A lot goes into the conception and planning of a new business. It is the Certificate of Formation that makes the LLC official. Being prepared before sitting down to complete the application will help you finish it efficiently.
First, have all of the required information handy. You will be asked for the following information:
- The name of the Mississippi LLC
- The name and address of the registered agent
- If applicable, the delayed effective date
- If applicable the date of dissolution
- A business email address
- A Federal tax identification number, if available
- The name(s, address(es) and signature(s) of the organizer(s)
Second, the cost of filing the Certificate of Formation is $50, so have a credit card or check ready to go.
Finally, regardless of how you submit the application, you will need to first set up an account (if you haven’t already done so) with the Secretary of State’s online filing system.
When you are ready, it is recommended that the submission be completed online. However, if the organizer prefers, he or she may access and complete the document online before printing and mailing the document.
If you decide to mail the application after it has been completed rather than submitting it electronically, it can be sent to the following address:
Secretary of State
P.O. Box 136
Jackson, MS 39205
Applications that are delivered in person will not be accepted.
Want Help Filing Your Certificate of Formation?
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 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 Mississippi Office of the Secretary of State. They will contact you when the Certificate of Formation has been filed.
One additional benefit offered by some services is a free year of registered 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 registered 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 some states, Mississippi does not require LLCs to pay a franchise or privilege tax.
If your LLC has employees, you will need to pay a withholding tax. Businesses that sell merchandise will need to pay a sales and/or use tax. You will need to register for any of the above taxes with the Mississippi Department of Revenue through TAP, the online registration and payment system.
If your LLC has employees and needs to pay unemployment taxes, you will need to register through the Mississippi Department of Employment Security.
Finally, an LLC may need to file and pay a local tax to a city, municipality, or county.
Licenses and permits, including a professional license, may be needed before a business can begin operations.
A State of Mississippi professional license is required by a number of occupations, all of which are listed online, on the Professional Licensing page of MS.gov. Requirements and fees vary according to the license.
For other licenses and permits that may be required, take a look at a business entities informational document organized by the Mississippi Secretary of State.
Licenses may also be required on the local level. Check the website of the local municipality where your LLC will be located.
After an LLC is formed, an annual report should be filed between January 1 and April 15 each year. If an LLC does not file an annual report, it risks being dissolved by the state of Mississippi.
The annual report must be filed online, and a business ID number is required. If you do not know your business ID number, look it up on the Business Entity Search found on the Secretary of State’s website.
Mississippi does not charge a filing fee for an LLC annual report.