How to Start an LLC in Nebraska

Starting an LLC in Nebraska is Easy

To form a Nebraska LLC you'll need to file your Certificate of Organization with the Nebraska Secretary of State, which costs $100. You can apply online. The Certificate of Organization is the legal document that officially creates your Nebraska Limited Liability Company. 

Follow our step-by-step How to Start an LLC in Nebraska guide to get started today. You can learn more about LLCs and their benefits in our What is an LLC guide. To learn how to form an LLC in Spanish, read our Cómo crear una LLC en Nebraska guide.

For more information on how to form an LLC in any state, visit our How to Set Up an LLC guide.

STEP 1: Name your Nebraska LLC

Choosing a company name is the first and most important step of starting an LLC in Nebraska. Be sure to choose a name that complies with Nebraska naming requirements 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. Is the name available in Nebraska? Make sure the name you want isn't already taken by doing a name search on the State of Nebraska website.

To learn more about searching for a Nebraska LLC name, read our full guide.

3. Is the URL available? 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.

Now that you have verified your name and secured the URL you may select a professional service to complete the LLC formation process for you. We recommend using one of these professional services:

• Northwest ($29 + State Fees)
• LegalZoom ($79 + State Fees)

STEP 2: Choose a Nebraska Registered Agent

You are required to nominate a Nebraska registered agent for your LLC. Nebraska sometimes refers to registered agents as agents for service of process.

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? A registered agent must be a resident of Nebraska or a corporation, such as a registered agent service, authorized to transact business in Nebraska. You may elect an individual within the company including yourself.

Recommended: Northwest provides the first year of registered agent service free with LLC formation ($29 + State Fees)

STEP 3: File the Nebraska LLC Certificate of Organization

To register your Nebraska LLC, you'll need to file a Certificate of Organization with the Nebraska Secretary of State. You can use the Certificate of Organization form to either upload to the state’s Corporate Document eDelivery or submit by mail.

Now is a good time to determine whether your LLC will be member-managed vs. manager-managed.

For help with completing the form, visit our Nebraska Certificate of Organization guide.

If you’re expanding your existing LLC to the state of Nebraska, you will need to form a Foreign LLC.

STEP 4: Complete Nebraska LLC Publication Requirements

What are the Nebraska LLC publication requirements? Nebraska requires LLCs to publish a Notice of Organization for three consecutive weeks in a newspaper of general circulation in the county in which an LLC’s principal office is located.

What does my Notice of Organization need to include? The Notice of Organization must include the name of the LLC, the street address of the designated office, and the nature of the LLC’s business. 

What do I need to file with the Secretary of State? After you have published your Notice of Organization for three consecutive weeks, you will receive an affidavit of publication from the newspaper that you can file with the Secretary of State.

STEP 5: Create a Nebraska LLC Operating Agreement

An operating agreement is not required in Nebraska, 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 business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our Nebraska LLC operating agreement guide.

STEP 6: Get an EIN

What is an EIN? EIN stands for Employer Identification Number. EINs are a nine-digit number assigned by the Internal Revenue Service (IRS) to help identify businesses for tax purposes. It is essentially a Social Security Number for a business.

An EIN is sometimes referred to as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN).

Why do I need an EIN? An EIN is required to:

• Open a business bank account
• File and manage Federal and State Taxes
• Hire employees

What if I already have an EIN for my sole proprietorship? The IRS requires that sole proprietorships get a new EIN when converting to an LLC.

Where do I get an EIN? You can get an EIN for free from the IRS. Getting an EIN is an easy process that can be done online or by mail.

FOR INTERNATIONAL EIN APPLICANTS: You do not need a SSN to get an EIN. For more information, read our How to Get an EIN as a Foreign Person guide.

Frequently Asked Questions

Important Steps After Forming an LLC

Separate Your Personal and Business Assets

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

You can start protecting your LLC in Nebraska with these steps:

1. Opening a business checking account:

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

Need help finding your EIN for your bank application? Visit our EIN Lookup guide for help.

Recommended: Read our Best Banks for Small Business review to find the best national bank, credit union, business-loan friendly banks, one with many brick-and-mortar locations, and more.

2. Getting a business credit card:

• Helps categorize and separate all business expenses for end-of-year tax purposes.
• Helps build your business credit score — an essential step toward getting a line of credit or business loan in the future. 
• Allows you to keep track of department expenses by issuing multiple cards (with multiple budgets) to your employees.

For a closer look at business credit cards and their benefits, check out our review of the best small business credit cards.

