Your Idaho LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.

In any case, the Idaho LLC name that you choose must be distinguishable from the name of any other registered Idaho LLC or other registered Idaho business entity, such as a Idaho Corporation or LLP.  The LLC name must also be different from any reserved names on record with the state of Idaho.  Your Idaho LLC name must not imply that it was formed for a purpose other than that stated in your Articles of Organization; and your Idaho LLC name must not be a name that is likely to mislead the public.

The name of an Idaho LLC must include the word "LLC" or "Limited Liability Company" or an abbreviation of one of these words.

It's important to choose a good name for your Idaho LLC because if you want to change it after you Form a LLC in Idaho you will have to file amended Articles of Organization with the Idaho Secretary of State (and pay a fee).

Every Idaho LLC must have an address that is physically located in the state of Idaho.  This address is "registered" with the Idaho Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.

The individual or company that is registered with the state of Idaho to receive all correspondence on behalf of the Idaho LLC is called a "Registered Agent" or "Agent for Service of Process".  You may act as your own Registered Agent, however, many Idaho LLCs hire a Registered Agent because they don't have a physical address within the state of Idaho or to provide a distinct level of privacy.

The owners of an Idaho LLC are called Members - not Partners or Shareholders.  (a Idaho Limited Liability Company does not issue stock).  Members make all business decisions and realize the financial benefits generated by the Idaho LLC.  Division of ownership and distribution of profits are decided by private agreement among the Members.  Each Idaho LLC must have at least one Member.  Members need not live in the state of Idaho or be citizens of the United States.

Managers are responsible for the day to day operation of the Idaho LLC.  Members elect or appoint Managers and have the power to remove them.  Managers may or may not be Members of the Idaho LLC.  Management for your Idaho LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.

The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.  Idaho LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.  This decision may be made after the Idaho LLC is created.  If a single Member Idaho LLC does not declare a tax classification it is taxed the same as a sole proprietorship.  A multiple Member Idaho LLC that does not declare a tax classification is taxed as a general partnership.  More specific federal LLC tax information can be found at the IRS web site.

An Idaho Limited Liability Company is a type of business that is authorized by the state of Idaho - not by the federal government.  In order to form a LLC in Idaho you must file Articles of Organization with the Idaho Secretary of State. The Articles of Organization must include certain specific information about your Idaho LLC.  If the Articles do not conform exactly to state of Idaho requirements they will be rejected.  You may subsequently amend the Articles of Organization for your Idaho LLC but you will have to pay a fee to the state of Idaho in order to make the changes official.

A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Idaho LLC.  All Idaho LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.

If you do not elect to have your Idaho LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or if you plan to have employees.

If you plan to form a Single Member Idaho LLC you may not need a separate FEIN for the LLC if you have no employees.  The sole Member of a Single Member Idaho LLC may be able to use his or her Social Security Number instead of applying for an FEIN.  You may request a FEIN for your Idaho LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending on your business circumstances.

An Operating Agreement defines the rules by which your Idaho LLC will operate.  It is the core document that is referred to when issues concerning your LLC need to be resolved.  Operating Agreements may include requirements for almost anything that involves the management and operation of your Idaho LLC.  By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of disagreement in the future.

Items commonly included in an Operating Agreement for an Idaho LLC:


Although an Operating Agreement is not required in the state of Idaho, if you plan to form a multiple Member Idaho LLC it is highly advisable to have one.  Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.  As your Idaho LLC grows over time, you may amend your Operating Agreement as necessary.

When your Idaho LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by the state of Idaho.

It's very important that you have a separate business bank account for your Idaho LLC.  Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account for your Idaho Limited Liability Company.  Specific requirements vary from bank to bank. 

In most cases you will need a FEIN, a copy of your Idaho LLC Articles of Organization, and a resolution identifying authorized signers if those names are not listed in the Articles.

Note that forming an Idaho LLC doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  An Idaho LLC merely creates an ownership structure that limits the owner's personal liability.  You may still need to take care of getting set up to do business with your local government.

Depending on the nature of the business and the location of your Idaho LLC you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Idaho LLC vary depending on your business activities and the specific locations within the state of Idaho in which you want to conduct business.

If your Idaho LLC will be selling products in Idaho you may be required to obtain a Reseller's Permit from the appropriate Idaho state agency.  If your Idaho LLC will be selling products in Idaho you will also be responsible for all applicable local and state of Idaho sales taxes if there are any.

The Idaho Secretary of State does not have any Initial LLC Annual Report requirements for a new Idaho LLC.

Every Idaho LLC is required to file an Annual Report with the Idaho Secretary of State EACH year.

The Idaho LLC Annual Report is due at the Idaho Secretary of State EACH year by the last day of the anniversary month in which the Idaho LLC was initially approved by the ID Secretary of State.

For example, if the Idaho LLC was first approved by by the Idaho Secretary of State on April 1 then the Idaho LLC Annual Report is due at the Idaho Secretary of State by April 30 EACH year.

If an Idaho LLC does not file its LLC Annual Report with the Idaho Secretary of State by the due date then that Idaho LLC will be administratively dissolved by the Idaho Secretary of State after 60 days.

If an Idaho LLC is administratively dissolved by the Idaho Secretary of State then that Idaho LLC will have to pay a reinstatement fee.