Form an LLC in Massachusetts with Inc Authority for Free

Inc Authority is a prominent LLC formation service provider with over 30 years of experience. The company has served over 250K businesses nationwide with its LLC formation services.

Employ this business formation service to start an LLC in Massachusetts.

Start Your LLC Today

1 Year Registered Agent Service Free

Inc Authority will assist you in establishing your LLC in Massachusetts efficiently and conveniently.

Its experienced team will help you get the S-Corp tax status by filing all the paperwork on your behalf.

All the packages, both free or paid, include one year of complimentary registered agent services.

What You Should Know When Forming an LLC in Massachusetts

To prepare for a smooth LLC formation process in Massachusetts, you need to pay attention to certain factors. Most importantly, you need to understand the specific requirements that come with forming LLCs in Massachusetts.

Let’s explore some of the important things to keep in mind.    

  • You’ll need to register your LLC as a foreign business entity in Massachusetts if you registered your business in another state but want to conduct business in Massachusetts.
  • You need to pay a one-time fee of $500 for paper filing or $520 for online filing to file your Certificate of Organization with the Massachusetts Secretary of the Commonwealth to form a domestic LLC.
  • You need to file an annual report with the Secretary of the Commonwealth which involves a state filing fee of $500. This is to ensure that your LLC business information stays updated.
  • LLCs in Massachusetts are required to file for an amendment of their Certificate of Organization if any changes are made to the information on the original document and a fee of $100 will apply.

Understanding these facts is crucial for anyone considering establishing an LLC in Massachusetts as compliance with state regulations is essential for smooth business operations.

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Select a Relevant Business Name

Choosing a business name is the first step to forming a Massachusetts LLC. You need to choose an LLC name that adheres to Massachusetts LLC naming guidelines and also represents the essence of your company. 

Per Massachusetts guidelines, your LLC name must include “limited liability company”, “LLC”, or “LC.” Also, you can check if your LLC name is available for use in the state using the Corporations Division Business Entity Search. 

Select a Relevant Business Name
Reserve Your Business Name and Domain

Reserve Your Business Name and Domain

If you have found a unique LLC business name but are not ready to file your LLC yet, you can apply to reserve the name for 60 days. This will help prevent others from claiming the name before your registration process. 

Note that this application process costs $30. In addition to reserving your business name, you should get a domain name that matches your business name. This will be useful when you create a website for your new business.

Designate a Massachusetts Registered Agent

Once you’ve got your LLC name sorted, employ a registered agent as required by Massachusetts law. You can decide between three options—you, a family member, or a professional registered agent services provider. 

Your registered agent must reside in the state, be over 18 years old, and have a physical address within Massachusetts. They will be your point of contact for receiving official legal documents and state correspondence. 

Designate a Massachusetts Registered Agent
Choose your LLC Structure

Choose your LLC Structure

You have the flexibility to choose how your LLC operates in terms of the number of owners. You may have a single-member LLC, which provides management flexibility, or a multi-member LLC if there are multiple LLC owners.

Also, decide the management structure for your LLC. In a member-managed LLC, the owners manage the business and make decisions. In a manager-managed LLC, you appoint managers to handle these things.

Submit Massachusetts LLC Certificate of Organization

Your LLC Certificate of Organization is the document that officially forms your LLC in Massachusetts. Every Limited Liability Company in Massachusetts is required to file it with the Massachusetts Secretary of the Commonwealth.

It contains important information about your LLC, such as the LLC’s name, business address, registered agent information, and purpose. It can be submitted online or by mail with a filing fee of $500 plus $20 for fax or online filings. 

Submit Massachusetts LLC Certificate of Organization
Create Your LLC Operating Agreement

Create Your LLC Operating Agreement

While Massachusetts law doesn’t mandate an LLC Operating Agreement, having one is strongly recommended for your Massachusetts LLC. This agreement acts as a rulebook outlining the internal operations and member responsibilities.

Having an Operating Agreement helps to clarify ownership percentages, profit and loss sharing ratios, and voting rights for each member. Also, some banks may require an Operating Agreement for you to open an LLC bank account.

Get an Employer Identification Number for your LLC

An EIN, similar to a Social Security Number for individuals, serves as a federal tax identification number for your business. If you plan to bring employees on board, you’ll need an EIN to report payroll taxes and withhold income taxes.

