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Last Updated on January 2, 2024 by Dr. Gabriel O’Neill, Esq.
Embarking on a business enterprise can evoke feelings of excitement and fulfillment. However, the intricacies associated with registering a business may prove overwhelming, especially for individuals new to the realm of entrepreneurship. Fortunately, by accessing the appropriate guidance and utilizing available resources, registering your business in Wisconsin can be a straightforward and uncomplicated process.
In this blog post, our intention is to present you with an extensive guide that will simplify the process of business registration in Wisconsin. Moreover, we will share valuable tips and resources that will streamline the process for you. Whether you’re embarking on a new business venture or seeking to register an existing one, this guide will meticulously lead you through the registration process in seven easily comprehensible steps.
We understand that despite the provided guidance, the task of business registration can still present challenges. That’s why we have thoughtfully compiled a list of superior business registration services, such as ZenBusiness, to facilitate the process for you. Now, let us plunge into the details and facilitate the registration of your business in Wisconsin.
How to Register Your Business in Wisconsin in 7 Simple Steps
Efficiently launching your business in Wisconsin is within reach when you’re well-versed in the necessary procedures. Employ this comprehensive checklist of seven steps to swiftly establish your Wisconsin-based enterprise in a highly professional manner.
Step 1: Choose Your Business Structure
When considering the appropriate business structure for your venture in Wisconsin, it’s essential to assess the nature of your business and your expansion plans. Let’s explore the different options available, both incorporated and unincorporated, in closer detail.
Please note that registering your business with the Wisconsin Secretary of State is only necessary if you choose a structure that requires incorporation. Here are the options to consider:
Sole Proprietorship
In Wisconsin, a sole proprietorship represents the simplest business structure, where the owner and the business are considered a single legal entity. This means that the owner assumes personal responsibility for the business’s debts and liabilities. Establishing a sole proprietorship is relatively straightforward, with minimal legal and administrative requirements. While registration with the state isn’t mandatory, you may need to acquire local permits or licenses.
General Partnership
A general partnership is a business owned by two or more individuals who share both profits and losses. Each partner in a general partnership is personally liable for the business’s debts and legal obligations. In Wisconsin, registering a general partnership with the state isn’t required. However, you may need to file a “Wisconsin Assumed Name Certificate” (DBA) in the county where your business is located.
Limited Partnership (LP)
In Wisconsin, a limited partnership consists of one or more general partners who manage the business and assume unlimited personal liability, as well as one or more limited partners who provide capital but have limited liability. To establish an LP in Wisconsin, you must file a “Certificate of Limited Partnership” with the Wisconsin Secretary of State.
Limited Liability Company (LLC)
An LLC is a flexible business structure that combines the liability protection of a corporation with the tax benefits and simplicity of a partnership. In Wisconsin, forming an LLC requires filing Articles of Organization with the Wisconsin Secretary of State and creating an Operating Agreement to define the company’s management and ownership structure.
Corporation
A corporation is a separate legal entity from its owners (shareholders) and offers limited liability protection. In Wisconsin, there are two types of corporations:
- C-corporations
- S-corporations
To establish a corporation in Wisconsin, you must file Articles of Incorporation with the Wisconsin Secretary of State, depending on your business type. Corporations involve more formalities, such as creating bylaws, issuing shares, and holding regular board and shareholder meetings.
Select the business structure in Wisconsin that best suits your needs, considering factors such as liability protection, taxation, and management requirements. If you require assistance in making this decision, it’s advisable to consult with a legal or business professional.
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Step 2: Select a Unique Business Name
In Wisconsin, there are three different avenues available for naming your business: registering a legal entity name, obtaining a trademark, or registering a legal name and operating under a different name. Naming regulations and guidelines differ from state to state, necessitating a thorough examination of Wisconsin’s specific requirements.
Similar to the process of incorporating your business, the naming method you choose in Wisconsin will depend on the particular needs and circumstances of your entity.
You may choose to pursue all three routes to ensure the protection of your chosen name, or you can opt for one of the three available options. Although it’s not obligatory, it’s generally advisable to employ the same name for all registration methods.
