Form an LLC in New Hampshire with Inc Authority for Free
With 30 years of experience helping form over 250K businesses, Inc Authority remains committed to taking your business needs seriously. Their team of filing experts will help get your New Hampshire LLC up and running in no time, absolutely for FREE.
1 Year Registered Agent Service Free
Inc Authority’s team will handle the entire New Hampshire LLC formation process for you, completing the required filings on your behalf
By providing you with a registered agent for an entire year at no extra charge, Inc Authority will make sure that you never miss a legal notice
In case of any questions, Inc Authority has a dedicated team of experts who are ready to answer them, both via email and phone
Things to Know Before Setting up an LLC in New Hampshire
New Hampshire (NH) is considered one of the best states in the US with strong economic growth. So if you’re looking to start an LLC in New Hampshire, know that you’ve chosen a great location for your new business venture.
But just like any other state, there are a couple of rules and regulations that you need to understand to ensure that your business runs effectively.
Let’s briefly discuss some of them below:
- Your New Hampshire LLC name must be unique and not confusingly similar to the name of any other existing New Hampshire business. It must also include the words “Limited Liability Company” or its abbreviations “LLC” or “L.L.C.”
- The turnaround time for LLC formation in New Hampshire is 3–7 business days after payment for online filing. For in-person filing, the entire process takes about two hours, while filing by mail can take up to three weeks.
- For a foreign LLC, you’ll need to file an Application for Foreign Limited Liability Company Registration. You must also send a Certificate of Good Standing from your foreign LLC’s home state. The state filing fee is $100.
- Every year between January 1st and April 1st, New Hampshire LLCs must file an annual report online through the NH Annual Report Online Filing web page or by mail. The filing fee is $100, and late filings attract a $50 fine.
Forming an LLC in New Hampshire has many benefits, including liability protection and the option to pick a tax structure that works best for your company.
Besides, New Hampshire charges minimal filing fees, which makes it more affordable to set up an LLC in the state.
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A Guide to Starting an LLC in New Hampshire
Establishing a New Hampshire LLC is a relatively simple process. The state doesn’t have any extraordinary requirements and the process is similar to that in other states.
However, for new entrepreneurs, the process can be overwhelming. That’s why you need a step-by-step guide that will ensure you stay on the right track.
Follow these simple steps to help get your new business started.
Choose a Business Name for Your New Hampshire LLC
First off, you need a name for your New Hampshire LLC. Choose one that’s unique, memorable, easy to pronounce and spell, and accurately represents your business. You can conduct a name search using the New Hampshire Secretary of State’s name check service to confirm your chosen name’s availability.
According to New Hampshire’s business name guidelines, the name you choose for your LLC must not contain phrases suggesting that your business is a government agency. You also can’t use restricted words like “Credit Union” or “Bank” unless you have written approval from the New Hampshire Banking Department.
Reserve Your LLC Business Name
If you’re not ready to file your Certificate of Formation, it’s best to reserve your LLC name before officially registering your LLC with the New Hampshire Secretary of State (SOS). Reserving your business name helps to ensure that no one else can register the same name or similar name during the reservation period.
To reserve your chosen LLC business name, you should file an application for business name reservations with the New Hampshire Secretary of State. Filing can be done online or via email, and the reservation is generally valid for 120 days from the day of filing. The state filing fee is $15, which is quite affordable.
Reserve a Web Domain Name
Just as you ensure that your business name is available with New Hampshire’s SOS, you should also check whether a domain name matching your chosen LLC name is available. A domain name is simply a website’s address. While you don’t need it to form an LLC in New Hampshire, you’ll require it to build your website.
Even if you’re not yet ready to design a business website, you can still reserve a domain name to ensure no one else claims it. This will help you reserve it for when you need it, instead of buying it later at a potentially higher price. You can reserve your domain name and purchase it online through different vendors.
