How to Start an LLC in New Jersey
How to Start an LLC in New Jersey
LLCs in New Jersey are affordable and easy to form. And as with the states, the State of New Jersey has some unique LLC requirements.
Interested parties must register with the New Jersey Department of Treasury by filing the necessary forms, paying the necessary fees and meeting all naming and formation requirements.
The specifications required of a New Jersey LLC are:
Registration. LLCs are required to file a public records filing with the New Jersey Department of Treasury’s Division of Revenue. The filing must include the following information:
- LLC name and principal business address
- Business type and purpose
- Duration, if not perpetual
- Name and address of registered agent
- Type of management (member-managed or manager-managed)
- Names, addresses and signatures of members
- Completed business registration application
All forms must be filed in duplicate and be accompanied by the payment for the filing fee.
Forms and fees. LLC registrants are required to complete and submit a public records filing with the New Jersey Department of Treasury, Division of Revenue. There is a $125 filing fee that must be paid upon submission of the documents. The filing fee may be paid by check, money order, credit card or cash. The filing may be done by mail, courier, fax or online. These fees can change, for the most current information please contact the Department of Treasury.
Timeline. The usual processing time for documents and filing is between one to three business days and may be expedited up to 24 hours for an additional fee.
Naming requirements. LLC naming requirements can be confusing. However, the easiest way to ensure that your LLC name will be approved is to make it distinguishable from other LLCs and include specific words required of LLCs. You may opt to have a preferred name checked for availability before filing your LLC formation documents.
Formation requirements. To form an LLC, a registrant must first file a public records filing with the New Jersey Department of Treasury, Division of Revenue. All submissions must be accompanied by a $125 filing fee.
An LLC with more than one member is also strongly advised to have a limited liability operating agreement among its members.
Starting an LLC in New Jersey
Before you begin the registration process for an LLC in New Jersey, it’s important to know what an LLC is and whether or not it is a viable business structure for your company, so be certain to read up on the definition and benefits of an LLC.
These steps will guide you through the LLC registration process with the New Jersey Department of Treasury:
1. Decide on a name for your business. You can choose any name for your LLC as long as it ends with “Limited Liability Company” or any variation of its abbreviation—e.g., LLC or L.L.C.
Names may be reserved for up to 120 days. You may file a name reservation application with the New Jersey Department of Treasury, Division of Revenue, by submitting a name reservation application along with the required fee, about $50. You will need to include the following information:
- Name to be reserved
- Applicant’s name, title, signature, address and date
- Type of business
You may also have a preferred name checked for availability.
2. Assign an agent for service of process. Registered agents are individuals or corporations authorized to do business in the state and which have permanent addresses in New Jersey. Registered agents accept legal documents on behalf of the LLC and make sure its members are notified.
3. Get an Employer Identification Number (EIN) from the IRS. If there are two or more members in your LLC, your company will need to obtain an EIN from the IRS, for tax purposes.
4. Create an operating agreement. Although LLCs in New Jersey are not required to have a limited liability company operating agreement, it is wise to have one in place with other members should your LLC have more than one member. The State of New Jersey recognizes limited liability company operating agreements as governing documents.
5. Register for state taxes with the New Jersey Division of Revenue. LLCs in New Jersey are required by law to register for state taxes. Registration may be done online or by mail and must be filed within 60 days of filing public records. All LLCs are subject to the minimum state tax of $125 annually.
6. Familiarize yourself with the LLC’s continuing legal obligations, specifically annual reports. LLCs in New Jersey are required by state law to submit annual reports. This is filed every year in the anniversary month of the formation of the LLC. All reports are filed online and have a $50 filing fee.
Please note that other continuing legal obligations may include, but are not limited to, state taxes, annual or biennial reports and so on.
Filing an LLC and Fees
Following are the forms and fees that are required when starting an LLC in New Jersey:
1. Forms. Those looking to form an LLC in New Jersey must file a public records filing with the New Jersey Department of Treasury, Division of Revenue. The filing forms must be submitted in duplicate.
2. Fees. The filing fee for public records filing is about $125 and may be paid by check, money order, credit card or cash.These fees can change, for the most current information please contact the Department of Treasury.
3. Limited liability company operating agreement. Although the LLC operating agreement is not filed with the New Jersey Department of Treasury, Division of Revenue, it is a good idea to have one in place for LLCs with more than one member. This document should be kept on file by the registered agent.
4. Taxes. LLCs in New Jersey are treated as corporations, limited liability partnerships or single-member LLCs and are subject to federal income tax classifications. Depending on the type of taxation you opt to have for your LLC, you will have different federal tax responsibilities. New businesses must be registered for taxation with the Department of Treasury within 60 days of filing formation paperwork.
You should always make sure to acquaint yourself with the state laws regarding taxation. Your LLC may be subject to other taxes depending on the kind of services your LLC may offer.
Interested in forming an LLC in New Jersey? LegalZoom provides online LLC formation services, including providing a registered agent in New Jersey.