Looking to Start an LLC in Alabama?

Alabama is one of the few states in the US that allow easy entry to new businesses. If you plan to expand your business, Alabama LLC can work as the right and cost-effective option.

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How to Get an LLC in Alabama

Over the past few years, the state of Alabama has grown into a national leader in manufacturing and industry due to its abundance of available resources. The state continues to enjoy a significant upward trend of growth in new business ventures and has emerged as the industrial hub in the south.
The fastest and easiest way to start a business in Alabama can be an Alabama LLC. Setting up your LLC in Alabama seems complicated but trust us, it isn’t. However, it does require the right amount of preparation. This guide will help you How to set up an LLC in Alabama in 2023.

Why I should start an LLC in Alabama

If you are looking to establish your business, registering an LLC in Alabama can be a smart move as it can help you in protecting yourself and your business from personal liability and debts. The state also offers additional advantages for LLCs, including low sales and income tax rates, affordable utilities, low cost of living, and a wide variety of tax incentives. Alabama also makes it easy to form an LLC by offering online filing and low filing fees.

Benefits of Starting an LLC in Alabama

Learn more about the advantages of starting an LLC.

How to start an LLC in Alabama yourself in 6 steps

Choose a unique name business name for your LLC

First things first – before you set up your LLC in Alabama, you should choose a unique business name that is currently not being used by any other company or business in the state. If you already have a name in mind, you will need to check if this name is still available. Don’t worry; you can easily check it and register your name online by heading to the Alabama Business Services website.

Pro tip: Don’t forget to add the term LLC at the end of your business name.

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It is advised that you should always come up with a name that does your business justice. Your unique business name should tell the story of your company. The name should instantly convey the message behind your business to its stakeholders. The name of your company should be catchy, simple, and easy to remember.

Having trouble finding the best name for your business? We’ve got you covered! Try our business name generator tool.

Provide an Official Address for Your LLC

After you finalize a name for your business, the next most crucial requirement in registering your LLC in Alabama is a designated street address. This physical location serves as the foundation for your business operations, signaling your presence to clients, partners, and the state itself. However, the Alabama Secretary of State demands more than a mere P.O. box; it necessitates an authentic street address, either within or outside the state.

Remember: The official Address of your LLC cannot be a P.O. Box

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By securing a legitimate street address for your Alabama LLC, you showcase a commitment to professionalism and credibility. It establishes a tangible connection between your business and its surroundings, instilling confidence in those who engage with your services. Additionally, it acts as a central point for potential customers to locate and reach out to your business, boosting your visibility and accessibility.

Choose a Registered Agent

Moving ahead – it’s time to choose a registered agent for your company. This person receives official legal and tax correspondence and has responsibility for filing reports with the Alabama Secretary of State. Additional responsibilities of a registered agent include sending and receiving important legal information to the state, local or federal government on behalf of your business. You can choose yourself or someone that you trust, such as your partner or one of your first employees.

This is an official position that can be filled by you, another trusted manager, or a partner in the business or you can also opt for a dedicated Registered Agent Service. It is necessary that your Alabama Registered Agent must be residing at a physical street address in Alabama and be around during business hours to receive important documents for your company. In Alabama, you designate your Registered Agent when you formally create your business and file your Certificate of Formation.

Keep in mind: Registered Agent must be a resident in the state or associated with a business that is licensed to do business in Alabama – According to Alabama State Law.

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File Certificate of Formation with the Alabama Secretary of State

To make your LLC an official business entity, it is necessary to file the Certificate of Formation with the state of Alabama. It is a formal document that provides the state with specific information about your LLC so the state and public can identify you and ensure your business remains legally compliant.

What’s 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

Alabama LLC Certificate of Formation can be filed online with the Secretary of State online business portal and mail a form to the Office of the Secretary of State. The Alabama LLC filing fee is $200.

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The certificate of formation is only filed once, but after every year, you have to file an annual report. Get Set LLC can also remind you to do and we can also look after and handle the paperwork for you.

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What are the fees and requirements to form an Alabama LLC

  • State Fee
  • State Filing Time
  • Expedited Filing Time
  • $236*
  • 3 Weeks
  • 1 Business Day
*includes online processing fees

Annual Report

  • Frequency
  • Annually
  • Due Date
  • Annual Year: April 15th Fiscal Year: 3½ months after beginning of tax year
  • Note
  • LLCs elected to be taxed as corporations follow corporation rules.

