You have a big idea, truckloads of ambition, dreams of a thriving Kansas LLC, and you’re mentally prepared to make it happen.
But the Chinese philosopher Lao Tzu once said, “a journey of a thousand miles begins with a single step,” and for you, that first step is filing the Certificate of Formation.
With such grand plans, the last thing you might want to do is file paperwork, but completing the Certificate of Formation is what authenticates your LLC, making it official in Kansas. It’s perhaps the most important step in starting your Kansas LLC. Following this guide will help take the tedium out of paperwork and get your business started quickly.
But before you dive into the Certificate of Formation, you should have a few pieces of information ready to help streamline the process.
When filing the Articles of Organization, use one of the four methods below.
If filing online, you will need to first set up an account with KanAccess.
Mail or In Person
For a hardcopy of the application, click here. The application and a check or money order (payable to the Secretary of State), can be mailed or delivered to the following address:
Kansas Office of the Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-15941
For a hard copy, click on the link above. Applications can be faxed to Business Services, (785) 296-4570.
Want Help Filing Your Articles of Organization?
If you decide to use your time building your business rather than completing paperwork, but don’t want to spend the money on an attorney, an LLC formation service is a great compromise.
Lots of online incorporation services are out there but do vary in perks offered, processing times (theirs, not the state’s), and price.
In general, a service will collect and review your information, prepare the documents, and send them to the Kansas Secretary of State Business Services. They will contact you when the Articles of Organization have been filed.
One additional benefit offered by some services is a free year of resident agent service. Others offer order tracking or notifications of future legal requirements needed with the state.
After reviewing all the top LLC services available, we found IncFile and Northwest Registered Agent the best overall options. While neither of them have as high brand power as the industry giant, LegalZoom, both services have great customer support, prices and offer a free resident agent.
(Post Formation Checklist) After LLC Formation
After you have filed the formation documents with the state, it’s important not to overlook a few critical details.
On the federal level, most LLCs do not pay taxes directly to the government. Instead, they report income and losses on the owner’s personal 1040 tax returns. Schedule C is often used for reporting. Unless the LLC chooses to be taxed as a corporation, a single-member LLC is taxed as a Sole Proprietorship and a multi-member LLC is taxed as a Partnership.
Similarly, most LLCs will pay state tax on pass-through income via their personal income tax returns. The exception is if an election is made to tax the LLC as a corporation.
Unlike many other states, the state of Kansas does not place a tax or fee on LLCs for the privilege of doing business in the state.
Some LLCs will need to complete a Kansas Business Tax Application either online or by hard copy. This includes if your LLC sells merchandise, and therefore, needs to pay a sales or use tax. In addition, if your LLC is an employer, you will need to pay withholding tax.
Unemployment taxes are also required of LLCs that are employers. To pay this tax, the LLC must first register with the Department of Labor.
Finally, an LLC may need to file and pay a local tax to a city, municipality, or county.
In some cases, a professional license is needed before a business can begin operations. Professional licenses are provided by a number of different agencies, and requirements and fees vary according to the license.
The Kansas Business Center of the Secretary of State website provides a thorough list of professions and occupations along with required licensure.
Licenses may also be required by the city, municipality or county where your LLC is located. It is a good idea to check the website of your local government(s).
After an LLC is formed, an annual report must be filed with the state of Kansas. The fee is $50 if filing online and $55 if filing a hard copy. See the information above for the appropriate address or fax number.
The annual report should be filed at the same time your annual Kansas tax return is filed. Processing time is immediate if filed online and three to five business days if another method is used. If the report is not filed within 90 days of the due date, the LLC will be dissolved by the state.