How to Start an LLC in Mississippi
Last Updated: by TRUiC Team
To start a Mississippi LLC, you'll need to file the Certificate of Formation with the Mississippi Secretary of State, which costs $50. You can apply online.
Follow our step-by-step How to Start an LLC in Mississippi guide to get started today.
- Name Your Mississippi LLC
- Choose a Registered Agent
- File the Certificate of Formation
- Create an Operating Agreement
- Get an EIN
- File the Annual Report
- Keep Your Company Compliant
Learn more about LLCs and their benefits in our What is an LLC guide. To form an LLC in any state, visit our How to Set Up an LLC guide.
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Step 1: Name Your Mississippi LLC
Choosing a company name is the first and most important step in starting your Mississippi LLC. Be sure to choose a name that complies with Mississippi law and is easily searchable by potential clients.
1. Follow the naming guidelines:
- Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
2. Name Availability in Mississippi. Make sure the name you want isn't already taken by doing a business name search on the State of Mississippi website.
To learn more about searching for a Mississippi LLC name, read our full guide.
3. URL Availability. We recommend that you check to see if your business name is available as a web domain. Even if you don't plan to make a business website today, you may want to buy the URL in order to prevent others from acquiring it.
Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.
We reviewed and ranked the best LLC services. Find out which is best for you.
Step 2: Choose a Registered Agent in Mississippi
You are required to nominate a Mississippi registered agent for your LLC.
What is a registered agent? A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business's point of contact with the state.
Who can be a registered agent? An LLC's registered agent must be a resident of Mississippi or a corporation, such as a registered agent service, authorized to transact business in Mississippi. You may elect an individual within the company including yourself.
Recommended: Check out these best registered agent services.
Step 3: File the Mississippi LLC Certificate of Formation
To register your Mississippi LLC, you will need to file the Certificate of Formation with the Secretary of State. This can be done online.
Now is a good time to determine whether your LLC will be member-managed vs. manager-managed.
You'll also need to know your NAICS code number (Mississippi requires it).
File the Mississippi LLC Certificate of Formation
File Online With the State of Mississippi
Fee: $50, payable to the Secretary of State (Nonrefundable)
For help with completing the form, visit our Mississippi Certificate of Formation guide.
If you’re expanding your existing LLC to the state of Mississippi, you will need to form a foreign LLC.
Mississippi NAICS Requirement
When filing the Mississippi LLC formation documents, you are required to include your NAICS code. The North American Industry Classification System (NAICS) consists of six-digit codes given to a business depending on the type of trade it engages in. Y
ou can look up the NAICS code for your type of business by using our NAICS Code Lookup Tool.
Step 4: Create a Mississippi LLC Operating Agreement
When forming an LLC in Mississippi, LLCs are not required to have an operating agreement, but it's a good practice to have one.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all LLC owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our Mississippi LLC operating agreement guide.
Recommended: Download a template or create a free operating agreement using our tool.
Step 5: Get an EIN
You can get an Employer Identification Number (EIN) from the IRS for free. It is used to identify a business entity and keep track of a business’s tax reporting. It is essentially a Social Security number (SSN) for the company.
Why do I need an EIN? An EIN number is required for the following:
- To open a business bank account for the company
- For federal and state tax purposes
- To hire employees for the company
Where do I get an EIN? An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.
FOR INTERNATIONAL APPLICANTS: You do not need an SSN to get an EIN. Learn more here.
Get an EIN
Option 1: Request an EIN from the IRS
- OR -
Option 2: Apply for an EIN by Mail or Fax
Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
Fee: Free
Step 6: File the Annual Report
Mississippi requires LLCs to file an annual report online with the Mississippi Secretary of State. There is no filing fee.
Mississippi LLC annual reports are due by April 15 every year. Any annual report received after April 15 will result in your business losing its good standing with the state.
Steps After LLC Formation
Read all the steps you’ll need to maintain your LLC’s personal liability protection, open a business bank account, get business insurance, and stay up to date with state reporting requirements.
Visit our After Forming an LLC guide to learn more.
Step 7: Keep Your Company Compliant
Mississippi LLC Business Licenses & Permits
To operate your LLC, you must comply with federal, state, and local government regulations. Fees and requirements for licenses and permits will vary depending on what sort of business license you need.
Find out how to get the necessary business licenses and permits for your LLC with our Mississippi Business License guide.
Recommended: Consider having a professional service research your business’s licensing requirements. Read our best business license services review.