Let us now delve into the details of each naming option in Wisconsin:
Legal Entity Name
In Wisconsin, businesses are mandated to register a legal entity name, which serves as the official identification used by the state to recognize the company. Entity names must be distinctive, protecting against the possibility of another business having the same name as yours.
Wisconsin’s naming laws encompass guidelines for company suffixes (e.g., LLC, LP, or Corp) and require that the name accurately reflects the type of business being registered. You can verify name availability by utilizing the official database provided by the Wisconsin Department of Financial Institutions.
Trademark
In Wisconsin, a trademark serves as a form of intellectual property that offers protection to a business name or logo at a national level. Conducting a comprehensive search in the USPTO database is crucial to ensure that the desired name or logo isn’t registered, thereby safeguarding its uniqueness.
Once the trademark is successfully registered, it protects others using the same or similar name or logo for similar goods or services on a nationwide scale. It’s important to note that obtaining a trademark does not automatically grant unrestricted usage of the name or logo in all circumstances.
Doing Business As (DBA)
In Wisconsin, you have the option of registering your business under one official name and operating under a different name, commonly referred to as a Doing Business As (DBA) name. To establish a DBA, you must file a Registration of Firm Name (DBA) with the Wisconsin Department of Financial Institutions. While these names are subject to federal trademark laws, there is no requirement for a DBA to be unique at the state level.
By comprehensively understanding and considering these naming options, you can successfully register your business name in Wisconsin and safeguard your brand identity.
Step 3: Consider Taxes and Other Costs in Wisconsin
Here are the taxes that a Wisconsin LLC may be subject to:
- Franchise Tax: This is a flat tax that’s assessed on the LLC’s net worth. The rate is $25 for every $1,000 of net worth, up to a maximum of $100,000
- Income Tax: Wisconsin LLCs that are classified as corporations for federal tax purposes are also subject to Wisconsin income tax. The tax rate is 7.9%
- Sales and Use Tax: Wisconsin LLCs that sell goods or services in the state are required to collect sales and use tax. The tax rate is 5.5%
- Withholding Tax: Wisconsin LLCs that withhold income from their employees are required to pay withholding tax to the state. The withholding rate is 6.2% for Social Security and 1.45% for Medicare
- Property Tax: Wisconsin LLCs that own real property in the state are subject to property tax. The tax rate is based on the assessed value of the property
In addition to these taxes, Wisconsin LLCs may also be subject to other taxes, such as excise taxes and environmental taxes. The specific taxes that an LLC is subject to will depend on the nature of the business and the activities that the LLC engages in.
Business owners in Wisconsin can streamline the registration procedure through the utilization of online services like ZenBusiness. ZenBusiness presents a diverse array of professional solutions aimed at facilitating the registration process for entrepreneurs. These solutions encompass efficient filing with the Secretary of State, obtaining an Employer Identification Number (EIN), and developing an operating agreement.
Additionally, ZenBusiness extends ongoing compliance support to assist businesses in maintaining their adherence to state regulations.
Step 4: Register and Acquire Licenses and Permits in Wisconsin
To ensure compliance with legal requirements, it’s necessary to apply for licenses and permits for your business operations. Here are the essential steps to follow:
Tax Registration: If you intend to sell goods in Wisconsin, it’s mandatory to register with the Department of Revenue (DOR) for sales tax collection. Additionally, if your business has employees, you must register with the DOR for employer withholding taxes. Online registration can be done through the state’s One Stop Business Portal or the DOR’s Online Registration site, depending on your business type.
Alternatively, you can opt for paper registration using Form BTR-101, Application for Wisconsin Business Tax Registration.
EIN (Employer Identification Number): If your business has employees or is subject to separate taxation, obtaining a federal Employer Identification Number (EIN) from the IRS is necessary. Even if an EIN isn’t legally required, it’s often advantageous for business purposes. Many banks require an EIN to open an account in the business’s name, and other business partners may also request an EIN for payment processing. The EIN can be obtained through an online application without any filing fee.
Regulatory Licenses and Permits: These licenses and permits encompass various areas, including health and safety, environmental concerns, building and construction, as well as specific industries or services. Different agencies issue these licenses and permits. For tax-related licenses, the Department of Revenue can provide information and accept applications. The Department of Natural Resources and divisions of the Department of Health Services handle other important regulatory licenses and permits.