Appoint a New Hampshire Registered Agent
A registered agent is a business or an individual responsible for handling all the state and federal legal documents on behalf of a business. Every New Hampshire LLC must have a registered agent. This can be a member or employee of the LLC, or a separate entity that offers a registered agent service within the state.
The registered agent you choose must reside in New Hampshire or have a business office in the state. They need a physical address within the state, where they should be available during regular business hours. Due to these requirements, some LLC owners prefer to work with a commercial registered agent service.
Choose Your LLC’s Management Structure
You can choose between a member-managed or manager-managed LLC depending on how you want it to be managed. In a member-managed LLC, the company’s daily operations are handled by one of the LLC’s members while in a manager-managed LLC, a manager is appointed to make day-to-day business decisions.
Though the differences between the two are subtle, each member in a member-managed LLC can make decisions for the business. For the manager-managed LLC, however, all the decision-making power is given to the chosen manager, who could be an LLC member or someone else.
Create an LLC Operating Agreement
The operating agreement contains rules on how your LLC will conduct its operations. Some businesses prefer to draft their operating agreement after registering their LLC, but we recommend doing this beforehand. This will ensure you have a clear vision of your business and how you want things to run before you start.
While New Hampshire doesn’t legally require you to file an LLC operating agreement, having one can help you settle future member disputes. Operating agreements generally address the LLC’s management structure, voting procedures, members’ rights and responsibilities, and dissolution procedures.
File Your New Hampshire LLC Certificate of Formation
A New Hampshire LLC is officially established by filing a Certificate of Formation. You can file online through the New Hampshire Secretary of State’s website or download a copy of the certificate, fill it out, and mail it to the Secretary of State. The filing fee is $100, with an extra $2 transaction fee for online filing.
The New Hampshire Certificate of Formation must include details like your LLC’s name and address, its members, management structure, and nature of business. After you file your application, the Corporations Division will check it for any issues. If there are none, the state will approve your business and make it official.
Get a Federal Employer Identification Number (EIN)
A federal employer identification number (EIN) allows lenders, creditors, and the government to verify the identity of your New Hampshire LLC. It’s a nine-digit number issued by the Internal Revenue Service (IRS) and can only be given to one entity at a time. It’s like a social security number for a business.
With a federal employer identification number, you can file taxes for your LLC, complete payroll for employees, build credit for your business, and even open a new business bank account. You can apply for the EIN via mail or online through the IRS website. There are no filing fee charges; it’s entirely free.
Submit Your LLC’s Beneficial Ownership Information Report
There’s a new requirement for LLCs, which took effect on January 1, 2024, known as the Beneficial Ownership Information Report (BOIR). It mandates LLCs to disclose information about their beneficial owners, such as their names, addresses, and identifying documents. The report is filed online via FinCEN’s website.
For New Hampshire LLCs created in 2024, the BOIR must be filed within 90 days of getting the state’s approval. If you form your LLC after January 1, 2025, you’ll have just 30 days after your LLC is approved to file. Any New Hampshire LLC that existed before 2024 will also need to file by January 1, 2025. The application is free.
Set up a Business Bank Account
Having a dedicated bank account helps keep your business finances and personal finances separate, particularly if you want to enjoy the personal liability protection that an LLC offers. It will also simplify your accounting processes, making it easier to manage cash flow, track business expenses, and prepare for taxes.
When you apply for a business bank account, you’ll likely be asked to provide certain documentation, such as your EIN, Certificate of Formation, and a copy of your operating agreement. For the best banking solutions, consider institutions that offer services beneficial to small businesses like minimal fees and online banking.
Understand Your New Hampshire LLC State Taxes
Normally, limited liability companies are treated as pass-through entities, meaning the profits and losses pass through to the members and can be reported on their personal income tax returns. However, New Hampshire doesn’t have a personal income tax, making things different than in most other states.
Instead, the state’s unique approach involves levying a Business Profits Tax (BPT) on the net profits of all businesses within the state. You must register your New Hampshire LLC with the Department of Revenue Administration to pay any state taxes, including BPT. The filing can be done online at no cost.
