Start an LLC in Nevada

If you are planning to start a business and wondering how to form a Nevada LLC, then this article may help you.

Nowadays, an LLC is one of the most popular business structures since it provides legal protection and gives great opportunities for its regulation. However, to start successfully, you must be aware of the required forms and fees.

In this article, we will cover the LLC formation process, focusing on the basic steps that will make launching an LLC in Nevada quick and smooth. Just follow this guide, and your limited liability company in Nevada will be formed according to the law.

Step 1: Name Your Nevada LLC

A successful LLC name is the key element of your Nevada LLC success and the basis of your future brand. It should be creative, memorable, and, of course, legal. The requirements that Nevada applies to companies are as follows:

  • Availability: before you open a Nevada LLC, you should check your business name availability. Make sure you use a unique business name because the Secretary of State will not approve documents if there is an LLC with a similar name in the state;
  • Use words that identify the business as an LLC:
    • Limited Liability Company;
    • Limited Company;
    • Limited;
    • Ltd.;
    • L.L.C.;
    • LLC;
    • LC.
  • No words listed in the restricted words list, such as “bank,” “college,” etc. unless you have special permission.

Determine the Name is Available

One of the common reasons for rejecting an application to set up an LLC is the lack of uniqueness of the LLC name. The law says that only distinguishable names, that are visually different from those in the Secretary of State’s records, may be used.

You can easily avoid problems with matching the name you want with already registered ones. All you need to do is perform a Business Entity Search. If it shows that the name is free, you can enter it in the Articles of Organization and move on to registration. However, if the name is already in use by an existing LLC business in Nevada, you will need to come up with an alternative or make significant changes.

Name Reservation (Optional)

After approval of the Articles of Organization, starting your LLC becomes official, giving your company exclusive rights to its name. However, if you are not ready to make an LLC yet, but want to retain the name you choose, filing a name reservation will be a good idea. 

The cost to reserve an LLC name in Nevada is $25 for a 90-day period. 

You can submit a Name Reservation Request online using the SilverFlume filing portal as well as by mail, fax, or email.

Mail: 

If you prefer hard copies, you can submit your documents by mail. Remember to include a Customer Order Form that allows you to order an expedited service along with your application. Additionally, if you pay by credit card, you must include an ePayment Checklist.

Send your completed paperwork to:

202 North Carson Street Carson City, 
NV 89701

The Secretary of State’s office usually processes documents within 8 business days.

Email: 

For those who prefer the online filing option, the LLC name reservation application can be submitted via email to:

newfilings@sos.nv.gov

Fax: 

You can also send your documents by fax to:

(775) 684-5725

Step 2: Choose a Registered Agent for Nevada LLC

According to NRS 86.231, one of the most important LLC requirements is to have a registered agent. This requirement is the same for all LLCs which operate in Nevada, either domestic or foreign. 

The duties of a Nevada LLC registered agent are covered by NRS 77.400, saying that the registered agent is responsible for obtaining official LLC documents, such as process, notice, or demand.

Note that there is a list of registered agents available on the Secretary of State’s website.

The law allows both individuals and business entities to serve as registered agents.

Individual as Registered Agent

If you want to hire an individual registered agent, make sure the candidate meets Nevada state’s requirements:

  • Be a Nevada resident and at least 18 years old
  • Have a physical address;
  • Be available at the official office address of your Nevada business during working hours.

Act as an LLC’s agent may:

  • Owner;
  • Accountant;
  • Lawyer;
  • Relative, etc.

Registered Agent Service

Hiring an LLC formation service providing a registered agent for LLC in Nevada ensures perfect documentation. Moreover, it is profitable. When you order an LLC registration through a company like IncFile or Northwest Registered Agent, you will get a free registered agent for one year. Even if you just decide to change your registered agent, a professional Registered Agent Service will be the best option.