To explore local licenses and permits, it’s advisable to consult the websites of the cities or counties where your business will operate.
Professional and Occupational Licenses: These licenses pertain to individuals working in diverse fields. The Wisconsin Department of Safety and Professional Services (DSPS) offers comprehensive information regarding the licensed professions and occupations within the state.
By following these procedures diligently, you can ensure that your business adheres to the necessary legal obligations and operates smoothly within the applicable regulatory framework.
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Step 5: Open a Bank Account For Your Business in Wisconsin
Upon obtaining your EIN, the next crucial step is to initiate the process of opening a business bank account in the state of Wisconsin.
The legal framework governing limited liability partnerships (LLPs), Limited Liability Companies (LLCs), and corporations necessitate the establishment of a business bank account. However, sole proprietors and unincorporated partnerships are not obligated to maintain separate personal and business bank accounts.
To open a business account in Wisconsin, simply visit a local bank and complete the necessary paperwork. Before finalizing your selection, it’s advisable to conduct a comprehensive evaluation of various financial institutions, comparing their rates and benefits.
Even if you’re operating as a sole proprietor or unincorporated partnership in Wisconsin, it’s prudent to maintain a dedicated company bank account to ensure clear demarcation of personal and business finances. This proactive measure will prove advantageous in the event of future incorporation.
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Step 6: Protect Your Intellectual Property in Wisconsin
When launching a business in Wisconsin, it’s crucial to prioritize the protection of your valuable intellectual property (IP). Depending on the nature of your company, you may possess assets such as trademarks, copyrights, or patents that require safeguarding.
For example, it’s common for businesses to seek protection against the unauthorized use of their name, logo, or designs. Depending on the focus of your business, you may also wish to secure the rights to your product designs or the creative works, such as writing, designs, or music, that you produce.
To achieve this, Wisconsin offers several avenues for IP protection, and it’s advisable to initiate the necessary applications promptly to prevent unauthorized exploitation of your IP.
Trademark
In Wisconsin, a trademark refers to a recognizable symbol, phrase, word, or design that distinguishes a product or service from similar offerings in the market.
To obtain legal protection, trademarks must be registered through the United States Patent and Trademark Office (USPTO). The registration process typically takes four to six months to complete. Once registered, the trademark is safeguarded nationwide, allowing for legal action against any unauthorized usage.
In Wisconsin, businesses can protect their trademarks by registering them with the USPTO. This not only preserves their brand identity and reputation but also provides legal recourse against any unauthorized use of the trademark.
Copyright
Wisconsin recognizes copyright protection for original works of authorship, including literary, dramatic, musical, artistic, and various other intellectual creations. This encompasses written content, software, web content, films, sound recordings, images, and other forms of creative expression.
In Wisconsin, when you create a new work, copyright protection is automatically granted to you as the creator. As the owner of exclusive rights to distribute, reproduce, create derivative works, and sell intellectual property, you possess the legal authority to control its usage.
However, registering your copyright with the U.S. Copyright Office is advisable for additional legal protection and evidence of ownership. Registering your copyright in Wisconsin helps safeguard your work against infringement and provides a means to enforce your rights through legal proceedings if necessary.
Patent
If you invent a new product or machinery in Wisconsin, obtaining a patent is crucial. A patent grants exclusive rights to the holder, preventing others from manufacturing, selling, or importing the patented item for a specified period.
The patent process is intricate and can take up to five years to complete, necessitating an early start if you wish to protect your unique invention. Patent applications are submitted to the United States Patent and Trademark Office (USPTO).
By prioritizing the protection of your intellectual property in Wisconsin, you can ensure the preservation of your brand, products, and creations, thereby maintaining a competitive edge and fostering continued growth for your business.
Step 7: Set Up Your Payment Infrastructure in Wisconsin
To guarantee your Wisconsin-based business is ready to serve customers promptly upon registration, it’s imperative to establish a streamlined and hassle-free payment acceptance system.
