How to Start an LLC in Mississippi (2025 Guide)

How to Form an LLC in Mississippi in 5 Steps

In order to form your LLC in Mississippi, there are certain steps you’ll need to complete:

1. Name Your Mississippi LLC
2. Choose a Registered Agent
3. File the Certificate of Formation
4. Create an Operating Agreement
5. Get an EIN

Step 1: Name Your Mississippi LLC

Before you get started, you will need to pick a name for your Mississippi LLC. 

Your LLC’s name should be both memorable and easily searchable for potential customers, as well as comply with state naming requirements.

1. Important Naming Guidelines for Mississippi LLCs:

• Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.). This clearly identifies your business as an LLC and provides legal protection for your personal assets.
• Names cannot contain words that imply the LLC is affiliated with a government agency, bank, trust, or insurance company unless it is officially authorized to do so.
• Certain words and phrases are restricted, such as: “bank,” “banker,” “bankers,” “banking,” “trust company,” “insurance,” “trust,” “corporation,” “incorporated,” “partnership,” “limited partnership,” or any combination or abbreviation of these terms.
• Your name cannot be identical to or confusingly similar to the name of another existing business entity in Mississippi, including other LLCs, corporations, or trademarks.

We recommend checking out the official Mississippi Code for a more complete list of naming rules to be aware of in this state.

2. Conduct a Business Name Search in Mississippi

To check whether your desired name has already been taken by another business entity in Mississippi, you can perform a business entity search on the State of Mississippi website.

If you’re not going to start your LLC right away, it might be a good idea to consider reserving your name for up to 180 days, with a $25 filing fee.

For more information, you can have a look at our Mississippi LLC Name Search guide.

3. Conduct a Domain Name Search

Next, check online to see if your business name is available as a web domain. Even if you don’t plan to make a business website right away, this is an extremely important step as it will prevent others from acquiring it, potentially saving you both time and money in the long term. 

Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.

FAQ: Naming a Mississippi LLC

Step 2: Choose a Registered Agent in Mississippi

After you find the right name for your LLC, you will need to nominate a Mississippi registered agent. This is a requirement for all LLCs in Mississippi.

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 primary 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 the state of Mississippi. You can choose to elect an individual within the company (e.g., yourself, etc.) or use a business attorney.

FAQ: Nominating a Registered Agent

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 online.

Before filing, make sure you have completed your Certificate of Formation correctly. This will involve filling in the following sections: 

• The legal name of your LLC
• The effective date of the document (if it’s not effective immediately)
• Your business’s email address
• The name and street address of your registered agent
• The date of your LLC dissolution (if specified)
• Your LLC’s NAICS code
• The signature of at least one member, manager, and officer

File the Mississippi LLC Certificate of Formation

File Online With the State of Mississippi

File Online

Filing 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 business to the state of Mississippi, you’ll need to register as a foreign limited liability company (LLC).

Mississippi NAICS Requirement

When filing the Mississippi LLC formation documents, you are required to include your North American Industry Classification System (NAICS) code. The NAICS consists of six-digit codes given to a business depending on the type of trade it engages in.

You can look up the NAICS code for your type of business by using our NAICS Code Lookup Tool.

FAQ: Filing Mississippi LLC Documents

Step 4: Create a Mississippi LLC Operating Agreement

Mississippi LLCs are not required to have an operating agreement, but it’s a good practice to have one.

An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

A comprehensive operating agreement ensures that all LLC owners are on the same page and reduces the risk of future conflict.

You can use the free tool in our Business Center to create a custom operating agreement in minutes — or download our free templates:

• Mississippi Single-Member LLC Operating Agreement
• Mississippi Multi-Member LLC Operating Agreement

FAQ: Creating a Mississippi LLC Operating Agreement

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. Think of an EIN as essentially a Social Security number (SSN) for the company.

Why do I need an EIN? An EIN 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 IRS Employer Identification Number (EIN) is obtained without any filing fees from the government by business owners after forming a 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

Apply Online

– OR –

Option 2: Apply for an EIN by Mail or Fax

Download Form

Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Fax: (855) 641-6935

Fee: Free

FAQ: Getting an EIN

Best LLC Services in Mississippi Compared

For a comprehensive comparison, read our Best LLC Services review. We reviewed and ranked the top LLC formation services to help you determine the best fit for your new business.

