Cost to Form an LLC in North Dakota: ND LLC Cost 2024

Last Updated on November 29, 2023 by Dr. Gabriel O’Neill, Esq.

Embarking on the journey to establish an LLC in North Dakota entails considerations beyond the mere filing of initial documentation. Contrary to misconceptions, the process need not be exorbitantly priced. In this article, we delve into the comprehensive cost breakdown of forming an LLC in North Dakota while also offering insights into economic alternatives such as ZenBusiness, adept at facilitating judicious expenditure without compromising on quality.

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What Is the Cost of Forming an LLC in North Dakota?

Beginning an LLC in North Dakota primarily involves the expense of a $135 fee, which covers the online submission of your LLC’s Articles of Organization to the North Dakota Secretary of State.

Here’s the LLC Cost Guide for all US States:

North Dakota Foreign LLC Formation Costs

In case you possess an existing LLC registered in a different state and wish to extend your business operations to North Dakota, it’s necessary to enroll your LLC as a foreign LLC in North Dakota.

The charge for the registration of a foreign LLC from North Dakota amounts to $135. The procedure to register a foreign LLC in North Dakota involves submitting an application for a Certificate of Authority.

Annual Cost for LLCs in North Dakota 

When managing your North Dakota-based Limited Liability Company (LLC), it’s crucial to factor in the ongoing expenses that come with it. Having a grasp of these costs is essential for budgeting and securing your LLC’s financial well-being. The primary continuous charges for a North Dakota LLC include the registered agent fee, which is necessary for legal correspondence but doesn’t have a continuous cost unless a registered agent service is used. 

Additionally, there’s the annual report fee, amounting to $50, that LLCs in North Dakota need to submit. While North Dakota doesn’t impose extra state compliance fees for LLCs, it’s important to be mindful of potential other fees depending on your LLC’s specific activities, industry, and location within the state.

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How Much Does It Cost to Start an LLC in North Dakota With the Best LLC Service?

ZenBusiness LLC Formation Cost

The complete foundational expense for initiating the LLC registration process in North Dakota is priced at $135, with the potential for incremental charges based on specific circumstances. In terms of processing timeframe, the standard processing duration is set at 2 to 3 weeks. However, there exists the option to accelerate processing, shortening it to 6 to 8 days for an additional fee of $50 or to further expedite it to 3 to 4 days at an LLC cost of $100.

Within ZenBusiness’s spectrum of offerings for business formation services, there exist three distinct pricing tiers: Starter, Pro, and Premium.

• Starter tier: The stands as a prudent selection catering to fundamental business formation necessities, devoid of a monetary charge and coupled with applicable state fees.

• Pro tier: The extends its scope with supplementary attributes encompassing expedited filing and registered agent service, its pricing set at $199 in conjunction with state fees.

• Premium tier: Elevating the comprehensiveness, the subsumes all features inherent to the Pro tier, further supplemented by boundless Worry-Free Compliance aimed at facilitating businesses in their adherence to both state and federal regulations. The Premium plan’s cost amounts to $349, along with state fees.

ZenBusiness sweetens the deal by including a complimentary year of Worry-Free Compliance with the procurement of any of their available plans.

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Additional Costs When Starting an LLC in North Dakota

North Dakota LLC Name Costs

Selecting a name for your Limited Liability Company (LLC) doesn’t come with a price tag. In North Dakota, the approval of your LLC name is included without any additional charges when your Articles of Organization filing gains approval from the state. 

While you might have encountered information online suggesting the necessity of LLC Name Reservations, this isn’t generally accurate for most states. In the majority of states, forming an LLC doesn’t mandate a Name Reservation. 

However, if you wish to secure your chosen name for a duration of up to 12 months before officially forming your LLC, you can do so by submitting a Reserved Name Application and paying a $10 filing fee.

North Dakota Registered Agent Costs

The registered agent Fee in North Dakota can be either $0 if you handle the role yourself or $125 per year if you opt for a registered agent service. North Dakota’s regulations stipulate that you must designate a registered agent when establishing your LLC, but there’s no extra charge for including this information on your Articles of Organization.

A North Dakota registered agent, whether an individual or a company, serves as the recipient of legal documents and state notifications on behalf of your LLC. The registered agent must possess a physical address within the state and remain available during standard business hours.

Should you choose to act as your LLC’s registered agent or have someone you know take on this role, you won’t incur any supplementary expenses. However, you have the alternative of enlisting a registered agent service, which typically comes at a cost ranging from $100 to $300 annually. While these services offer various valuable business benefits and privacy safeguards, the expense may be justified if:

• You lack a physical address within the state (as North Dakota mandates that registered agents maintain an in-state address)

• You wish to shield your address from public records (certain service providers might allow you to utilize their address to maintain your privacy)

North Dakota Operating Agreement Costs

An LLC Operating Agreement serves as a written agreement among the LLC Members, outlining essential details about ownership, management procedures, and profit allocation within the LLC. For both Single-Member and Multi-Member LLCs, it’s recommended to formulate an Operating Agreement, retain it within the business records, and provide each Member with a copy.

While many online platforms typically charge between $50 to $200 for generating LLC Operating Agreements, this fee isn’t required when creating one for your North Dakota LLC.

North Dakota EIN Cost

Obtaining an EIN Number for your LLC in North Dakota is cost-free. The EIN, also referred to as an Employer Identification Number or Federal Employer Identification Number (FEIN), holds significance for tasks like filing income taxes, initiating an LLC bank account, and, if needed, employing staff.