Step 3: File the Formation Documents with the State

The formal LLC formation process begins with the filing of the Articles of Organization. It is an important LLC document with basic information about the company, such as:

  • LLC name;
  • Registered agent name, address, and signature;
  • Type of management;
  • Each member or manager’s name and address;
  • LLC dissolution date (if applicable);
  • LLC organizer name, address, and signature.

This step to start an LLC in Nevada is one of the most expensive. There is an Articles of Organization processing fee of $75, and don’t forget about the initial list of managers or managing members, which will cost you $150. If there are any mistakes in the documents filed by the LLC with the Nevada Secretary of State, the mandatory fee will not be refunded.

You can file LLC online by mail, email, fax, or deliver the documents in person. Keep in mind that you have to also include a Customer Order Form and ePayment Checklist if you pay the mandatory fee by credit card.

Online

If you apply through Silverflume, which is the official Nevada’s online business portal, your application will be processed immediately.

By Mail / In-person

Those who prefer hard copy documents can submit a paper application. The completed form and the Initial List of managers or members should be sent to one of the addresses below:

Regular and expedited filings:

Secretary of State 
New Filings Division 
202 North Carson Street 
Carson City NV 89701-4201

Expedited filings only:

Secretary of State – Las Vegas 
North Las Vegas City Hall 
2250 North Las Vegas Blvd, 4th Floor 
North Las Vegas, NV 89030 

Fax

The completed form, ePayment Checklist, and Initial List of managers or members can be faxed to: 

(775) 684-5725

Email

Nevada also allows you to send the Articles of Organization and Initial List of managers or members by email to the address:

newfilings@sos.nv.gov

The processing time for all shipping methods other than online submission is 8 business days. However, you can choose the expedited processing options:

  • 24 hours – $125;
  • 2 hours – $500;
  • 1 hour – $1000.

Step 4: Create an Operating Agreement

The Operating Agreement is an internal document that answers the question: “What if?”. It governs the day-to-day operation of the company, establishing its basic procedures and policies.

Although an LLC Operating Agreement is optional for an LLC registration in Nevada, it is highly desirable. The functions it performs are the following:

  • The LLC’s and owners’ personal assets division;
  • Proving LLC status in the eyes of the courts, government agencies, and banks;
  • The opportunity to avoid the state’s default laws, which do not always take into account the interests of the companies due to their general nature;
  • Optimization and standardization of your Nevada business operation by developing uniform rules.

There are two main ways to get an Operating Agreement:

  • Hire an attorney;
  • Write on your own, using free online templates and/or templates provided by an online company. For example, ZenBusiness includes a free template in every service package.

There is no need to register the Operating Agreement with any government agency.

Step 5: Get an EIN for LLC in Nevada

For doing business in Nevada, most LLCs must apply for an EIN from the IRS. 

The EIN, or Employer Identification Number, is a unique 9-digit code that the IRS assigns to companies for quick identification. It is necessary for such purposes as:

  • Opening a business bank account;
  • Hiring employees;
  • Paying taxes.

By default, LLCs are pass-through entities, and this means that they do not file corporate tax returns at the federal level. Instead, members are responsible for filing individual returns, which show the profits generated by the business as well as expenses.

Nevertheless, there are a number of circumstances in which an LLC is required to pay a federal tax and, accordingly, receive an EIN:

  • Selling goods;
  • Having employees;
  • If the owners have chosen the corporate tax treatment when opening an LLC in Nevada.

You can apply for an EIN online, using the EIN Assistant, by mail, or by fax.

Online

You can file online, which is the fastest method of registration. You will be able to start using your EIN as soon as you fill out the form. However, you should apply on a weekday between 7 a. m. and 10 p. m. EST, and you have to have a valid individual taxpayer number, like a Social Security Number.

Fax

You can fax the completed Form SS-4 to a number: 

(855) 641-6935

If you choose this filing method, the processing time will take 4 business days.

Mail

If you are not in a hurry, you can use the postal service and mail the Form SS-4 to the address:

Internal Revenue Service Operation
Attn: EIN Operation
Cincinnati, OH 45999

The documents delivered by mail are processed in about 4 weeks.

