Start Up & SMB Required Filings

Part
01
of three
Part
01

Start Up & SMB Required Filings 1

Businesses that are formed as a sole proprietorship or general partnership have the least amount of requirements when it comes to the initial filing of the business across the five states assigned for this request. More details on the filing requirements and fees for each state can be found below.

North Carolina

  • To start a business with either the sole proprietorship or general partnership business structure in this state, the business owner only needs to register the business name with the county. If the new business is operating under an assumed name, a Certificate of Assumed Business Name must be filed with the local county register of deeds with a $26 fee.
  • To start a business with other business structures, the business needs to be registered with the North Carolina Secretary of State.
  • A Limited Liability Company (LLC) should be prepared to pay a fee of $125 for the Articles of Organization when starting a new business. They may also reserve a name for $10 and annual report filings will cost $200 for an LLC.
  • A limited partnership should be prepared to pay a fee of $50 for the Application for Registration of a Limited Liability Partnership when starting a new business.
  • A corporation should be prepared to pay a fee of $125 for the Articles of Incorporation when starting a new business. They may also reserve a name for $30 and annual report filings will cost $25.
  • Businesses with the LLC and corporation business structure are required to file annual reports every 15th of April.

Idaho

Oklahoma

Georgia

  • Business entities formed as either sole proprietorship or general partnership need only to file for a business license and register a trade name with the county in which the business will operate. Limited partnerships, corporations, and LLCs, however, are required to register with the Secretary of State.
  • Corporations must file for Articles of Incorporation with the Secretary of State and pay a fee of $100. Upon incorporation, the business must also file an initial annual registration within 90 days.
  • LLCs are required to file for Articles of Organization with the Secretary of State and pay a fee of $100 while limited partnerships need to file for a Certificate of Limited Partnership and also pay a fee of $100.
  • All businesses registered with the Secretary of State (limited partnerships, corporations, and LLCs) are required to file for annual registration due by the 1st of April each year but may be filed as early as January 1st. Profit corporations, LLCs and limited partnerships are required to pay the annual registration fee of $50 while nonprofit corporations pay a fee of $30.

Wyoming

  • A business with the structure of either sole proprietorship or general partnership does not need to file anything with the Secretary of State to begin operating in the state of Wyoming. Other business entities, such as corporations and LLCs, need to file with the Secretary of State and pay the corresponding initial filing fees.
  • Businesses will need to find a registered agent in order to be accepted service of process by the Wyoming Secretary of State. An individual may be qualified to become a registered agent for a company, in which case a Commercial Registered Agent Registration must be filed with the Secretary of State.
  • LLCs, limited partnerships, and profit corporations need to pay an initial filing fee of $100 while non-profit corporations must pay an initial filing fee of $25.
  • Annual reports are due on the first day of the anniversary month of the formation of businesses and must be filed by LLCs, limited partnerships, and corporations. Depending on the business's assets located within the state of Wyoming, profit corporations and LLCs are required to pay an Annual Report License tax of $50 or two-tenths of one mill on the dollar ($.0002), whichever is greater.
Part
02
of three
Part
02

Start Up & SMB Required Filings

Both Utah and Florida require LLCs to file an annual report whereas this is not a requirement in Texas. Below is an overview of the compliance-related filings for startups and small businesses in Utah, Florida, and Texas.

Utah

  • When choosing a business name, limited liability companies (LLC) and corporations must check if their chosen name can be distinguished "from the names of other business entities already on file with the Utah Division of Corporations and Commercial Code (DCCC)." LLCs and corporations can reserve an available name for 120 days by filing an "Application for Reservation of Business Name" form.
  • The cost of reserving a name is $22 in total.
  • When creating a business entity, sole proprietorship and partnership do not require any organizational documents to be filed. A LLC must file a "Certificate of Organization" and a corporation must file "Articles of Incorporation" with the DCCC.
  • A business must apply for tax registration, an Employer Identification Number (EIN), and the requisite licenses and permits. An EIN is required if the business has employees or is taxed separately from the client and does not require a filing fee to be paid.
  • Both LLCs and corporations must file for an annual renewal which requires a $20 fee to file. They must file their reports by the company’s exact anniversary date.

Filing Fees for Corporations

  • The fee for filing for a "Domestic Profit Corporation" is $70.
  • The fee for filing for a "Domestic Non-Profit Corporation" is $30.
  • The fee for filing for a "Domestic Professional Service Corporation" is $70.
  • The fee for filing for a "Domestic Benefit Corporation" is $70.
  • The fee for filing for a "Foreign Profit Corporation" is $70.
  • The fee for filing for a "Foreign Non-Profit Corporation" is $30.

Filing Fees for Limited Liability Company

  • The fee for filing for a "Domestic Limited Liability Company" is $70.
  • The fee for filing for a "Domestic Professional Service Limited Liability Company" is $70.
  • The fee for filing for a "Domestic Series Limited Liability Company" is $70.
  • The fee for filing for a "Domestic Low-Profit Limited Liability Company" is $70.
  • The fee for filing for a "Foreign Limited Liability Company" is $70.

Filing Fees for Partnerships

  • The fee for filing for a "Domestic Limited Partnership" is $70.
  • The fee for filing for a "Domestic Limited Liability Partnership" is $22.
  • The fee for filing for a "Domestic Limited Liability Limited Partnership" is $70.
  • The fee for filing for a "General Partnership" is $22.
  • The fee for filing for a "Foreign Limited Partnership" is $70.
  • The fee for filing for a "Foreign Limited Liability Partnership" is $22.