Mississippi LLC Tax Filing Requirements
In order to keep your business in good standing, it's important to stay up to date on your Mississippi LLC taxes.
Depending on the nature of your business, you may be required to register for one or more forms of tax.
Mississippi Sales Tax
If you are selling a physical product, you’ll typically need to register for a seller's permit through the Mississippi Department of Revenue website.
Mississippi's statewide sales tax is 7%. Two cities — Tupelo and Jackson — impose an additional .25% and 1% local sales tax, respectively.
Mississippi Employer Taxes
If you have employees in Mississippi, you will need to register for Unemployment Insurance Tax through the Mississippi Department of Employment Security. You will also need to sign up for Employee Withholding Tax through the Mississippi Department of Revenue.
Income Tax
State
Individual income tax rates in Mississippi range from 0% to 5%. Your rate will ultimately depend on your LLC's income.
State tax returns are due each year by April 18. To calculate your tax or determine your tax bracket, visit the Mississippi Department of Revenue website.
Federal
You’ll also need to report your federal income tax using either Form 1065 (multi-member LLC) or Form 1040 Schedule C (single-member LLC).
Hiring Employees in Mississippi
If you plan to hire employees, stay compliant with the law by following these steps:
- Verify that new employees are able to work in the US
- Report employees as "new hires" to the state
- Provide workers' compensation insurance for employees
- Withhold employee taxes
- Print workplace compliance posters and place them in visible areas of your workspace
Find out more information from the Mississippi Department of Employment Security.
Recommended: Check out our Hiring for Your Small Business Guide for resources like sample job descriptions, payroll service reviews, and more.
Common Questions About Mississippi LLCs
What is an LLC?
LLC is short for “limited liability company.” It is a simple business structure that offers more flexibility than a traditional corporation while providing many of the same benefits. Read our What is a Limited Liability Company guide for more information.
Or, watch our two-minute video: What is an LLC?
How do I name my Mississippi LLC?
You must follow the state's LLC naming guidelines when choosing your Mississippi LLC's business name:
- Include the phrase "limited liability company" or one of its abbreviations (LLC or L.L.C.).
- Do not use words that could confuse your business with a government agency (FBI, State Department, CIA, etc.).
- Receive the proper licensing when using the words such as lawyer or doctor.
If you are having trouble coming up with a name for your LLC, use our LLC Name Generator. That will not only find a unique name for your business but an available URL to match.
After you get your business name, get a unique logo using our Free Logo Generator.
Do I need to get a DBA or fictitious name for my business?
Most LLCs do not need a DBA, known in Mississippi as a fictitious name. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that name as well. However, you may wish to register a DBA if you would like to conduct business under another name.
To learn more about DBAs in your state, read our How to File a DBA guide.
Can I be my own registered agent?
Yes. You or anyone else in your company can serve as the registered agent for your Mississippi LLC.
Read more about being your own registered agent.
Is a registered agent service worth it?
Using a professional registered agent service is an affordable way to manage government filings for your Mississippi LLC. For most businesses, the advantages of using a professional service significantly outweigh the annual costs.
For more information, read our article on Mississippi registered agents.
What is the processing time to form my Mississippi LLC?
The Mississippi Secretary of State typically processes online business filings in two business days.
What is the difference between a domestic Mississippi LLC and foreign LLC?
An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.
Read our What Is a Foreign LLC article to learn more.
How much does it cost to start a Mississippi LLC?
The cost to start a Mississippi LLC is $50.
To learn more, read our guide on the cost to form a Mississippi LLC.
Do I need to file my operating agreement with the state?
No. The operating agreement is an internal document that you should keep on file for future reference. However, many states do legally require LLCs to have an operating agreement in place.
How do I get an EIN if I don’t have a Social Security number?
A Social Security number is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at (267) 941-1099 to complete your application. Learn more about applying as an international applicant.
What tax structure should I choose for my Mississippi LLC?
When you get an EIN, you will be informed of the different tax classification options that are available. Most LLCs elect the default tax status.
However, some LLCs can reduce their federal tax obligation by choosing the S corporation (S corp) status. To learn more, read our LLC vs. S Corp guide.
Do I need an EIN for my LLC?
All LLCs with employees, or any LLC with more than one member, must have an EIN. This is required by the IRS.
Learn why we recommend always getting an EIN and how to get one for free in our Do I Need an EIN for an LLC guide.
What is the minimum wage in Mississippi?
The minimum wage in Mississippi is $7.25 per hour.
How often do I have to pay employees?
Employers in Mississippi must pay employees biweekly.
Mississippi Business Resources
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