Even if your LLC does not hire employees and you choose to report business income on your tax return, having an EIN simplifies the process. You can apply for an EIN online or by mail for free through the Internal Revenue Service.

Get an Employer Identification Number for your LLC
Open a Business Bank Account for your LLC

Open a Business Bank Account for your LLC

While not legally required in Massachusetts, opening a business bank account for your LLC is highly recommended to keep your business finances separate. To open one, you’ll need an LLC operating agreement and an EIN. 

With a bank account, you’ll have a clear overview of your business’s income and expenses. Additionally, having a business bank account with a consistent transaction history shows financial responsibility and can improve your credit score.

Obtain Business Licenses and Permits

LLCs are not required to obtain a general business license in Massachusetts but you might still need specific permits or licenses based on your type of business to operate. These requirements depend on your industry and location.

Depending on your business activity, you might need an occupational license or general business license. Always check with your local municipality’s business office to determine if any permits are necessary for your LLC.

Obtain Business Licenses and Permits
Choose your Tax Structure

Choose your Tax Structure

LLCs in Massachusetts benefit from a tax structure known as a “pass-through entity.” This means the LLC itself doesn’t pay income tax directly but the income or loss of the LLC is reported by each member on their individual tax return. 

Massachusetts LLCs have the option to elect out of this default status and be taxed as a Corporation. This might be preferable in some situations, but it typically comes with increased tax complexities and the potential for double taxation. 

File for a DBA (Optional)

Filing for a DBA (Doing Business As) is optional for LLCs and is not a mandatory step involved in forming a Massachusetts LLC. Your LLC’s official name is the one you filed in the Certificate of Organization during the formation process. 

But if you plan to operate your LLC under a name different from its official name, then you’ll need to file for a DBA to the City Clerk’s office with a fee of $65. The DBA creates a public record that links your assumed name with your LLC.     

File for a DBA (Optional)
Get a Trademark \

Get a Trademark (Optional)

Establishing a trademark is not necessary for an LLC in Massachusetts but it can help protect your business identity and brand elements. It safeguards your company’s name, logo, or slogan from being used by competitors. 

Trademark registration occurs at the federal level through the United States Patent and Trademark Office (USPTO). There is no separate trademark registration procedure in Massachusetts, so get it from USPTO.

Launch a Website for Your  (Optional)

Securing a website, although optional, helps you boost your LLC’s online visibility, showcase your offerings, and engage with potential customers. Use website design and marketing services to build your business website.

Customers can learn about your products or services, contact you, and potentially conduct transactions directly through your website, expanding your reach beyond geographical limitations. Your website can also be your digital storefront for your business information.

Launch a Website for Your (Optional)
Stay Compliant

Stay Compliant

Maintaining ongoing compliance even after forming your LLC is crucial. Compliance requirements for LLCs in Massachusetts include paying taxes on time, filing an annual report, and filing for amendments when required 

Your LLC must file an annual report with the Secretary of the Commonwealth. It is a necessary condition to ensure your LLC remains active. The filing fee is $500 and is due by the anniversary date of your LLC’s formation.

Why You Should Outsource LLC Formation Instead of Doing it Yourself

Forming a Limited Liability Company (LLC) in Massachusetts involves a series of steps. Although it’s possible to do it yourself, it can be time-consuming. Therefore, outsourcing the process to industry experts can offer several advantages.

Streamlined Process

Streamlined Process

Outsourcing your LLC formation process to professionals takes the weight off your shoulders as they handle all the complexities. 

A team of experts efficiently handles all the formalities, saving you valuable time and energy.

Zero Errors

Zero Errors

Forming your LLC in Massachusetts requires various document filings and any mistakes can lead to rejections and delays in the process. 

Outsourcing to specialists familiar with Massachusetts laws can help minimize errors.

Expedited Filing

Expedited Filing

Time is of the essence when starting a business. LLC formation service providers understand this and can expedite the filing process. 

Their experience can help navigate potential roadblocks and ensure your LLC is filed quickly.

Form Your Massachusetts LLC Today

Limited Liability Protection

An LLC offers a crucial layer of protection for your assets. Since an LLC is treated as a distinct legal entity, it creates a separation between the business and its owners, shielding your personal assets from business liabilities. 