Important Next Steps to Protect Your Mississippi LLC

After you’ve formed your LLC, you’ll need to complete key steps in order to:

• Separate your personal and business assets
• Stay compliant with state and federal laws

Get a Business Bank Account & Credit Card

Using a dedicated business banking account and business credit card is essential for personal asset protection.

When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your LLC is sued. In business law, this is referred to as piercing your corporate veil.

You can protect your business with these two steps:

1. Opening a business bank account:

• Separates your personal assets from your company’s assets, which is necessary for personal asset protection.
• Makes accounting and tax filing easier.

2. Getting a business credit card:

• Helps you separate personal and business expenses.
• Builds your company’s credit history, which can be useful to raise capital later on.

Get Insurance

Even though an LLC offers limited liability, you’ll still likely need to purchase some form of business insurance to protect your LLC’s assets. The most common types are:

• General Liability Insurance: A broad insurance policy that protects your business from lawsuits. Most small businesses get general liability insurance.
• Professional Liability Insurance: A business insurance for professional service providers (consultants, accountants, etc.) that covers against claims of malpractice and other business errors.
• Workers’ Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In Mississippi, businesses with one or more employees, including LLC members and corporate officers, are required by law to have workers compensation insurance.

Want to learn exactly what coverage your Mississippi business may need? Read our full Mississippi Business Insurance Guide.

Obtain Business Licenses If Needed

While Mississippi doesn’t require a general state business license, your LLC may need specific licenses or permits based on its industry, location, and activities.

• Local Licenses: Check with your city or county clerk’s office to identify any local licensing requirements, such as zoning permits or health department approvals.
• Federal Licenses: If your business activities are regulated by a federal agency (e.g., selling alcohol, firearms, or operating in transportation), consult the U.S. Small Business Administration’s guide to determine necessary federal licenses or permits.

For a comprehensive overview and step-by-step instructions, refer to our Mississippi Business License Guide.

Pay Mississippi LLC Taxes

Your Mississippi LLC will have several key tax obligations: 

Federal LLC Tax Requirements

As a pass-through entity, profits typically flow to your personal tax return. LLC members pay self-employment tax (15.3%) on their earnings.

Income Taxes

In Mississippi, income tax is levied at a graduated tax rate that is the same for individuals and businesses.

For LLCs with a default tax structure, this will be paid by the business’s members of their distribution of the company’s profits, whereas LLCs organized as corporations will pay it on their entity’s total taxable revenue as a whole.

Both businesses and individuals can make payments and submit their state income tax returns through the Mississippi Taxpayer Access Point (TAP) system at no cost. 

Franchise Tax

LLCs taxed as corporations in Mississippi will be required to pay franchise tax online or by mail to the Mississippi Department of Revenue.

This tax works as a fee to do business in the state. The minimum tax is $25 but this amount will vary depending on the amount you spend doing business in the state. 

Sales and Use Taxes

If you are selling a physical product, you’ll typically need to register for a seller’s permit through the Mississippi Department of Revenue.

This certificate allows a business to collect sales tax on taxable sales.

Sales tax, also called “Sales and Use Tax,” is a tax levied by states, counties, and municipalities on business transactions involving the exchange of certain taxable goods or services.

Read our sales tax guide to find out more.

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 Withholding Tax through the Mississippi Department of Revenue.

Local Taxes 

Some Mississippi cities and counties have their own tax requirements that may affect your LLC. Cities like Tupelo and Jackson each have different rules for residents, non-residents, and businesses.

You can view the full list of country assessors to contact your local authorities about potential tax requirements. 

Most Mississippi LLCs must file their state tax returns by April 15. For help understanding your full tax obligations — and making sure nothing gets missed — check out our full Mississippi LLC Tax Guide.

File Your LLC’s Annual Report

Mississippi requires LLCs to file an annual report with the Secretary of State by May 15 each year. All annual reports must be filed online and include your Business ID number which can be found by doing a business entity search. 

If you do not file your LLC’s annual report, your business may be dissolved by the Secretary of State. 

To stay on top of this deadline and other important compliance tasks, we recommend hiring a professional registered agent service — they can help ensure you never miss a filing.

Mississippi Business Resources

• TRUiC Business Center
• Mississippi Small Business Development Center
• Mississippi Secretary of State Business Services
• Mississippi Small Business Resources