There are numerous payment processing services available that offer user-friendly interfaces and seamless integration with your website or point-of-sale (POS) system. Prominent choices encompass Square, Stripe, and PayPal. These systems are flexible and easily customizable to align with your business objectives.
These payment processors enable you to accept a wide range of payment methods, including credit and debit cards, ACH transfers, digital wallets like Apple Pay and Google Pay, and many others. Opting for a reliable payment processing service empowers your customers to utilize their preferred payment methods via a secure platform, ensuring a smooth transaction experience for both you and your clients.
In addition to selecting a payment processor, it’s vital to establish sales tax compliance in Wisconsin. This involves obtaining a Wisconsin Sales and Use Tax Permit from the Wisconsin Department of Revenue, granting you the authority to collect sales tax on taxable goods and services.
Once your payment infrastructure is established, your Wisconsin-based business will be well-prepared to efficiently and securely cater to customers, thereby facilitating revenue generation.
By diligently following these steps, you will establish a legally compliant business in Wisconsin.
Top 5 Business Registration Services for Wisconsin Entrepreneurs
When it comes to registering a business in Wisconsin, entrepreneurs and small business owners can benefit from a variety of professional business registration services. These services offer comprehensive solutions to facilitate business establishment and ensure compliance with both state and federal regulations. Here are some of the top business registration services available for Wisconsin entrepreneurs:
ZenBusiness
ZenBusiness is a reputable online business registration service that specializes in business formation, registered agent services, and annual report filing. With affordable pricing options, ZenBusiness provides personalized support and a wide range of resources to help businesses maintain compliance and drive growth. It’s a user-friendly website, and streamlined processes make business registration in Wisconsin a seamless experience.
Swyft Filings
Swyft Filings is a well-known business registration service that offers efficient and straightforward business formation, including LLC formation, incorporation, and compliance services. With personalized support and valuable resources, Swyft Filings simplifies the formation process and helps businesses adhere to state and federal regulations.
Tailor Brands
Tailor Brands is an online branding and design service that assists businesses in creating a cohesive and professional brand identity. Their branding packages include logo design, business card design, and social media branding.
Additionally, Tailor Brands offers design tools and resources for businesses to customize their branded assets. Although not a traditional business registration service, Tailor Brands helps Wisconsin businesses project a professional image to attract customers.
Northwest Registered Agent
Northwest Registered Agent is a reputable online LLc registration service that specializes in registered agent services, compliance management, and document filing. Known for their quality and exceptional customer service, Northwest Registered Agent provides personalized support to help businesses maintain compliance with state and federal regulations. They offer a wide range of business formation services for LLCs, corporations, and nonprofits in Wisconsin.
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Bizee (Previously Incfile)
Bizee is a trusted online business registration service that offers fast and cost-effective business formation services. Their comprehensive packages include registered agent services, compliance management, and document filing. With a user-friendly and streamlined platform, bizee simplifies the business registration process in Wisconsin. They also provide ongoing support and resources to assist businesses in compliance and growth.
Entrepreneurs in Wisconsin can explore these business registration services to find the one that best fits their specific needs. By conducting thorough research and comparing these services, entrepreneurs can ensure an efficient and effective registration process for their businesses.
Business Registration Laws in Wisconsin
In Wisconsin, the process of registering a business involves several steps and requirements. Here is an overview of the business registration laws in Wisconsin:
- Choose a Business Structure: Determine the legal structure for your business, such as a sole proprietorship, partnership, Limited Liability Company (LLC), or corporation. Each structure has different legal and tax implications.
- Business Name Registration: If you plan to operate your business under a name other than your legal name, you will need to register a trade name, also known as a “Doing Business As” (DBA) name. You can file the trade name registration with the Wisconsin Department of Financial Institutions.
- Obtain an Employer Identification Number (EIN): Most businesses are required to obtain an EIN from the Internal Revenue Service (IRS). This unique identification number is used for tax purposes and is necessary if you plan to hire employees or operate as a corporation or partnership.
- Register With the Wisconsin Department of Revenue: If your business is selling taxable goods or services or hiring employees, you will need to register for a Wisconsin Tax Identification Number with the Wisconsin Department of Revenue. This number is used for state tax purposes.