Obtain an Employer Identification Number (EIN)

Another crucial step to start an LLC in Alabama is to sign up for the EIN or Employee Identification Number. This number is required so that your business is identified and recognized by the IRS for tax purposes. Other than that, EIN is used when you submit payroll information and payments for your employees. It is also required to open a business bank account. It can be obtained directly from the IRS online portal, or we can get one for you as part of the Alabama LLC formation process.

Create an Operating Agreement

Like most of the new businesses, if you are setting up your LLC in Alabama, you will want to create an Operating Agreement. It is a legal document or a type of ‘instruction manual’ that explains how you’ll run your business. While the state does not require an Operation Agreement, it’s always a good idea to take this extra step.

This document can be submitted alongside your Certificate of Formation. This is also a good opportunity for you and your partners to sit down and decide how the company will be operated, how the business will be divided among members, and what will happen if a member leaves the company. If you are the sole owner of your company, you will own 100 percent of the business.

Business Taxes Applied to your LLC

The biggest advantage of forming an LLC is tax abatements. If you’ve already formed or planning to form an LLC in Alabama, there are some state-related business taxes that you should be aware of. Although LLCs are not taxed on their profits at a business level like C corporations in Alabama, you are responsible for paying state income and sales tax, self-employment, payroll, and federal taxes. The tax structure for LLCs in Alabama is as follows:

Type of Tax

Paying Authority

  • Self-employment tax on business profit
  • Business Owner
  • State Income tax on profits (state allowances or deductions excluded)
  • Business Owner
  • Federal Income tax on profits (state allowances or deductions excluded)
  • Business Owner
  • Alabama Sales Tax on Products
  • LLC
  • Payroll Tax on employees’ salaries
  • Employers
  • Federal and State income tax on earnings
  • Employees

State Taxes for Alabama LLCs

There are three types of state taxes that must be paid to the Alabama Department of Revenue: income, sales, and privilege tax.

  • Type of Tax
  • Applied On
  • Paid By
  • Percentage
Alabama Income
Tax
Alabama Sales
Tax
Alabama Business
Privilege Tax
Earnings & Salary Physical Products
Business Owners & Employees Customers
2-6% (depends upon
your earnings)
4% Some states levy a tax on certain businesses *See if your business is levied to pay Alabama Business Privilege Tax

Federal Taxes for LLCs

There are two types of federal taxes that business owners are bound to pay self-employment tax and federal income tax, both of which are levied as “pass-through taxation."

Federal Taxes are more complicated as compared to state taxes, so it is advised that you should speak to your accountant or a professional tax preparer to make sure your Alabama LLC is paying the right amount.

Other Taxes and Duties for Your LLC

Some LLCs are liable to pay other taxes and duties depending on their industry. For instance, if you are a gasoline seller, you may need to pay tax on any fuel you sell. Other than this, if you import or export goods, the state may need you to pay certain duties. It’s better to speak to a professional accountant about any other taxes or duties you may have to pay.

Estimated Taxes

Most LLCs are obliged to pay certain estimated taxes throughout the year. These taxes are based on factors such as adjusted gross income, taxable income, taxes owed, deductions, and other applicable credits for the given year. Here are some common types of estimated taxes:

  • • Federal self-employment tax
  • • Federal income tax
  • • Alabama income tax

For more information about the estimated taxes your LLC is liable to pay, visit the IRS website or talk to your accountant.

Helpful Resources from the State of Alabama

FAQs

A limited Liability Company (LLC) separates your personal assets from business assets keeping you safe in case of bankruptcy or any legal charges. Setting up an LLC company in the US helps you gain trust of US customers and shows that your business abides by US laws.

Limited Liability Protects You, You Avoid Double Taxation,Profit Sharing Is Flexible, and Company Organization Is Simpler.

You normally give yourself a modest salary as a limited corporation to pay as little personal tax as you can. Dividends will make up the majority of your income. You can enhance your take-home pay because these are taxed at a reduced rate.

Choosing a name, filing Articles of Organization, designating a registered agent, creating an operating agreement, obtaining business licenses and permits, and filing annual reports and fees are essential for LLCs to maintain their active status. Research and comply with licensing and regulatory requirements to ensure compliance.

The most common types of LLCs are Single-Member LLC (SMLLC), Multi-Member LLC, Series LLC, Professional LLC (PLLC), Low-Profit LLC (L3C), and Series LLC. SMLLCs offer simplicity and flexibility, while Multi-Member LLCs have two or more owners. Series LLCs allow for the creation of separate "series" or divisions, while Professional LLCs have specific licensing and regulatory requirements. Low-Profit LLCs combine profit-making activities with a focus on achieving socially beneficial goals.

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