This means that if your business faces a lawsuit or incurs debts, you won’t incur any personal liability. This is unlike other business entities like a Partnership or a Sole Proprietorship where owners’ assets can be seized.

Limited Liability Protection
Flexible Management Structure

Flexible Tax Structure

Another benefit an LLC offers over a Sole Proprietorship or Partnership is the flexibility in how it is taxed. A Massachusetts LLC enjoys pass-through taxation, where the business’s profits pass through to the LLC members.

This prevents a situation where a corporation’s profits are taxed twice—at the corporate level and when distributed to shareholders as dividends. Because it eliminates the corporate tax layer, it also reduces the tax burden.

Affordable

Setting up an LLC typically involves fewer steps and less paperwork compared to incorporating an S-Corp. Also, limited liability companies in Massachusetts generally only need to file reports every year which can be done online or by email.

Unlike corporations, LLCs aren’t bound by strict formalities. You won’t need to hold frequent board meetings or maintain detailed records of minutes and resolutions. This translates to less administrative work and lower ongoing LLC costs.

Affordable
Less Paperwork

Less Paperwork

Compared to S-Corporations and C-Corporations, forming a Massachusetts Limited Liability Company involves submitting a single document—the Certificate of Organization. This reduces the initial paperwork burden.

As such, Massachusetts LLCs are not subject to the same stringent recordkeeping demands as corporations. They are also not obligated to hold regular board meetings and document them through meeting minutes.

Flexible Management Structure

Unlike corporations with stricter formalities, LLCs offer more management flexibility. Members decide how they want to be involved in daily operations and how profits and losses are distributed and mention it in the Operating Agreement.

The document outlines the specific management rights, responsibilities, profit-sharing, etc. for the LLC. Since the Massachusetts law allows significant leeway in crafting this agreement, you can tailor it to your specific needs.

Flexible Management Structure
Flexible Ownership Structure

Flexible Ownership Structure

LLCs allow for flexible ownership structures. You can have a single-member LLC or multiple-member LLC and there are not many restrictions on who can be LLC members. This allows for adaptability in bringing in partners or investors.

Additionally, LLCs in Massachusetts allow for flexible profit and loss allocation. This means that LLC owners can agree on any profit-sharing ratio in the Operating Agreement, irrespective of their percentage of ownership.

Ability to Hold Assets 

An LLC is regarded as a distinct legal entity from its owners, which means it can own assets independent of the members. If your LLC encounters debts or lawsuits, creditors can only go after the assets owned by the LLC itself.

This is why it’s important to keep personal and LLC assets separate and maintain clear records of all business transactions. Assets for your LLC should be acquired in the business name rather than your name, and vice versa.

Ability to Hold Assets
Ability to Enter into Contracts

Ability to Enter into Contracts

By forming an LLC, the business gains the legal capacity to act as a separate entity from its owners. Massachusetts LLCs have the legal right to enter into contracts, own property, and conduct business transactions.

Due to limited liability status, limited liability companies are often more attractive to potential investors than sole proprietorships or partnerships since their personal finances aren’t directly on the line. 

Free

With this plan, you’ll have access to the following features: 

  • Business name check: With this plan, you can perform a free business name search using the easy-to-use business name search tool by Inc Authority. This will help you to easily check for an available and unique name for your LLC. 
  • 1-year registered agent services: An LLC in Massachusetts requires a registered agent to receive legal documents on behalf of the business. The free plan offers you the services of a Massachusetts registered agent for free for a year. 
  • Digital document storage: The free plan also allows you to keep business records online on your Inc Authority account where you can conveniently manage and retrieve them anytime. Such documents can include your LLC operating agreements or annual reports.
  • Tax advisory: Although LLCs in Massachusetts offer a flexible tax structure, you still need guidance on how to take advantage of certain tax benefits available. Inc Authority’s free LLC formation plan provides free tax planning consultation. 
  • LLC formation: Filing the Massachusetts LLC Certificate of Organization with the Secretary of the Commonwealth is required to establish your LLC. With this plan, you’ll get access to an experienced team that will review and submit your application efficiently.
  • S-Corp election and filing: To obtain the federal S-Corp status for your LLC and to be taxed as one, you must complete and submit an S-Corp election form (Form 2553). You can get assistance from the Inc Authority in completing and submitting this form.
  • Business funding analysis: This is one of the complimentary business formation features that Inc Authority provides with its free plan. You’ll have professionals evaluate your business’s financial status and recommend reliable sources of funding.