- Obtain Necessary Permits and Licenses: Depending on the nature of your business, you may need to obtain additional permits or licenses at the local, state, or federal level. The specific requirements vary based on the type of business and its location. You can consult the Wisconsin Department of Agriculture, Trade, and Consumer Protection or the Wisconsin Small Business Development Center for guidance on licenses and permits.
- Register With the Wisconsin Department of Financial Institutions: If you plan to operate as an LLC, corporation, limited partnership, or limited liability partnership, you need to file the appropriate documents with the Wisconsin Department of Financial Institutions. This step establishes your business as a legal entity within the state.
- Compliance with Employment Laws: If you plan to hire employees, you must comply with federal and state employment laws. This includes verifying the eligibility of employees to work in the United States, withholding taxes, and complying with workplace safety regulations.
It’s important to note that business registration requirements can change over time. Therefore, it’s advisable to consult the Wisconsin Secretary of State’s website or seek professional legal advice to ensure compliance with the most current regulations.
Alternative Business Registration Methods in Wisconsin
In Wisconsin, there are several alternative methods for registering a business besides the traditional registration process. These alternative methods can be convenient for certain types of businesses or individuals. Here are a few alternative business registration methods in Wisconsin:
Online Registration
The Wisconsin Department of Financial Institutions (DFI) offers an online registration option called the Wisconsin One Stop Business Portal. This portal allows you to register your business online, file necessary forms, and obtain the required licenses and permits.
Mail-in Registration
If you prefer a paper-based registration process, you can obtain the necessary forms from the DFI website or by contacting their office directly. You can fill out the forms and mail them along with the applicable fees to the DFI.
Phone Registration
The DFI also provides a phone registration option for certain types of businesses. You can contact the DFI’s Business Services Section to initiate the registration process over the phone. They will guide you through the required steps and provide instructions on submitting the necessary documentation and fees.
Professional Assistance
Another alternative is to seek professional assistance from an attorney or a business formation service. These professionals can help you navigate the registration process, ensure compliance with state regulations, and handle the paperwork on your behalf.
It’s important to note that while these alternative methods can streamline the registration process, you may still need to fulfill specific requirements and obtain any necessary licenses or permits for your business type. Consulting with an attorney or contacting the Wisconsin DFI directly can provide you with the most accurate and up-to-date information for your specific situation.
Benefits of Registering Your Business in Wisconsin
Registering your business in Wisconsin offers several benefits that can contribute to its growth and success. Here are some advantages of registering your business in Wisconsin:
- Legal recognition: Registering your business with the state of Wisconsin provides legal recognition and establishes your business as a separate legal entity. This helps protect your assets from business liabilities, reducing your financial risk.
- Limited liability protection: Forming a Limited Liability Company (LLC) or a corporation in Wisconsin allows you to enjoy limited liability protection. If your business faces legal issues or debts, your assets generally cannot be used to satisfy business obligations.
- Professional reputation: Registering your business demonstrates professionalism and credibility to customers, suppliers, and partners. It adds legitimacy to your business and may increase trust among stakeholders.
- Access to funding: Registering your business in Wisconsin can enhance your ability to secure funding from banks, investors, or government programs. Many lenders and investors prefer to work with registered businesses, as it offers them a greater sense of security and confidence.
- Perpetual existence: Once registered, your business gains perpetual existence, meaning it can continue to operate even if the ownership or management changes. This provides stability and reassurance for long-term planning and business continuity.
- Tax advantages: Wisconsin offers various tax incentives and benefits for businesses, including tax credits, deductions, and exemptions. These incentives can help reduce your overall tax burden and increase your profitability.
- Government contracts and resources: Registering your business in Wisconsin opens up opportunities to bid for government contracts and access government resources. The state provides assistance, support, and resources to registered businesses, helping them navigate regulatory requirements and identify growth opportunities.
- Access to resources and networking: By registering your business in Wisconsin, you gain access to local business resources, chambers of commerce, industry associations, and networking events. These connections can provide valuable guidance, support, and potential partnerships to help your business thrive.