3. Hiring a business accountant:

• Prevents your business from overpaying on taxes while helping you avoid penalties, fines, and other costly tax errors
• Makes bookkeeping and payroll easier, leaving you with more time to focus on your growing business 
• Manages your business funding more effectively, discovering areas of unforeseen loss or extra profit

Recommended: Find out how much you could be saving today by trying our recommended accounting service.

For more business accounting tools, read our guide to the best business accounting software.

Get Business Insurance for Your Nebraska LLC

Business insurance helps you manage risks and focus on growing your business. The most common types of business insurance 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 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 Nebraska, businesses with one or more employees, including LLC members and corporate officers, are required by law to have workers' compensation insurance.

Read our review of the best small business insurance companies.

Create Your Business Website

Creating a website is an important step in legitimizing your business. Every business needs a website if you want your customers to find you.

Send Out a Press Release

Press releases are among the easiest and best ways to promote your business. They are also one of the most cost-effective strategies as they:

• Provides publicity
• Establish your brand presence on the web
• Improve your website’s search engine optimization (SEO), driving more customers to your website
• Are a one-time cost in terms of effort and money
• Have long-lasting benefits

Keep Your Company Compliant

Nebraska LLC Business Permits and Licenses

Do I need business licenses and permits?

To operate your LLC you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.

The details of business licenses and permits vary from state to state. Make sure you read carefully. Don't be surprised if there are short classes required as well.

Fees for business licenses and permits will vary depending on what sort of license you are seeking to obtain.

Find out how to obtain necessary licenses and permits for your business or have a professional service do it for you:

• Business License Guide: Use our detailed Nebraska Business License guide.
• Federal: Use the U.S. Small Business Administration (SBA) guide.
• State: Visit the section of Nebraska's official website labeled Business Licensing.
• Local: Contact your local county clerk and ask about local licenses and permits.

Nebraska LLC Tax Filing Requirements

Depending on the nature of your business, you may be required to register for one or more forms of state tax.

Nebraska Sales Tax

If you are selling a physical product, you’ll typically need to register for a seller's permit through the Nebraska Tax Center website.

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 Nebraska sales tax guide to find out more.

Nebraska Employer Taxes

If you have employees in Nebraska, you will need to register for Unemployment Insurance Tax through the Nebraska Department of Labor website. You will also need to sign up for Employee Withholding Tax through the Nebraska Department of Revenue.

Federal LLC Tax Filing Requirements

Most LLCs will need to report their income to the IRS each year using:

• Form 1065 Partnership Return (most multi-member LLCs use this form)
• Form 1040 Schedule C (most single-member LLCs use this form)

How you pay yourself as an owner will also affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.

File Your Nebraska LLC Biennial Report

Nebraska requires LLCs file a biennial report with the Secretary of State. During those years when these reports are due, you will receive a paper form in the mail. You can complete the mail filing or file your biennial report online.

Avoid Automatic Dissolution

LLCs may face fines and even automatic dissolution when they miss one or more state filings. When this happens, LLC owners risk loss of limited liability protection. A quality registered agent service can help prevent this outcome by notifying you of upcoming filing deadlines and by submitting reports on your behalf.

Hiring Employees in Nebraska

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 Nebraska's Department of Labor.

Small Business Resources

Get Help Starting a Business in Nebraska

We understand that creating an LLC and getting your business up and running comes with many challenges. To help you succeed, we compiled the best local resources in every major metro area in Nebraska. You can get free assistance in the following areas:

Kearney | Lincoln | Omaha

State of Nebraska Quick Links

• Nebraska Secretary of State Business Services
• SBA's Small Business Resource for Nebraska
• Nebraska LLC Statutes
• Understanding Nebraska LLC Laws
• Nebraska LLC Biennial Report
• Best Registered Agent Service in Nebraska

More Nebraska LLC Information

Register as a Foreign LLC in Nebraska

Forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in Nebraska, you will need to register as a foreign LLC. This can be done by mail.

How to Obtain a Certificate of Good Standing in Nebraska

A Certificate of Good Standing verifies that your LLC was legally formed and has been properly maintained. Several instances where you might need to get one include:

• Seeking funding from banks or other lenders
• Forming your business as a foreign LLC in another state
• Obtaining or renewing specific business licenses or permits

You can order a Nebraska LLC Certificate of Good Standing online.

How to Dissolve an LLC in Nebraska

If at any point in the future you no longer wish to conduct business with your LLC, it is important to officially dissolve it. Failure to do so in a timely fashion can result in tax liabilities and penalties, or even legal trouble. To dissolve your LLC, there are two broad steps:

• Close your business tax accounts
• File the Articles of Dissolution

When you are ready to dissolve your LLC, follow the steps in our Nebraska LLC Dissolution Guide.