Last Updated: June 7, 2024, 10:28 am by TRUiC Team

How to Start an LLC in Mississippi (2024 Guide)

Wondering how to start an LLC in Mississippi? We’ve got you covered.

To get started, you'll need to pick a suitable business name, choose a registered agent, and file your Certificate of Formation with the Mississippi Secretary of State ($50 processing fee). 

You can do this independently, consult with a business attorney for specialized legal guidance, or join the other 65% of our readers and hire a specialized Mississippi LLC formation service (recommended).

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Northwest ($29 + State Fees)

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LegalZoom ($249 + State Fees)

Cost to Start an LLC in Mississippi

How to Form an LLC in Mississippi in 6 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
  6. File a Beneficial Ownership Information Report

Step 1: Name Your Mississippi LLC

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

This will need to comply with all applicable naming requirements under Mississippi law and be both succinct and memorable, as this will make it easily searchable by your potential clients.

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. Is the name available in Mississippi?

To check whether your desired name has already been taken by another business entity in Mississippi, you can perform a business name 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 120 days. ($25 filing fee)

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

3. Is the URL available?

You should 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. 

Find a Domain Now

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

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If you need additional information before getting started, you can have a look at our in-depth comparison of the Best LLC Services in 2024 instead.

FAQ: Naming a Mississippi LLC

LLC is short for “limited liability company.” It is a simple business structure that offers more flexibility than a traditional corporation while still providing legal protection for your personal assets. Read our What is a Limited Liability Company guide for more information.

Or, watch our two-minute video: What is an 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.

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.

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 necessary step in your Certificate of Formation (i.e., the document used to file and register your LLC with the Secretary of State).

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. You can 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.

Get Free Registered Agent Services

Form an LLC with Northwest Registered Agent to get one year of registered agent services free of charge.

FAQ: Nominating a Registered Agent

Yes. You can choose to act as your own registered agent, appoint a member of your LLC, work with a business attorney, or hire a professional registered agent service (recommended). 

Read more about being your own registered agent.

Using a professional registered agent service is an affordable way to manage government filings for your 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.

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. You can do this online, by mail, or by fax.

You'll also need to know your NAICS code number (Mississippi requires it).

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)
  • 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.

Note: 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 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.

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

FAQ: Filing Mississippi LLC Documents

The Mississippi Secretary of State typically processes online business filings in one to two business days and emphasizes that paper filings typically take much longer, often between five to seven business days.

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.

At a minimum, it will cost $50 to start an LLC in Mississippi, though this figure can easily increase if you decide to reserve a name for your business or hire a professional registered agent service. Additionally, some areas in Mississippi may have certain business licensing or publication requirements, which can further up this cost.

To learn more, read our guide on the cost to form a Mississippi LLC.

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.

FAQ: Creating a Mississippi LLC Operating Agreement

No. The operating agreement is an internal document that you should keep on file for future reference. However, many other states do legally require LLCs to have an operating agreement in place.

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 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

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.

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.

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.

Step 6: File a Beneficial Ownership Information Report

Beginning January 2024, LLC owners will need to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN). Existing LLCs can file their report any time between January 1, 2024, and January 1, 2025, while new LLCs must file their report within 90 days of formation

This contains similar information to that of your Articles of Organization, such as your LLC name and member information, and can be filed online for free. Failure to file an accurate report on time can result in a $500 per day fine.

Note: There are certain filing exemptions, such as for large companies (i.e., more than 20 full-time employees), tax-exempt entities, and publicly traded companies. 

Considering Using an LLC Formation Service?

We reviewed and ranked the top LLC formation services. Find out which is best for you.


Maintain Your Mississippi LLC

After you’ve successfully formed your LLC, there are a couple of steps you’ll need to periodically take in order to maintain it, including:

  • Filing an annual report
  • Sorting out your taxes

We’ve broken down how to complete each of these steps in greater detail below.

File the Annual Report

Mississippi requires LLCs to file annual reports with the Secretary of State by April 15 each year. The primary purpose of this is to ensure that businesses remain in compliance with state laws and regulations, as well as provide the Secretary of State with updated information about your LLC, such as:

  • Registered agent information
  • Principal place of business
  • Names and addresses of managers or members
  • Changes in ownership or structure

The preferred method for filing for this report is online through the Mississippi Business Services portal. However, you are also able to download and print the annual report form from the Secretary of State’s website and submit it by mail. Both methods are free to file.

Note: You’ll need to know your LLC’s Business ID number in order to submit your annual report. You can find this number by searching for your business entity on the Mississippi Secretary of State website.

Sort Out Your Taxes

Regardless of where your LLC is registered, you will be required to pay certain federal taxes. This includes corporation and employer taxes (for LLCs filing as a C corporation) and federal income tax and self-employment taxes (for LLCs taxed as pass-through entities).

In addition, there are a number of different taxes you’ll be required to pay at a local and state level, which can vary depending on the nature of your business.

Below are some of the most common taxes in Mississippi:

Income Taxes

In Mississippi, income tax is levied at a graduated tax rate that is the same for individuals and businesses. In 2023, this graduated income tax is levied at a rate of 5% on all taxable income in excess of $10,000. However, this rate is planned to decrease to 4.70%, 4.40%, and finally 4.00% by the tax year of 2026.

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.

Note: 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 for the privilege of doing business in the state. This is not a tax on income but rather a fee for the right to operate within Mississippi that’s levied at a rate of $1.25 for every $1,000 over the first $100,000 you spend doing business in the state. There is also a minimum tax of $25.

This tax is payable by mail or online through the Mississippi Department of Revenue's TAP system and is due on April 15th of each year. However, you can file an extension until October 15 without any penalties or interest.

Note: Your business will be required to file a franchise tax return as long as it remains incorporated, regardless of whether it’s inactive or doesn’t have any Mississippi assets. 

Sales and Use Taxes

Mississippi's statewide sales tax is imposed at a rate of 7% on the sale of any tangible goods as well as certain specific services. Only two cities in the state – Tupelo and Jackson – impose additional local sales taxes, which are set at rates of 0.25% and 1.00%, respectively.

While it’s ultimately your customers who will be paying this tax, it’s your business’s responsibility to collect it on all taxable sales and remit it to the Mississippi Department of Revenue.

Note: If you are selling a physical product, you’ll typically need to register for a seller's permit through the Mississippi Taxpayer Access Point.

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Steps After LLC Formation

After forming your LLC, you will need to get a business bank account and website, sort all required business licensing, and get business insurance, among other things. 

Visit our After Forming an LLC guide to learn more.

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