Form an LLC in New Hampshire

Cost to Start an LLC in New Hampshire

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Form a New Hampshire LLC

STEP 1: Name your New Hampshire LLC

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

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.

Find a Domain Now

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After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free

FAQ: Naming an LLC

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. Learn more here.

Watch our 2 minute video: What is an LLC?

Do I need to get a DBA or Trade Name for my business?

Most LLCs do not need a DBA. 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. Learn more here.

STEP 2: Choose a Registered Agent in New Hampshire

You are required to nominate a Registered Agent for your New Hampshire 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' point of contact with the state.

Who can be a Registered Agent? a Registered Agent must be a resident of New Hampshire or a corporation authorized to transact business in New Hampshire. You may elect an individual within the company including yourself.

Learn more about the role of a registered agent and why you should consider hiring a professional service.

TIP

Recommended: Incfile provides the first year of registered agent service free with LLC formation ($49 + State Fees)

FAQ: Nominating a Registered Agent

Can I be my own Registered Agent?

Yes. You or anyone else in your company can serve as the registered agent for your LLC. Learn more here.

Is a Registered Agent service worth it?

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. Learn more here.

STEP 3: File the New Hampshire Certificate of Formation

To register your LLC, you will need to file the Certificate of Formation with the State of New Hampshire. This can be done by mail.

When filing, you will need to state whether your LLC will be member-managed or manager-managed. If you indicate that your LLC is manager-managed on the Certificate of Formation, a manager must sign the Certificate of Formation.

We recommend learning more about LLC management options before you file. 

File the Certificate of Formation

File the Certificate of Formation by Mail

Download Form


Fee: $100, payable to the "State of New Hampshire."

Mail to:

Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301

 

If you’re expanding your existing LLC to the State of New Hampshire, you will need to form a Foreign LLC.

FAQ: Filing LLC Documents

What is the processing time to form my New Hampshire LLC?

7 to 10 business days by mail.

What is the difference between a domestic New Hampshire LLC and foreign LLC?

An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state. If you are filing as a Foreign New Hampshire LLC learn more here.

STEP 4: Create an Operating Agreement

LLCs are not required to have an operating agreement in New Hampshire, 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 New Hampshire LLC operating agreement guide.

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Recommended: Use our free Operating Agreement Tool to draft a customized operating agreement for your LLC.

FAQ: Creating an Operating Agreement

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.

STEP 5: Get an EIN

What is an EIN? The Employer Identification Number (EIN), or Federal Tax Identification Number, is used to identify a business entity. It is essentially a social security number 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 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.

NOTE

FOR INTERNATIONAL APPLICANTS: you do not need an SSN to obtain 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

How do I get an EIN if I don’t have a social security number?

An SSN 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 here.

What tax structure should I choose for my 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 S corporation status. We recommend consulting with a local accountant to find out which option is best for you.

Considering Using an LLC Formation Service?

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Protect Your Business & Personal Assets

Get a Business Bank Account & Credit Card

Using dedicated business banking and credit accounts 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.
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Recommended: Get $200 when you open a business checking account with Chase. Learn more.

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

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 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 New Hampshire, businesses with one or more employees, including LLC members and corporate officers, are required by law to have workers' compensation insurance. Get a free quote with ADP.
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How much will the right insurance cost you? Click here to find out.

Properly Sign Legal Documents

Improperly signing a document as yourself and not as a representative of the business can leave you open to personal liability. When signing legal documents on behalf of your company, you could follow this formula to avoid problems:

  1. Formal name of your business
  2. Your signature
  3. Your name
  4. Your position in the business as its authorized representative

See the image below for an example.

This ensures that you are signing on behalf of your LLC and not as yourself.

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Learn more on how to protect your business & personal assets by reading our article - How to Maintain your LLC Corporate Veil.

Keep Your Company Compliant

New Hampshire 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:

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Recommended: If you are a first-time entrepreneur, consider having a professional service research your business’ licensing requirements. Our friends at Startup Savant have reviewed and ranked the top five license research services.

New Hampshire LLC Tax Requirements

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

Sales Tax

New Hampshire is one of five states that does not impose a sales tax.

Employer Taxes

If you have employees in New Hampshire, you will have to register for Unemployment Insurance Tax on the New Hampshire State website.

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Register for New Hampshire State Taxes

Unemployment Insurance Tax

FAQ: Additional Taxes

What is the New Hampshire Business Profits Tax?

There is a Business Profits Tax for each LLC formed in New Hampshire which varies depending upon your LLC’s income, learn more here.

Federal LLC Tax Requirements

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

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Read our LLC Tax Guide to learn more about federal income taxes for LLCs.

Business Profits Tax

Most states classify LLCs as pass-through entities not subject to business income taxation. LLC members directly receive their share of the company’s profits, and then pay state income tax on their individual earnings.

New Hampshire, however, does not require LLC members to pay income tax on their income from their company’s revenue. Instead, New Hampshire levies a flat 8.2% tax on LLCs with gross receipts over $50,000. This tax is due on the 15th day of the third month following the close of the tax year.