Acquire Business Licenses and Permits
Some states require a general business license for all LLCs, but this is not the case in New Hampshire. All business licenses and permits are based on the nature of your business and your business location within the state of New Hampshire. As such, requirements differ from business to business and county to county.
For instance, New Hampshire doesn’t have any state or local sales tax, so there’s no seller’s permit needed for limited liability companies. However, professionals like accountants, architects, and physicians will still require professional licenses. Local municipalities and cities can also set their licensing requirements.
Obtain a Certificate of Good Standing
If you comply with state regulations, you can apply for a Certificate of Good Standing. While it’s not mandatory, most LLC owners prefer having it in case a vendor or bank requires it. This certificate verifies that your limited liability company is compliant with all the legal requirements of an LLC within New Hampshire.
You can get a Certificate of Good Standing online via the New Hampshire Secretary of State’s Corporation Division. You can also request the certificate by mail or in person. The filing fee is $25, which you can pay via credit card or e-check. The certificate is valid for 90 days from the date it’s issued.
Stay Compliant
Registering your New Hampshire limited liability company gives you a legal foundation to conduct business within the state. However, if you want to avoid fines or dissolution after your business is up and running, you must ensure that your LLC stays compliant with the state’s rules and regulations.
Each New Hampshire LLC has its own set of requirements, but there are some that cut across the board. These include filing annual reports, paying state taxes like the Business Profits Tax and Interest and Dividends Tax, obtaining necessary licenses and permits, and filing the BOI report before the deadline.
Why You Should Outsource Your New Hampshire LLC Formation
Setting up your limited liability company and running it smoothly is not an easy feat. If you’re not familiar with the New Hampshire LLC formation process, you can find it tedious and time-consuming.
Outsourcing the process ensures that everything goes efficiently and smoothly.
Here’s why outsourcing your New Hampshire LLC formation is better than doing it yourself.
Seamless Process
Letting a professional handle the LLC formation process for you guarantees a smooth, hassle-free experience.
Setting up an LLC involves extensive paperwork and navigating government departments. When you outsource the process to a professional, all you need to do is fill out a form and provide the required documents; they’ll handle the rest.
No Errors
Even if you make one small error on your LLC application or miss a document, you may face rejection.
By outsourcing to professionals, you can benefit from their team’s expertise. They’ll thoroughly review your application to ensure that it’s completely error-free. Having helped open 250K+ businesses, they know exactly how to get it right.
Swift Filing
Forming a new LLC comes with loads of paperwork that can easily overwhelm even the most organized entrepreneur.
Handling all this paperwork can take a lot of your valuable time. By outsourcing to professionals, you can let the experts handle the review and filing process, ensuring that everything is completed much faster than you could on your own.
Benefits of Setting Up an LLC in New Hampshire
For entrepreneurs looking to start a business in New Hampshire, creating an LLC is generally the fastest and easiest way.
There are lots of advantages to forming an LLC in New Hampshire. Let’s discuss some of them below.
Business-Friendly Tax Environment
To begin with, New Hampshire LLCs do not need to pay corporate income taxes or state-level personal income taxes. This makes it easier for businesses to operate without the extra burden of high taxes, allowing owners to retain more of their earnings and reinvest money in their businesses.
Besides, the lack of these taxes simplifies financial planning and compliance, reducing the administrative workload and costs that are normally associated with tax filings. This tax-friendly environment is a great advantage for startups and small businesses looking to maximize profitability and growth potential.
Personal Liability Protection
Perhaps the most outstanding benefit of setting up a New Hampshire LLC is the personal liability protection it provides. As an LLC owner, your personal assets, such as your savings, home, and car, are protected even when the LLC fails to pay its debts, fees, or loans. This protection covers all members of the LLC.
Other business structures like Sole Proprietorships and Partnerships do not offer such protection. However, it’s important to note that personal liability protection may not help if you breach your duties as an owner of the LLC, commit fraud, cause harm due to negligence, or combine your personal and business finances.