- Brand protection: Registering your business name and trademark in Wisconsin safeguards your brand identity and prevents others from using a similar name or logo. This protection allows you to build and maintain brand recognition, avoiding potential confusion in the marketplace.
- Employee recruitment and retention: Being a registered business can enhance your appeal to potential employees. Registering your business signals stability and professionalism, which can attract talented individuals looking for long-term career prospects.
It’s important to note that while registering your business in Wisconsin offers numerous benefits, it’s recommended to consult with a qualified attorney or business advisor to understand the specific legal and financial implications of your unique situation.
Is Business Registration Required in Wisconsin? Find Out Here
Certainly, in Wisconsin, most businesses must undergo registration with the state. The exact registration requirements may vary, contingent upon the type of business entity, the nature of the business, and other pertinent factors. Common registration procedures include obtaining a Wisconsin Sales and Use Tax Permit, registering a Wisconsin Limited Liability Company (LLC) or Corporation, and obtaining professional Business licenses or permits applicable to specific industries.
To ensure full compliance with all registration obligations and mitigate potential legal and financial consequences, it’s imperative to thoroughly investigate the specific requirements applicable to your business.
How to Register Your Business in Wisconsin – Frequently Asked Questions
What Do I Need to Register a Business in Wisconsin?
To register a business in Wisconsin, you must carefully choose a business name, ascertain the optimal legal structure, and meticulously prepare the requisite paperwork for submission to the Wisconsin Secretary of State. The specific prerequisites will differ depending on the type of business but generally involve filing Articles of Organization, designating a registered agent, and acquiring any pertinent licenses or permits.
How Much Does It Cost to Register a Company in Wisconsin?
The expenses involved in registering a company in Wisconsin are subject to variation depending on the chosen legal structure and the specific filing obligations. For an LLC, the filing fee for Articles of Organization amounts to $130, whereas for a corporation, the fee is $100. Additional charges may be applicable for supplementary filings and permits that pertain to the nature of your business.
Can a Foreigner Start a Business in Wisconsin?
Entrepreneurship in Wisconsin is accessible to foreigners, subject to meeting the requisite legal prerequisites. Prospective foreign business owners must secure appropriate visas or work permits and adhere to the registration requirements mandated by both state and federal authorities.
Do I Need to Register My Online Business in Wisconsin?
For online businesses operating in Wisconsin, it’s important to assess the necessity of registering your business with the state, which may vary depending on the type and scope of your online operations. While sole proprietorships and partnerships may not require registration, corporations and LLCs typically need to complete the registration process.
Additionally, you may be required to obtain relevant permits and licenses, such as a seller’s permit issued by the Wisconsin Department of Revenue. Seeking professional assistance from an attorney or accountant well-versed in Wisconsin’s business laws is strongly recommended to ensure compliance with applicable regulations.
Bottom Line on How to Register Your Business in Wisconsin
Registering your business in Wisconsin is a crucial task to ensure compliance with state laws and regulations. By diligently following the prescribed procedures and fulfilling the specific requirements, you can establish a solid footing for your venture.
Initiate the process by carefully selecting a business name and legal structure that aligns with the guidelines set forth by the Wisconsin Secretary of State. Subsequently, complete the required documentation and obtain any obligatory licenses and permits relevant to your industry and location. Simplify the process and ensure comprehensive compliance by availing yourself of the services of a reputable business registration provider like ZenBusiness.
By dedicating the necessary time and attention to properly register your business in Wisconsin, you can preempt potential legal and financial complexities and position yourself for sustainable growth and prosperity.
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About the author
Dr. Gabriel O'Neill, Esq., a distinguished legal scholar with a business law degree and a Doctor of Juridical Science, is a leading expert in business registration and diverse business departments. Renowned for his academic excellence and practical insights, Dr. O'Neill guides businesses through legal complexities, offering invaluable expertise in compliance, corporate governance, and registration processes.
As an accomplished author, his forthcoming book is anticipated to be a comprehensive guide for navigating the dynamic intersection of law and business, providing clarity and practical wisdom for entrepreneurs and legal professionals alike. With a commitment to legal excellence, Dr. Gabriel O'Neill, Esq., is a trusted authority dedicated to empowering businesses within the ever-evolving legal landscape.