered Agent service. If your Georgia Registered Agent is a person, they must have a physical street address in Georgia and must be present during business hours to receive important documents on behalf of your company.
All of Incfile’s business formation packages include Registered Agent service. It’s free for the first year and just $119 per year after that. You'll also have access to a digital dashboard to view any document we've received on your behalf.
4
File Your Articles of Organization with the Georgia Secretary of State
Once you've gathered all the information for your LLC, you’ll need to file both your Georgia Articles of Organization and a Transmittal Information Form with the Georgia Corporations Division. These documents formally create your LLC.
Here’s what is typically included:
- Your business name and address
- Details of your Registered Agent
- Purpose of your business
- Duration (can be perpetual or limited)
- Provisions for the regulation of the internal affairs of the company
- Names and addresses of managers or members of the LLC at the time of filing
- Name of the organizer
Both your Georgia Articles of Organization and the Transmittal Information Form can be filed online via the state's digital portal. You may also mail them to the Corporations Division, or Incfile can do it on your behalf for free. The state charges a $100 filing fee for forming an LLC in Georgia.
File by Mail
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, GA 30334
You only need to file your Articles of Organization once, but every year after, you'll need to file an annual report. This is also something Incfile can remind you to do, or we can do it for you if you have us handle the formation paperwork.
You may also need to pay the Georgia Corporate Income Tax (if applicable to your business).
What Are the Fees and Requirements to Form a Georgia LLC?
State Fee
$100State Filing Time
4 Weeks
Expedited Filing Time
3 Business Days
Annual Report
Frequency
Annually
Due Date
April 1st
Filing Fee
$505
Get an Employer Identification Number (EIN) from the Internal Revenue Service
You'll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. You can obtain one directly from the IRS, or we can get one for you as part of the Georgia LLC formation process.
6
Create an Operating Agreement
A sort of "instruction manual" that explains how you'll run your business, an LLC Operating Agreement outlines how the business is divided among members, how decisions will be made and what will happen should a member leave the company.
Some states require companies to create this document. You're not legally required to have a Georgia Operating Agreement, but it’s a good idea to have one to protect your business from any future changes and events
Other Georgia LLC Types
Series LLC
Though many states allow this type of business entity, no legislation has been adopted to allow the Series LLC in Georgia.
Professional LLC
Some states allow certain occupations to form Professional Limited Liability Companies or PLLCs. These types of businesses typically have specialized requirements and licensing.
There's no such thing as a Georgia PLLC as the state does not recognize or allow them, but licensed professionals can still form regular LLCs.
Foreign LLC
If your business operates in another state and you want to expand into Georgia — or vice versa — you’ll need to form a Foreign LLC.
Learn more about Georgia Foreign LLC registration.
Helpful Resources from the State of Georgia
More Information in This Guide
You’ll find plenty more insight and guidance on the other pages of this guide, including:
How to search the state business registry to find the right name. Includes information on naming rules, assumed names, reserving a Georgia LLC name and more.
How to appoint, change and search for Registered Agents. Also includes the duties they fulfill and the rules they’re required to follow.
The various fees you’ll need to pay, and the state and federal requirements you’ll need to meet. Includes details about Employer Identification Numbers (EINs), state and federal business licenses, public information reports and more.
The various taxes you’ll have to pay to the state and federal governments. Includes details about state taxes such as sales and use, and federal taxes such as income and self-employment.
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