The free plan offers basic LLC formation services that you need to start your LLC. To access additional services and packages, you’ll need to check out its paid plans.

Price: Free

Starter

Some of the premium services you can get with the Starter plan include: 

  • LLC operating agreement: An Operating Agreement is an important document that outlines the internal governance of your LLC. Inc Authority can assist you in creating one, ensuring that you craft a thorough agreement that includes all the important details and rules for your LLC operation.
  • Employer Identification Number: If your LLC hires any staff, you need an EIN to identify your business and withhold taxes from their income. Inc Authority offers assistance with the application process through the Starter plan and can help you obtain your Employer Identification Number with ease.
  • Corporate forms and documents package: This plan provides various templates for essential business documents, allowing you to save time and effort. Additionally, Inc Authority offers assistance in creating these documents, ensuring they are completed accurately and efficiently.
  • Regular compliance notifications: With the Starter plan, you’ll get notifications and reminders of upcoming deadlines to help you stay on top of important filings and other requirements that are crucial for maintaining your business’s legal status and staying compliant.  
  • Detailed tax consultation: Inc Authority, through its paid plans, offers access to an extensive tax planning consultation with a professional. The tax specialist will provide in-depth guidance on tax deadlines, deductions related to common business expenses, and other tax inquiries.
  • Web domain + 5 business email addresses: Inc Authority offers a bundled package to kickstart your online presence and launch a website for your new business. This includes a web domain for your LLC and 5 business email addresses that use your domain name.

Price: Custom

Fasttrack

Here are the additional services you’ll get with this plan:

  • Dedicated customer success advisor: The Fasttrack plan goes beyond just document filing, it offers a personalized and comprehensive LLC formation service. You’ll be assigned a dedicated success advisor who acts as your guide throughout the LLC formation process. 
  • Private banking specialist: Inc Authority assists in finding suitable banking options for your business in the Fasttrack plan. You’ll be connected to a private banking specialist who will provide you with the needed resources and recommendations for business banking solutions.
  • One-on-one business advisory: Beyond helping with LLC formation, Inc Authority offers ongoing business support. Inc Authority provides a dedicated business advisory with tailored business advice from specialists across several industries based on your specific business goals and challenges.
  • Expedited preparation & filing: With the Fasttrack plan, you can enjoy expedited filing for your business documents. Inc Authority prioritizes your business formation application and the team of experts works diligently to review and submit it within the same business day.

The Fasttrack plan is ideal if you want swift filing and individualized services. However, if you do not want any add-on features and don’t mind waiting a few weeks to launch your LLC, you can opt for the free plan.

What Makes Inc Authority The Top Choice for Forming an LLC in Massachusetts?

Inc Authority boasts over 30 years of experience in LLC formation services and is trusted by over 250,000 businesses. Here are some of the major reasons why you should choose Inc Authority over any other business formation service provider.

Free Service

100% Free Service

Inc Authority offers basic business formation services for free. These basic services include a business name availability check, registered agent services, document filing, and tax planning. 

Compared to some service providers that charge for these services, Inc Authority requires no service charges or any other hidden charges.

Unmatched Expertise

Unmatched Expertise

Working with Inc Authority for your LLC formation will gain you access to numerous business development resources and ongoing business support from our experts in the diverse fields. 

This includes tax professionals who will guide you on the complete tax calculations, and timely filing, making sure that you stay compliant.

Convenience

No Hassles

Forming an LLC requires several paperwork and steps, as well as ongoing compliance demands to run your LLC. This can be complex and time-consuming to follow through.

With Inc Authority, you can leave the hassle for experts to handle the entire process while you invest your time to scale your business.