Flexible Tax Structure
As a limited liability company in New Hampshire, you and your other members have the flexibility to select a tax structure for your business. For instance, you may choose to tax your LLC as a Corporation or go for the pass-through taxation structure of less formal business entities like sole proprietorships and partnerships.
If you’re operating a single-member LLC, you can tax it as a Sole Proprietorship. However, you can choose your multi-member LLC to be taxed as a Corporation or S-Corporation. You can change your LLC’s tax status in New Hampshire, but the Internal Revenue Service (IRS) allows this once every 60 months.
Flexibility in Management
When setting up your LLC in New Hampshire, you may choose to manage the business all by yourself or hire a manager to oversee your day-to-day business operations. It’s up to you and other LLC members to decide how you want to manage your business and the management structure you want.
If you have no experience running an organization, hiring or appointing a manager to manage business operations is a great option. However, if you’re operating a single-member LLC, you can run your business the way you deem fit. You’re also not required to have a board of directors, as is the case for Corporations.
Flexible Profits Distributions
With an LLC, members can choose how they need their profits distributed. This is unlike a partnership, where owners must split the profits equally among themselves. Even though LLC members decide how they want to distribute their profits, this needs to be well-documented in the LLC’s operation agreement.
You may have to provide valid reasons behind the distribution of your profits to the Internal Revenue Service when filing your taxes. It must be made clear that this distribution reflects your LLC’s leadership structure, and it’s not just an attempt to help LLC members avoid falling into a higher tax bracket.
Less Paperwork
Another benefit of choosing an LLC is the minimal amount of paperwork that’s required to get your business up and running. Unlike Corporations, LLCs don’t have to record meeting minutes or hold meetings. You also don’t need a board of directors or officers and all the paperwork that comes with keeping records.
This ease of administration allows an LLC owner to focus more on developing their business and customer relationships instead of getting overwhelmed with countless documents. This helps save time and reduce the legal and administrative costs for an LLC in New Hampshire, which is quite beneficial for the business.
Access to Loan Funding
Every startup will benefit from financial aid that can help push their business goals forward and help expand and grow the business. If you register your new business as an LLC in New Hampshire, you can participate in the Brownfields Revolving Loan Fund (RLF) program and easily secure business funding.
Commonly known as the “Brownfields Loans”, this program is funded by the US Environmental Protection Agency and managed by Capital Regional Development Council (CRDC). You can receive a loan of up to $600,000 to set up your New Hampshire limited liability company or fuel its business growth.
Perpetual Existence
Unless the New Hampshire Articles of Organization limit an LLC’s existence, a limited liability company exists perpetually. This means that LLC owners can change without leading to the company getting dissolved. A member can retire, pass on, or choose to withdraw from the LLC, but its operations won’t cease.
There are certain situations where an LLC can be dissolved In New Hampshire, though. Some examples include situations where an LLC’s members consent to a dissolution, a judicial or administrative action dissolves the LLC, or an LLC fails to file its annual reports and fees for two consecutive years.
Creditors Only Receive Passive Rights
Under New Hampshire law, in case a judgment creditor obtains a charging order against a member’s interest in an LLC, this order creates a lien on that membership interest. The creditor is only entitled to receive the distributions that would normally go to the member; they don’t gain management rights for the LLC.
Besides, an individual would immediately cease to become a member of an LLC in New Hampshire if they assign their interest for the creditor’s benefits, file for bankruptcy, are declared bankrupt, or do not contest a petition for their liquidation, dissolution, or other similar situations.
Protects the Interests of the LLC Owners
According to the New Hampshire LLC Act, LLC members can safeguard their control of a limited liability company. Under sections 304-C:121, 304-C:123, and 304-C:124, a limited liability company agreement may forbid members from transferring their membership interests to others.
