Why Create a Kansas LLC?
Within the state of Kansas, business owners can take advantage of several business incentives and financing made available by the Kansas Department of Commerce, provided your LLC meets the specific criteria. For example the Promoting Employment Across Kansas (PEAK) offers qualified companies the ability to retain 95 percent of their payroll withholding tax for up to 5 to 10 years.
For entrepreneurs looking to start a business in Kansas, creating a Kansas limited liability company (LLC) is generally the fastest and easiest way. With more simplified rules and regulations, an LLC is an ideal business entity for startups and small to medium-sized businesses, granting you the advantages and protections that larger Kansas corporations benefit from.
The benefits of starting a Kansas LLC:
- Easily file your taxes and discover potential advantages for tax treatment
- Create, manage, regulate, administer and stay in compliance easily
- Protect your personal assets from your business liability and debts
- Low cost to file ($160)
Learn more about the benefits of the LLC business structure.
In this guide, you’ll find information on naming your LLC, getting a Resident Agent, the fees you’ll need to pay Kansas business taxes and much more. We also cover your registration needs, filing your Kansas LLC and how you'll correspond with the Kansas Secretary of State (SOS).
How to Form an LLC in Kansas Yourself in 6 Steps
Step 1 - Complete a Kansas LLC Search and Choose a Unique Business Name
Step 2 - Provide an Official Business Address for Your LLC
Step 3 - Assign a Resident Agent
Step 4 - File Your Articles of Organization with the Kansas Secretary of State (SOS)
Step 5 - Get an Employer Identification Number (EIN) from the Internal Revenue Service
Step 6 - Create an Operating Agreement
Complete a Kansas LLC Search and Choose a Unique Business Name
To start the process, you’ll need a name for your LLC that’s different, unique and stands out, but one that’s not used by any other business or formed entity in the state. If you’re having trouble coming up with a name, try using Incfile’s Business Name Generator to brainstorm ideas. You'll also need to follow a few naming rules, which you can read about in detail on the Kansas Business Names page.
Once you’ve chosen a name, you’ll need to make sure it’s available in Kansas. To find out whether another company in the state is already using your preferred business name, use our tool to do a business name search. You can also carry out a name search on the Kansas Secretary of State's business entity database.
Provide an Official Business Address for Your LLC
Regardless of whether your business is in an office building, a home (if the company is run from a residence) or any other physical location, every Kansas LLC must have a designated street address. It can be located outside the state of Kansas, but it cannot be a P.O. Box.
Assign a Registered Agent
A Resident Agent is someone who receives official legal and tax correspondence and is responsible for filing reports with the Kansas Secretary of State (SOS). In some states they are referred to as a Registered Agent. Every LLC in Kansas is required to have a Resident Agent.
This position can be filled by you, another manager in your business or a dedicated Resident Agent service. If your Kansas Resident Agent is a person, they must have a physical street address in Kansas and must be present during business hours to receive important documents on behalf of your business. In Kansas, you appoint your Resident Agent when you file your Articles of Organization and formally create your business.
All of Incfile’s packages include Resident Agent service. It’s free for the first year and just $119 per year after that. You can also log in to our dashboard and easily view any document we've received on your behalf.
File Your Articles of Organization with the Kansas Secretary of State
Once you've gathered all the information for your Kansas LLC, you’ll need to file your Articles of Organization with the Kansas SOS using their online business portal.
Your Articles of Organization should be filed online with the Kansas Secretary of State business portal for a Kansas LLC filing fee of $160, or you can file in person or by mail for an extra service fee of $5 (a total of $165).
File by Mail or In Person
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
You only need to file your Articles of Organization once, but you must file an annual report every year with the Kansas SOS. Complete your annual report by filing a form and pay a fee of $50 set by the Secretary of State. If you choose to file via mail or in person, there will be an additional service fee of $5. Incfile can either remind you to do it, or we can do it for you.
What are the fees and requirements to form a business in Kansas?
Calendar Year: April 15
Finansal Year: 15th day of 4th month after close of tax year.
*$50 via online or $55 via mail / in person
Get an Employer Identification Number (EIN) from the Internal Revenue Service
You’ll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. An EIN is also required to open a business bank account. You can obtain one directly from the IRS, or you can have Incfile obtain one for you as part of the Kansas LLC formation process.
Create an Operating Agreement
A kind of "instruction manual" that explains how you'll run your business, an LLC Operating Agreement details key components of your business - how decisions will be made, how the business is divided among members and what will happen if a member leaves the company.
Although some states require businesses to have this document in place, you're not legally required to have a Kansas LLC Operating Agreement. We do however think that it's a good idea to have one regardless.
Other Kansas LLC Types
Professional Limited Liability Companies (PLLCs) are different from professional corporations in that they typically have licensing requirements applicable to certain fields, such as law and medicine. In order to form a PLLC, you may need a state license to practice.
Learn more about PLLC vs. LLC and which one is right for your business
If your business is already operating in another state and expanding to Kansas—or vice versa—you’ll need to form a Foreign LLC.
Learn more about Kansas Foreign LLC registration.
Helpful Resources from the State of Kansas
More Information in This Guide
You’ll find plenty more insight and guidance on the other pages of this guide, including:
How to search the Kansas business registry and find the right name. Includes information on naming rules, fictitious names, reserving a Kansas LLC name and more.
How to appoint, change and search for Resident Agents. Also includes the rules they’re required to follow.
How to understand the various fees you’ll need to pay and the state and federal requirements you’ll need to meet. Includes details of Employer Identification Numbers (EINs), state and federal business licenses, annual reports and more.
How to understand the various taxes you will need to pay to the state and federal governments. Includes details of state taxes such as sales and income, and federal taxes such as income and self-employment.