There are a few different options when it comes to forming a business in Utah. From a legal perspective, there are three main types of Utah for-profit business entities: LLCs, S Corporations or C Corporations. At Incfile we believe an LLC provides the right mix of liability protection and ease of administration for many entrepreneurs.
In order to form an LLC in the state of Utah, there are some minimum requirements you must meet. These are a completed Certificate of Organization, a business name and a fee you pay to the UT Department of Commerce, Division of Corporations and Commercial Code (DCCC). We recommend taking some other steps before formally starting your LLC:
- Research your target market to make sure there’s a demand for the products and services you provide.
- Read industry guides to give you a starting point in your niche.
- Create a comprehensive business plan that defines the most important aspects of your Utah business.
- Write an Operating Agreement that covers how you will run your LLC.
After you’ve created your Utah LLC, you will also need to review your business license requirements, understand ongoing filing needs, set up a separate business bank account and get an accountant.
In Utah, you register a business by completing and filing your Certificate of Organization with the Utah Department of Commerce, DCCC. You will need to gather information about your business, fill out the form and send it to the UT Department of Commerce along with your filing fee. This will formally create your LLC in Utah.
You can file your Certificate of Organization on the Department of Commerce, DCCC website or mail it in. Alternatively, Incfile can guide you through every step of the process by getting details from you and filing the form on your behalf — for free! There’s no additional charge for our basic LLC filing service, so all you need to do is pay the Utah state filing fee.
At the time of writing the fee charged by the Utah Department of Commerce, DCCC is $54. You can always check the latest Utah filing fees here. You can also pay an additional $75 for expedited filing through Incfile, which will create your LLC faster. Some LLC filing services do charge you extra to prepare and submit your filing documents, but at Incfile, we do this for free — so you only pay the state fee.
Once you’ve gathered all of your information together and filed your Certificate of Organization (or had Incfile do it for you), it can take up to a week for the Utah Department of Commerce, DCCC to legally create your LLC. If you pay an additional $75 expedited fee, your LLC can be formed in as little as 1-2 business days.
There are a few ways to register your Utah LLC name.
- If you’re forming a new business and your business name is unique in Utah and meets state naming rules, you simply include it in your Certificate of Organization.
- If you want to change the legal name of your business, file an Amendment to Certificate of Organization with the Utah Department of Commerce, DCCC.
- If you just want to do business under a different name, file a DBA Application form with the Utah Department of Commerce, DCCC, or have Incfile do it on your behalf.
If you want to prevent people from using your business name across the U.S., you can file a trademark for the name. We can help.
In other states, the formal legal documents that you file to form a corporation or LLC might be known as Articles of Incorporation. In Utah, this document is called your Certificate of Organization, and it performs the same functions as the Articles of Incorporation.
Yes, the State of Utah allows the formation of Series LLC within the state. A Series LLC is a special type of LLC where you create one “overall” business and then have individual, series LLCs within it, each counted as separate legal entities.
To form a Series LLC, simply fill out the Series LLC Certificate of Organization form and file it with the Department of Commerce, DCCC. The fee for a Series LLC formation in Utah is $54.
You can find more information about registering a Series LLC provided by the Utah Department of Commerce.
If you wish to change your Utah Registered Agent you can do so by filing a Registration Information Change Form with the Department of Commerce, DCCC. Here at Incfile, we provide a free Utah Registered Agent service for the first year if you file through us. If you’ve been using a different Registered Agent and want to switch to us, we’ll file the Registration Information Change Form on your behalf.
If you need to know the Registered Agent of a specific Utah business, you can perform a Utah Registered Agent search within the state's business database.
As an LLC, any business profits you earn will be reported on your personal 1040 filing and reported and taxed as “pass-through” income. You will typically need to pay:
- Self-employment or payroll tax on all business profits
- Federal income tax on profits after you meet your tax-free allowance
- Sales tax for selling taxable products and services
Utah charges a 6.10 percent state sales and use tax on all retail sales, leases and rentals of most goods. You will also need to pay sales tax if you provide a taxable service. You can find a full list of taxable services here.
You will need to register for a sales and use tax account number with the Utah StateTax Commission. You can complete this process online.
The base rate for Utah sales tax is 6.10 percent, and there may be additional sales tax depending on your region, county or city. Once you know your overall sales tax amount, calculate the value of all your taxable products and services. Then, multiply that by your sales tax rate to understand how much you will need to pay.
Once your LLC’s sales tax registration is complete, you will receive information regarding how often you must file a sales tax return and pay sales taxes. Returns and payments may be due monthly, quarterly or annually.
Some businesses will need to pay a corporate franchise tax for the privilege of doing business in Utah, however it does not apply to LLCs unless your LLC is treated as a C Corporation for tax purposes.
If you wish to remain in compliance with the state and continue to operate as a business within Utah, you'll likely need some type of business license to do so. The types of business licenses you need will vary depending on your type of business, industry, location and various other factors. We can research the types of business licenses you might need for you.