Even if the agreement doesn’t prohibit members, a transfer will not dissolve the LLC or guarantee that the transferee will participate in the LLC’s management or automatically become a member. Instead, they may only receive allocations of profits and losses to which the transferor would have been entitled.
Inc Authority’s Pricing Plans for New Hampshire LLC Formation Services
Inc Authority stands out as a top business formation service in the United States, trusted by more than 250k businesses. The company offers a free plan and two paid plans with additional features.
Let’s see what each plan has to offer.
Free
Here are the valuable benefits you’ll get with the free plan:
- Business name check: Inc Authority offers a free search box on its website where you can confirm if your desired LLC name is available for use within the state. Simply type in the business name, and you’ll find out instantly.
- 1-year registered agent services: Enjoy a year of commercial registered agent service for free with this plan. Inc Authority will provide you with a New Hampshire registered agent who will handle all your legal correspondence.
- Online document storage and delivery: With Inc Authority, you can enjoy convenient online storage for all your business documents. You can also easily manage and access your files through your Inc Authority account.
- Expert tax advisory: Along with the free LLC formation, Inc Authority offers expert tax advice tailored to New Hampshire LLCs. Their tax specialists will guide you in selecting the best tax structure to maximize your savings.
- LLC formation: Let Inc Authority guide you through the process of launching your New Hampshire limited liability company. Its team of experts will handle the application filing process and get your LLC registered with ease.
- Business funding analysis: With Inc Authority’s business funding analysis, you’ll receive expert advice. Its experts will evaluate your LLC’s funding needs and offer recommendations along with trusted sources of funding.
Price: Free
Inc Authority’s free plan equips you with the essential features you need to set up an LLC in New Hampshire. If you’re looking for tailored services and more premium features, consider exploring two paid plans: Starter and Fasttrack.
Starter
Take your New Hampshire LLC formation to the next level with Inc Authority’s Starter Plan.
Here are the additional services you’ll enjoy with this paid plan.
- LLC operating agreement: An operating agreement is an essential document that can prove highly beneficial to your LLC. Inc Authority’s Starter plan provides access to customizable templates tailored for NH LLCs.
- Employer identification number (EIN): When you choose the Starter plan, Inc Authority will help you obtain an EIN for your business entity quickly and effortlessly. They’ll walk you through the entire application process.
- Corporate forms and documents package: Setting up and running your professional LLC will require you to handle lots of business documents. Inc Authority’s legal documents package will help you draft these documents
- Annual compliance notifications: The Starter plan gives you access to Inc Authority’s knowledgeable team, who will ensure that your LLC stays compliant by sending timely notifications and reminders.
- Detailed tax consultation: While you will still receive a free consultation with the free plan, this involves in-depth, personalized tax advice that’s tailored to the unique needs of your LLC in New Hampshire.
- Web domain + 5 business email addresses: In case you’re planning to create a website for your LLC, the Starter plan gives you a domain name matching your business identity, together with 5 distinct email addresses.
Price: Custom
Fasttrack
The Fasttrack plan is the highest tier plan offered by Inc Authority. It’s also the most expensive plan, as it offers personalized services and expedited filing.
Here are the additional services you’ll enjoy with this premium plan.
- Customer success advisor: Gain access to a dedicated account manager. They’ll serve as your personal advisor, addressing all your inquiries about the LLC formation process and providing unwavering support
- Private banking specialist: With the Fasttrack plan, Inc Authority will assign a designated private banking specialist. They’ll help you secure the best banking options and tailor your LLC’s checking accounts.
- Personalized business advisory: Enjoy highly personalized services with Inc Authority’s Fasttrack plan. This includes in-depth business advisory sessions from seasoned experts that will help propel your business.
- Expedited preparation & filing: Time is of the essence, and Inc Authority’s Fasttrack plan ensures you never miss a beat. They’ll prioritize your LLC application, ensuring your paperwork is submitted within the same day.
Why Choose Inc Authority to Form Your New Hampshire LLC
Inc Authority stands tall as a trusted leader in LLC formation services, backed by an impressive 32 years of expertise in the field.
