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Open an LLC in America

The LLC is the most common business form in America. According to data published by the IRS in 2023, there were 21.6 million active LLCs in America [data for the fiscal year 2020]

Opening an LLC in the USA begins with the filing of the Articles of Organization with the Department of State of the American state where you have chosen to open the LLC

NEW: Publication of the federal income tax rates for LLCs for 2025

Here are the details that must be included in the Articles of Organization:

Approval of the Articles of Organization

The LLC opening phase formally concludes with the approval of the Articles of Organization. The Department of State usually approves LLCs within 5 to 7 business days. Once approval is received, the Department of State will send the stamped Articles of Organization for approval.

Operating Agreement

After the approval of the LLC's Articles of Organization, it is necessary to create the Operating Agreement, an internal document that governs the management of the LLC and which, due to its governance role, is somewhat akin to the typical Bylaws of corporations and Shareholder Agreement. The Operating Agreement is not a public document and therefore does not need to be filed with the Department of State.

Here are the essential details that need to be included in an LLC's Operating Agreement

The LLC name must be unique

It is crucial to check that the name chosen to open your LLC is available before starting the process and filing the Articles of Organization. If the name is already in use, or even just too similar to that of another LLC, the Department of State will not grant you approval for opening. Below, we have listed the links to quickly check the availability of LLC names in all American states. We have bolded the names of the most popular states for opening an LLC in America:

LLC Alabama Name Availability Check LLC Alaska Name Availability Check
LLC Arizona Name Availability Check LLC Arkansas Name Availability Check
LLC California Name Availability Check LLC Colorado Name Availability Check
LLC Connecticut Name Availability Check LLC Delaware Name Availability Check
LLC Florida Name Availability Check LLC Georgia Name Availability Check
LLC Hawaii Name Availability Check LLC Idaho Name Availability Check
LLC Illinois Name Availability Check LLC Indiana Name Availability Check
LLC Iowa Name Availability Check LLC Kansas Name Availability Check
LLC Kentucky Name Availability Check LLC Louisiana Name Availability Check
LLC Maine Name Availability Check LLC Maryland Name Availability Check
LLC Massachusetts Name Availability Check LLC Michigan Name Availability Check
LLC Minnesota Name Availability Check LLC Mississippi Name Availability Check
LLC Missouri Name Availability Check LLC Montana Name Availability Check
LLC Nebraska Name Availability Check LLC Nevada Name Availability Check
LLC New Hamp. Name Availability Check LLC New Jersey Name Availability Check
LLC New Mexico Name Availability Check LLC New York Name Availability Check
LLC North Carolina Name Availability Check LLC North Dakota Name Availability Check
LLC Ohio Name Availability Check LLC Oklahoma Name Availability Check
LLC Oregon Name Availability Check LLC Pennsylvania Name Availability Check
LLC Rhode Island Name Availability Check LLC South Carolina Name Availability Check
LLC South Dakota Name Availability Check LLC Tennessee Name Availability Check
LLC Texas Name Availability Check LLC Utah Name Availability Check
LLC Vermont Name Availability Check LLC Virginia Name Availability Check
LLC Washington Name Availability Check LLC Washington DC Name Availability Check
LLC West Virginia Name Availability Check LLC Wisconsin Name Availability Check
LLC Wyoming Name Availability Check

Classification of LLCs for Tax Purposes

The IRS - the American Revenue Agency - will treat an LLC as a corporation, a partnership, or as a disregarded entity. Specifically, an LLC with at least two members is classified as a partnership for federal income tax purposes, unless it explicitly chooses to be treated as a corporation. For income taxation purposes an LLC with a single member is considered a disregarded entity and therefore not separate from the owner, unless it chooses to be considered as a corporation for income taxation purposes. However, for the purposes of paying social contributions and Sales Tax, an LLC with a single member is still considered a separate entity from the members.
 

Taxation of LLCs in America

LLCs are pass-through entities: the income is passed on to members who must report this income and pay taxes. In other words, LLCs do not file tax returns and do not pay taxes, it is the members who do.

Below, we have reported the updated rates for federal LLC taxation to use for the income tax filing 2024 [relative to the income earned during the fiscal year 2023] and 2025 [therefore relative to the income earned during the fiscal year 2024] in cases where the LLC members are individuals. Since LLCs are taxed by transparency, personal income tax rates will apply whenever LLC members are individuals, while the flat 21% corporate rate will apply when LLC members are corporations [in this case, the additional 5% Branch Tax is also applied]
 

Rates for federal LLC taxation for the 2026 Tax Return of LLCs [i.e., relative to the income earned in 2025]
 

Taxable Income Rate and Total Tax Calculation
$0 – $12,400 10% of taxable income
$12,401 – $50,400 $1,240 plus 12% of the amount over $12,400
$50,401 – $105,700 $5,800 plus 22% of the amount over $50,400
$105,701 – $201,775 $17,966 plus 24% of the amount over $105,700
$201,776 – $256,225 $41,024 plus 32% of the amount over $201,775
$256,226 – $640,600 $58,448 plus 35% of the amount over $256,225
$640,601 or more $192,979.25 plus 37% of the amount over $640,600

Rates for federal LLC taxation for the 2025 Tax Return of LLCs for the income earned in 2024
 

IRPEF Rates 
2025 United States
Individual Taxpayers Joint Filers
10% $0 to $11,925 $0 to $23,850
12% $11,925 to $48,475 $23,850 to $96,950
22% $48,475 to $103,350 $96,950 to $206,700
24% $103,350 to $197,300 $206,700 to $394,600
32% $197,300 to $250,525 $394,600 to $501,050
35% $250,525 to $626,350 $501,050 to $751,600
37% over $626,350 over $751,600

Rates for federal LLC taxation for the 2024 Tax Return of LLCs for the income earned in 2023

Income brackets and rates for the 2024 USA tax return as a single filer [Filing Single]

Use these rates when the LLC member is unmarried and files their income in America as a single.

Income brackets and rates for the 2024 USA tax return as a couple
[Married Filing Jointly]

It's different for corporations which must always declare their income, even when they have not made taxable profits during the reference fiscal year.

taxation LLC United States

ExportUSA Articles on Taxation and Taxes in the United States of America

Over the years, we have published many articles dedicated to LLCs on the ExportUSA website. The following is just a selection.

Related articles

Opening a company in the USA
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Opening a company in the USA

ExportUSA opens US incorporated companies in all of the United States. We can open both LLCs and corporations

https://www.exportusa.eu/opening-a-company-exportusa.php
https://www.exportusa.eu/opening-a-company-exportusa.php