Florida

  • When choosing a business name, LLCs and corporations must check if their chosen name can be distinguished "from the names of other business entities already on file with the Florida Department of State (DOS)." However, LLCs and corporations cannot reserve a name before formally creating the business.
  • When creating a business entity, sole proprietorship and partnership do not require any organizational documents to be filed. However, a LLC must file an "Articles of Organization" and a corporation must file "Articles of Incorporation" with the Florida DOS.
  • The total filing fee for a LLC is $125, for corporations the fee is $70, and for general partnerships the fee is $50.
  • A business must apply for tax registration, a federal Employer Identification Number (EIN), general business licenses, and professional and occupational licenses. An EIN is required if the business has employees or is taxed separately from the client and does not require a filing fee to be paid.
  • Both sole proprietorship and partnerships pay federal taxes on business income and partnership income respectively. LLCs members pay federal taxes on their share of LLC income and corporation shareholders must pay federal taxes on their dividends from the corporation.
  • Both LLCs and corporations need to file an annual report with the Florida DOS. The annual report is due each year by May 1.
  • The annual report fee for for-profit corporations is $150.00, for non-profit corporations it is $61.25, and for Limited Liability Company it is $138.75.

Texas

  • When choosing a business name, LLCs and corporations must check if their chosen name can be distinguished "from the names of other business entities already on file with the Texas Secretary of State (SOS)." LLCs and corporations can reserve an available name for 120 days by filing an "Application for Reservation or Renewal of Reservation of an Entity Name" form.
  • Reserving a name costs $40 in total with the possibility of a 30-day renewal.
  • When creating a business entity, sole proprietorship and partnership do not require any organizational documents to be filed. However, both LLCs and corporations must file a "Certificate of Formation" with the Texas SOS.
  • Both LLCs and corporations must pay $300 for filing a "Certificate of Formation".
  • A business must apply for tax registration, a federal Employer Identification Number (EIN), regulatory licenses and permits, and professional and occupational licenses. An EIN is required if the business has employees or is taxed separately from the client and does not require a filing fee to be paid.
  • Both sole proprietorship and partnership pay federal taxes on business income and partnership income respectively. LLCs members pay federal taxes on their share of LLC income and corporation shareholders must pay federal taxes on their dividends from the corporation.
  • For the state’s franchise tax, both partnerships and LLCs are subjected to it but only owe the tax if their total revenue exceeds a certain amount. A corporation is subject to the state’s franchise tax.
  • LLCs are not required to file an annual report. This differs from other states.
  • Corporations must file an annual return by May 15 of each year even if no tax is due.
  • Both nonprofit and professional corporations have zero fees for the Public Information Report.

Research Strategy

To determine what compliance-related filings are required by startups and small businesses in Utah, Florida, and Texas, we gathered information from business and government websites.
Part
03
of three
Part
03

Start Up & SMB Required Filings 2

Both California and Colorado have similar, minimal requirements for starting a business and for ongoing filing requirements. California's costs, both for initial registration and subsequent statements, are higher than those of Colorado.

Colorado

  • The state of Colorado publishes a checklist of compliance-related filing requirements for new businesses. Relative to initial filing requirements, it does not differentiate between startups, small businesses, and any other kind of business. Although the forms differ, all businesses are required to register with the state.
  • All businesses must file registration with the state, the forms for which can be found online. LLCs, profit corporations and partnerships have different filing forms. The online registration serves as the Articles of Incorporation for a profit business and the Articles of Organization for a LLC or partnership.
  • The registration fee for LLCs, profit corporations and partnerships is $50.
  • Annual periodic reports are required for corporations and LLCs in Colorado. These are due "no later than the last day of the second calendar month following the first anniversary of the calendar month in which the reporting entity's constituent filed document." In layman's terms, the due date will fall within one to two months after the year anniversary of registration.
  • Partnerships are not required to submit periodic reports.
  • The fee for periodic reports is $10, regardless of the business structure. Anniversary dates can be modified, but this will not change the due date for the first required periodic report.


California

  • The state of California does not differentiate between startups, small businesses, and any other kind of business, relative to initial compliance-related filings. Although the forms differ, all businesses are required to register with the state.
  • Like Colorado, California has minimal requirements for business registration. The only initial requirement is to file Articles of Incorporation (for corporations); a Certificate of Limited Partnership, Limited Liability Partnership or Statement of Partnership (for various classification of partnerships), or Articles of Organization (for LLCs).
  • Articles of Incorporation cost $100 to file. Partnership registrations and Articles of Organization both cost $70.
  • Corporations are required to submit a Statement of Information within ninety calendar days of registration/incorporation, and every subsequent year. The fee is $25 for each submission.
  • LLCs are required to submit a Statement of Information within ninety calendar days of registration, and every subsequent two years (biennially). The fee is $20 for each submission.
  • Partnerships are not required to submit update reports after registration.
Sources
Sources

From Part 02
Quotes
  • "Corporation Domestic Profit Corporation- $70 Domestic Non-Profit Corporation- $30 Domestic Professional Service Corporation- $70 Domestic Benefit Corporation- $70 Foreign Profit Corporation- $70 Foreign Non-Profit Corporation- $30 Limited Liability Company Domestic Limited Liability Company- $70 Domestic Professional Service Limited Liability Company- $70 Domestic Series Limited Liability Company- $70 Domestic Low-Profit Limited Liability Company- $70 Foreign Limited Liability Company- $70 Partnerships Domestic Limited Partnership- $70 Domestic Limited Liability Partnership- $22 Domestic Limited Liability Limited Partnership- $70 General Partnership- $22 Foreign Limited Partnership- $70 Foreign Limited Liability Partnership- $22"