Here’s what sets them apart from the rest.
100% Free Service
Inc Authority provides this service at ZERO cost, while with other companies, you’d have to pay for it.
Inc Authority waives its overhead costs and has no hidden charges. All you’ll pay are the state filing fees, and you’re good to go.
Connect with Experts
Choosing Inc Authority means choosing to work with only the best professionals in every field.
You’ll work with the most proficient tax consultants and business funding gurus, who will be with you every step of the way.
Say Goodbye to Hassles
Why subject yourself to the trouble of dealing with loads of paperwork when you can work with a team of experts?
Inc Authority will take over the reins, handling all the necessary paperwork to kickstart your business journey.
FAQ
Your New Hampshire LLC’s tax classification depends on the number of its members. Single-member LLCs are taxed like Sole Proprietorship by default, while multi-member LLCs are taxed as general partnerships.
Unless members choose a different status, LLCs in New Hampshire are classified as pass-through entities. This means that the business itself doesn’t pay federal income tax on its profits. Instead, the LLC’s members pay income taxes through their personal returns.
LLCs in New Hampshire can also be taxed as S-corp or C-corp. Businesses classified as S-corps do not pay corporate income tax and are able to make contributions as members without having to pay the 15.3% federal self-employment tax on these contributions.
New Hampshire LLCs taxed as C-corps face double taxation, with the LLC paying 21% federal corporate income tax and the members paying 15.3% self-employment tax on dividends.
When it comes to state taxes, New Hampshire doesn’t have an official state income tax on businesses or individuals. However, depending on the income, an LLC may be required to pay the state’s Business Enterprise Tax and Business Profits Tax.
New Hampshire employers are also mandated to pay unemployment insurance (UI) tax and workers’ compensation tax.
In the event that you need to shut down your New Hampshire limited liability company, you’ll follow the procedures in your operating agreement for dissolution. Normally, dissolving an LLC requires members to vote.
You’ll also need a Certificate of Dissolution from the Department of Revenue Administration showing that your LLC has no pending taxes. In case you have creditors, you’ll need to inform them of your decision to dissolve the LLC.
After paying your creditors and distributing any left assets to your LLC’s members, file a Certificate of Cancellation with the New Hampshire Secretary of State to terminate your registration.
By default, LLC owners are only required to pay state and federal taxes on their personal income from the LLC. The LLC isn’t separately taxed. Some LLCs, especially those with high earnings, may opt to file taxes as either a C-corporation or an S-corporation.
Maintaining the status of your New Hampshire LLC after its formation requires you to comply with the state’s requirements.
These requirements include, but are not limited to:
- Annual report: All LLCs in New Hampshire must file an annual report by April 1st of every year. The filing can be done online or by mail as early as January 1st and involves a $100 filing fee. Failure to file the annual report before the deadline attracts a $50 fine.
- Employer tax: If you plan to hire one or more employees, the New Hampshire Employment Security (NHES) requires you to file an Employer Status Report. You must also report all your new hires and submit a quarter Tax and Wage Report for each quarter if you have employees.
- Registered agent: Each New Hampshire LLC must have and maintain a registered agent. The registered agent can be an individual who lives within the state or an LLC or a Corporation authorized to do business in NH. They must have a physical office address in the state and be available during working hours.
Yes, you can operate your New Hampshire LLC under a different name by filing a trade name with the New Hampshire Secretary of State.
The trade name, also known as “Doing Business As” or DBA, must be unique and distinguishable from other registered names. Trade name registration is effective for five years and attracts a filing fee of $50.
Form an LLC in New Hampshire for Free with Inc Authority
Setting up a New Hampshire limited liability company can be overwhelming, even for seasoned entrepreneurs. With Inc Authority, the process becomes seamless and hassle-free.
Let Inc Authority’s experienced team of experts handle all your paperwork as you concentrate on what truly matters—growing your business.
$0 + State Filing Fees