Form an LLC with Inc Authority

FAQ

Here is the step-by-step process involved in forming an LLC in Massachusetts:

  • Choose a Business Name: Pick a unique business name that complies with Massachusetts LLC naming guidelines. You can use the Corporations Division Business Entity Search to check name availability.
  • Reserve a Business Name: If you haven’t yet filed your LLC but want to secure your chosen LLC name, you can reserve it for 60 days by filing an application with a $30 filing fee.
  • Appoint a Registered Agent: Massachusetts law requires you to designate a registered agent, who will receive legal documents on your LLC’s behalf. This has to be a Massachusetts resident who is at least 18 years old.
  • Choose Your LLC Structure: Decide on the management structure (member-managed or manager-managed) for your LLC. Also, choose whether your company will operate as a single-member LLC or a multi-member LLC.
  • File Your LLC Certificate of Organization: To form your Massachusetts LLC, you’ll need to file a Certificate of Organization with the Secretary of the Commonwealth. The state filing fee is $500, with an additional $20 expedited service fee for online or fax filings.    
  • Create an Operating Agreement: While not mandatory, having an LLC Operating Agreement is highly recommended. It outlines the internal operations, ownership percentages, profit and loss sharing, and voting rights for each member.
  • Obtain an Employer Identification Number (EIN): If your LLC has employees, you’ll need an EIN to report payroll taxes and withhold income taxes. You can apply for an EIN online or by mail for free through the IRS.
  • Open a Business Bank Account: Separating your business finances from personal finances is recommended. To open a business bank account, you’ll typically need an LLC Operating Agreement and EIN.
  • Obtain Massachusetts Business Licenses and Permits (if applicable): While a general business license isn’t required, you might need specific permits or licenses to operate legally depending on your industry and location. Check with your local municipality’s business office to determine this.
  • Choose Your Tax Structure: By default, LLCs are taxed as pass-through entities, meaning the business income or loss is reported on the members’ personal tax returns. You can retain this default status or choose to be taxed as a corporation.
  • File for a DBA (Optional): You’ll need to file for a DBA from the City Clerk’s office and pay a $65 fee if you intend to run your limited liability company under a name other than its official name.
  • Get a Trademark (Optional): Trademarking your business name, logo, or slogan protects them from being used by competitors. You can register your trademark with the USPTO.
  • Get a Website (Optional): Having a website allows you to showcase your business and reach a wider audience.
  • Maintain Compliance: File annual reports, pay taxes on time, and file amendments if your business information changes.

LLCs offer several advantages over other types of business entities, including:

  • Limited Liability Protection: LLCs shield your personal assets from business liabilities, meaning you won’t be held responsible for business debts if the LLC incurs any.
  • Pass-through Taxation: LLCs avoid double taxation. Business profits and losses pass through to the individual members’ personal tax returns, eliminating the corporate tax layer.
  • Affordability: Forming and maintaining an LLC is simpler and cheaper compared to corporations. The filing fee is lower, and there’s less paperwork involved.
  • Less Paperwork:  Compared to corporations, forming an LLC requires submitting just one document – the Certificate of Organization.
  • Flexible Management:  LLCs offer flexibility in how the business is run. Members can define their roles, profit-sharing ratios, and voting rights in an Operating Agreement.
  • Flexible Ownership:  LLCs can have single or multiple members, with no restrictions on ownership structure. Profit and loss allocation can also be customized.
  • Ability to Hold Assets: LLCs can own property and other assets, separating them from the owners’ personal assets and offering liability protection.
  • Ability to Enter into Contracts: LLCs can legally enter into contracts, own property, and conduct business transactions as a separate entity. This can improve investor confidence.

While it’s possible to form an LLC yourself, using a service like Inc Authority can offer several benefits including:

  • Streamlined Process: Inc Authority simplifies the process by handling the filing and paperwork.
  • Reduced Risk of Errors: The team of experts at Inc Authority ensures your documents are filed correctly to avoid delays or rejections.
  • Expedited Filing: Inc Authority offers options for faster filing, including same-day processing.

The cost of forming an LLC in Massachusetts includes:

  • State Filing Fee: This involves the fee for filing the Certificate of Organization which is $500 for paper filing or $520 for expedited online filing.
  • Optional Registered Agent Service Fee: This varies depending on the service provider.
  • Optional Business Name Reservation Fee: This is the cost of reserving your LLC name till you are ready to form your LLC. It costs a $30 state filing fee.

You will need to comply with some ongoing requirements after establishing an LLC to maintain its legal standing. The typical obligations involved are as follows:

  • Filing an Annual Report: You’ll have to file an annual report with the Secretary of Commonwealth by the anniversary date of your LLC formation. The filing fee is $500.
  • Paying Taxes: File taxes as required by the federal and state regulations.
  • Filing Amendments: If you make any changes to your business information, file an amendment with the Secretary of Commonwealth.