Step 6: Open an LLC Bank Account

One of the most important benefits of an LLC is the ability to protect the owners’ personal assets from the claims of creditors. The principle of limited liability ensures that, in the event of a lawsuit, the claims will be limited to the company’s assets. Creditors will not be able to claim LLC members’ homes, cars, money, and other property, regardless of the company’s financial status. However, this protection applies only if personal and business finances are strictly separated. Therefore, when preparing to conduct business in Nevada, you need to take care of a separate bank account for your business.

To open a bank account for Nevada LLC, you need to visit the local branch of the bank and provide the following documents:

  • EIN;
  • Copy of the Nevada LLC Articles of Organization;
  • Copy of Operating Agreement if available;
  • The initial list of LLC managers or managing members;
  • LLC bank resolutions;
  • Copy of your photo ID;
  • State Business License;
  • Multi-Member LLCs: each member that will be on the account must be present when opening the account so their name can be listed.

Step 7: Taxes, Licensing, and Income Reporting

To keep your Nevada LLC running smoothly and in good standing with the state, you must comply with the current requirements mandatory for domestic and foreign businesses. They include Nevada business licenses and permits, taxes, and reporting.

Consider that each state, city, and county may have its own specifics. Therefore, before you start doing business in Nevada, check your LLC requirements or consult with a professional.

Taxes

  • Federal Taxes: if the owners have not provided otherwise, LLCs should not file a separate corporate tax return at the federal level. The business income and losses are reported in the owners’ personal 1040 tax returns and Schedule C instead;
  • State Taxes: there is no income tax in Nevada, but a Commerce Tax, which is mandatory for LLCs with annual income over $4,000,000. For more information about this, visit the FAQ pages;
  • Additional Taxes: be ready to pay taxes at the local level of the city or county where your LLC is located. Furthermore, depending on the company’s features, you may be required to pay taxes such as:
    • Sales Tax and Use Tax;
    • Unemployment Insurance Tax, etc.

If your business falls into one of these categories, you will need to submit a paper application or register online.

Licensing

Although a business is considered officially open after its registration, most LLCs need to obtain a license or permit before doing business in Nevada.

First, all Nevada LLCs must file for a Business License by submitting an application to the Articles of Organization. There is a mandatory fee of $200. The license must be renewed annually by filing the renewal form with the annual report.

You also may need additional licenses, the type and number of which depend on the nature and location of the business.

If you are not sure what kind of license you need, check out the state’s Guide to Starting and Growing a Business. There, you can find detailed information about occupation-based licenses and the requirements of particular counties.

Reporting

When creating a company, you should submit an Initial List of managers and members by choosing one of the methods below:

The Initial/Annual List costs $150, but you will need $200 extra because when you file Annual Reports, it also renews your Business License.

You have to submit the updated Annual List every year by the end of the anniversary month. If you miss the Annual List deadline, LLC will be subject to a $75 fine, and if you fail to renew your Business License, you will be charged a $100 fine.

Need Help Creating Your LLC in Nevada?

If you want to launch an LLC easily and quickly, then you can entrust to the online service to handle LLC formation. The modern Internet market offers many options, so you can find the company that meets your business goals and budget.
If you have not yet decided on the best LLC service for Nevada LLC, consider hiring ZenBusiness. It will not only professionally form your business but also provide a registered agent for one year free of charge, which is definitely a great deal.


Frequently Asked Question


What is a restricted LLC in Nevada?

A restricted limited liability company (or a restricted LLC) refers to a special type of an LLC in Nevada, which is created for such purposes as estate planning, gifting property from one family member to another, etc. This type of LLC, by its charter, cannot make any payments to its members for ten years after its registration, which may seem to be a disadvantage of this type of entity. In addition, according to Nevada law, a restricted LLC is limited in the amount it can distribute. 

When it comes to the advantages of setting up such a company, it is worth considering taxation. The assets of a restricted LLC cannot be liquidated, so they will not be taxed.