File a Business Profits Tax Report With The State of New Hampshire

OPTION 1: File Online with the State of New Hampshire

File Online


OR


OPTION 2: File by Mail

Download Form


Fee: Free

Mail to:

NH Dept of Revenue Administration
Document Processing Division
PO Box 637
Concord, NH 03302

Single member LLCs, despite not filing a separate federal tax return,  are required to file the New Hampshire tax return using the Department Identification Number(DIN) 

FAQ: New Hampshire Business Profits Tax

How is the New Hampshire Business Profits Tax assessed?

Organizations with gross receipts in New Hampshire totaling $50,000 or more are assessed a 7.9% Business Profits Tax.

New Hampshire Business Enterprise Tax

File Your Business Enterprise Tax with New Hampshire

OPTION 1: File Online with the State of New Hampshire

File Online


OR


OPTION 2: File by Mail

Download Form


Fee: Free

Tax Calculation: The Business Enterprise Tax is based upon the earnings of your company. Most companies will need to work with an accountant to determine the exact amount they will have to pay. For more information on the exact tax calculation, read New Hampshire's Department of Revenue Website.

Late Filings: New Hampshire charges a $50 for late filings. After 2 years, New Hampshire dissolves LLCs that have not filed an annual report. LLCs cannot file a new annual report if the prior year’s report was not filed.

FAQ: New Hampshire Business Enterprise Tax

How is the the New Hampshire Business Enterprise Tax Calculated?

Enterprises with gross receipts of more than $208,000 or an enterprise value tax base of more than $104,000 are assessed a 0.675% Business Enterprise Tax on the enterprise value tax base.

This is made up of all compensation paid or accrued, interest paid or accrued, and dividends paid by the business enterprise, after special adjustments and apportionment.

File Your LLC Annual Report

New Hampshire requires LLCs file an annual report with the Secretary of State.

File your Annual Report

File Online with the State of New Hampshire

File Online


Fee: $100 (Nonrefundable)

Due Date: Due by April 1 each year

Late Filings: New Hampshire charges a $50 penalty if you miss the April 1st filing deadline. After 2 years, New Hampshire dissolves LLCs that have not filed an annual report. LLCs cannot file a new annual report if the prior year’s report was not filed.

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.

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Recommended: Incfile offers a reliable registered agent service and excellent customer support.

Get Help Starting a Business in New Hampshire

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 New Hampshire. You can get free assistance in the following areas:

Concord | Laconia | Lebanon | Manchester

Make Running Your Business Easier

After starting a business, two of the most important things you can do are get professional accounting and hire the right employees. Streamlining these processes can save you time and money as your business grows.

Hiring Employees

If you plan to hire employees, stay compliant with the law by following these steps:

Find out more information from the New Hampshire Employee Security website.

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Recommended: A payroll service saves you time and makes it easier to follow these requirements.

Gusto has a great payroll service for small businesses

FAQ: Hiring Employees

What is the minimum wage in New Hampshire?

The minimum wage in New Hampshire is $7.25 per hour.

How often do I need to pay employees?

New Hampshire requires wages to be paid weekly unless a request to pay less frequently is approved by the New Hampshire Department of Labor.

Accounting For Your LLC

It’s critical to get your books in order-- even if you haven’t officially opened for business. A well-managed accounting system will help you:

  • Track your business finances, including bills, expenses, and income.
  • Simplify your annual tax filings.

The right software makes accounting easy. Look for software that:

  • Syncs with your bank automatically.
  • Matches transactions to invoices, bills and purchase orders.
  • Can be accessed from your phone.
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Recommended: Consider hiring a reliable service to help simplify your bookkeeping, accounting, and tax filing. We recommend two accounting services:

Get Help Starting a Business in New Hampshire

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 New Hampshire. You can get free assistance in the following areas:

Concord | Laconia | Lebanon | Manchester

More Information

Foreign LLCs

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 New Hampshire, you will need to register as a foreign LLC. This can be done online or by mail.

Register as a Foreign LLC in New Hampshire

OPTION 1: File Online with the State of New Hampshire

File Online


OR


OPTION 2: File by Mail

Download Form


Fee: $100 payable to the Secretary of State (Nonrefundable)

Mail to:

Corporation Division, NH Dept. of State
107 N Main St
Rm 204
Concord, NH 03301

 

How to Obtain a Certificate of Good Standing

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

To Order a Certificate of Good Standing in New Hampshire, create an account with the Secretary of State's website to file online. Alternatively, you can order online, by mail, or in-person.

Order a Certificate of Good Standing

OPTION 1: Request a Certificate of Good Standing Online

Request Online


OR


OPTION 2: Request by Mail or In-Person

Download Form


Fee: $7 online, $5 by mail or in-person, payable to the Secretary of State (Nonrefundable)

Mail to:

NH DRA
109 Pleasant Street
PO Box 637
Concord, NH 03302

Instructions: If filing by mail or in-person, make sure to check the box for "Statement of Good Standing" in the Step 2 Request Type section.

Dissolve Your New Hampshire LLC

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 New Hampshire LLC Dissolution Guide.

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