While various online platforms may impose a service charge for obtaining an EIN for your LLC, it’s important to note that you can actually secure this number at no expense. 

The Internal Revenue Service (IRS) provides the option to obtain an EIN for your LLC through online filing, a process that can be swiftly completed within a matter of minutes without incurring any fees.

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North Dakota LLC Taxes

The annual expenses related to various types of North Dakota LLC taxes can differ significantly, as there are several taxes that owners are obligated to cover. These taxes include

Federal Income Taxes for LLCs

When it comes to federal income taxes, the Internal Revenue Service (IRS) offers various treatment options for Limited Liability Companies (LLCs). 

The tax status for Single-Member LLCs, which is the default, designates them as Disregarded Entities. This means that the LLC doesn’t need to file a separate federal income tax return; instead, the owner reports and pays the federal income taxes on their personal return. 

The tax approach for Multi-Member LLCs, also the default, treats them as Partnerships. In this case, the LLC files a 1065 Partnership Return, and the individual owners report and pay taxes based on their share of profits using Schedule K-1.

Husband and Wife LLC Taxation

Certain states, like Texas, allow husband and wife LLCs to opt for Single-Member LLC taxation, termed as a Qualified Joint Venture. However, this option isn’t available in non-community property states like North Dakota. The choice of taxation can impact how couples owning an LLC file their taxes and should be considered in line with state regulations.

Electing Corporate Taxation for LLCs

Beyond the default options, an LLC has the possibility to be taxed as a Corporation, a decision that should be made after consulting with an accountant. This choice involves two types of corporate elections: S-Corporation and C-Corporation. 

An LLC opting for S-Corporation status can achieve savings on self-employment taxes, especially for established businesses. On the other hand, choosing C-Corporation status can benefit larger employers with healthcare fringe benefit considerations.

North Dakota State Income Tax for LLCs

In North Dakota, tax treatment for LLCs depends on their structure. 

• Single-member LLCs typically involve the owner reporting the LLC’s profits or losses on their personal state-level return. 

• Multi-member LLCs might need to file a Partnership return at the state level, with individual owners reporting their share of profits or losses on their personal state-level returns. 

Specific industries and business types could be subject to other North Dakota business taxes, underscoring the importance of seeking professional assistance for state income tax preparation and filing.

Local Income & Sales Tax for North Dakota LLCs

Local income or sales taxes might be applicable for North Dakota LLCs within their respective municipalities. To ensure compliance with local tax requirements, engaging an accountant is recommended. For specific guidelines, contacting the local municipality or referring to relevant resources is advised.

North Dakota Sales Tax and Seller’s Permit

Businesses selling products to North Dakota consumers may be required to collect sales tax and acquire a Seller’s Permit from the North Dakota State Tax Commissioner. The Seller’s Permit authorizes the collection of sales tax on retail transactions and is commonly known by various names. 

North Dakota LLC Payroll Taxes

LLCs in North Dakota with employees must manage payroll taxes, encompassing a range of taxes and filings like federal and state income tax withholding, Social Security tax, Medicare tax, unemployment taxes, and deductions. Setting up payroll, accurate tax withholding and proper filings are essential, often requiring the expertise of a payroll company or an accountant. 

Mishandling payroll taxes can result in penalties and fines, emphasizing the importance of professional assistance.

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North Dakota LLC Cost FAQs

How Much Does It Cost to Open an LLC in North Dakota?

Initiating a North Dakota LLC requires a fee of $135, serving as a singular payment for the filing of the LLC Articles of Organization. Additionally, certain LLCs might necessitate a business license in the state, contingent on industry and geographical location, with the expenses for local business permits differing accordingly.

How Much Does an LLC in North Dakota Cost Per Year?

Every North Dakota LLC is obligated to contribute $50 annually for the Annual Report, with these state-imposed charges directed to the Secretary of State; this stands as the sole mandatory annual fee, crucial for maintaining the LLC’s favorable status. Should you have enlisted a registered agent service, an annual subscription fee, typically around $125 each year, is another financial responsibility to consider.

For certain LLCs, the necessity of a business license in North Dakota hinges on factors like industry and geographical placement. To ascertain if any yearly renewal fees for the business permit apply, it’s advisable to consult your local municipality for accurate information.

Should I Hire an LLC Formation Service?

Enlisting a professional service firm to establish your North Dakota LLC isn’t obligatory, as you have the option to independently complete the LLC formation process. Nevertheless, if you seek to streamline the process and ensure accurate filing, it’s advisable to consider ZenBusiness. 

Notably, ZenBusiness offers commendable customer service and provides free registered agent services for the initial year. Furthermore, they extend additional services such as an Operating Agreement and assistance with Annual Report filings, contributing to a comprehensive package.

Conclusion

To conclude, establishing an LLC in North Dakota involves more than just the upfront filing fee. Navigating this process entails considerations such as essential documentation, professional assistance from registered agents, and the management of key components like operating agreements and obtaining an EIN. 

The significance of adept financial management in these aspects cannot be overstated, highlighting the value of specialized LLC services like ZenBusiness. 

Armed with insights into these diverse financial aspects and supported by the expertise of ZenBusiness, prospective entrepreneurs can initiate their North Dakota LLC journey with a sense of assurance.

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