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There are many reasons to form an LLC in Iowa. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
Check if your LLC name is available in Iowa
Choose a registered agent for your LLC
Sit back and let us take care of the paperwork for you
The time has come for your side hustle to become a full-fledged Iowa LLC, so you can enjoy the protection and tax benefits. Forming an LLC, or limited liability company, can help in protecting your assets from business creditors and lawsuits. You also get better tax treatment and are taken more seriously by lenders and regulatory bodies for things like loans and permits that help you grow your business and operate legally.
One of the attractive qualities of an Iowa LLC is the fact it’s easier to maintain. You’re required to file a biennial report with the Iowa Secretary of State’s office to verify operating information and maintain good standing for the LLC, but aside from tax paperwork, there’s little in the way of state requirements for operating an LLC in the state.
The state of Iowa gives LLCs the benefits of flow-through taxation, limited liability protection, and flexible profit distribution. It also offers financial assistance to small and medium-sized businesses through a program known as the Economic Development Set Aside (ESDA) to encourage job creation in the state.
Forming an Iowa LLC is straightforward, and the state makes it easy for you to submit your certificate of organization online. In fact, the state encourages you to file online, and most forms have a simplified format. However, you still have to go through the following steps to properly form your LLC and ensure that the Iowa Secretary of State’s office accepts your certificate as valid:
Each step is discussed in more detail below.
Iowa has one requirement for naming an LLC, which is that the name has to contain a variation of the words or abbreviation of “limited liability company.” That means you can use “LLC”, “L.L.C.”, “Limited Liability Co.”, and variations thereof in your business name. No other words are expressly prohibited for use in the naming of an LLC, but it’s wisest to err on the side of caution and not use the names or initials of government agencies in the name of the LLC.
Once you’ve settled on a name for your business, check the state’s business entity database to ensure the name isn’t already in use. You can’t use the name of an existing business entity, which means you’ll have to change the name of your business if you wind up matching it with an existing name.
The registered agent is someone who can accept mail and documents for service of process along with communication from the state during business hours. They also help keep your business in compliance with the biennial report requirement and any other annual reports or filings needed to keep the business in good standing.
You or a friend or family member can be a registered agent for your LLC, or you can hire Tailor Brands to be your registered agent. To qualify as a registered agent, you have to be available during normal business hours (9 a.m. to 5 p.m.) at the address you list. The listed address has to be located in Iowa, no matter which option you choose.
Something to consider when looking at yourself or a family member/friend to be your registered agent is privacy. The name and address of the registered agent are a matter of public record. Using our registered agent services allows you to maintain privacy by protecting your personal contact information and using our commercial address instead.
The state of Iowa does not provide a form for filing a certificate of organization for an LLC. You’ll have to write your own or have a lawyer draw one up for you. More information is provided below, underneath the requirements. Alternatively, you can make an account in the FastTrack system and navigate to the business filings page.
After you’ve created a FastTrack account, navigate to the “file a document” menu, and then select “Form an Iowa Limited Liability Company.” Once you’re on the page to form an LLC, you’ll enter all the relevant information, along with setting an expiration date for the company or selecting perpetual to prevent the state from dissolving the LLC.
Upload your completed certificate of organization in PDF format when prompted, and then click on review and pay. Look over the information you submitted, and make corrections with the “back to form” button. Once you’re finished, click “setup payment method,” enter your payment information, and then click to submit your filing.
When you file your LLC online during business hours, you’ll get same-day approval for your LLC. If you file after business hours, your LLC filing will begin a review on the next business day. In contrast, it takes up to four weeks for the state to process your certificate of organization when submitted by mail.
The fee to file a certificate of organization is $50. Other fees associated with operating an LLC in Iowa include:
Filing for an Iowa LLC is a very simple and straightforward process. Section 489.201 of the Iowa Code covers the formation of an Iowa LLC in detail. The information required for your certificate of organization is as follows:
Now that you’ve created your certificate of organization, you can file it online or via mail. Filing online involves using the FastTrack web form, scanning your certificate into a PDF, and then uploading and paying the $50 fee with a credit card. Alternatively, you can mail in the certificate of organization with a check for $50 that’s made out to the Secretary of State. You can also pay the fee by credit card by using the Credit Card Payment Authorization Form. Once you’ve completed all the paperwork, mail it to:
Secretary of State
Business Services Division
Lucas Building, 1st Floor
Des Moines, IA, 50319
An operating agreement is a document that outlines member responsibilities and duties. It covers the handling of finances, establishes who’s responsible for making operating decisions, lays out rules, and codifies any other duties that need to be done as part of the LLC’s operation.
The operating agreement becomes binding once all members of the LLC sign their names. That is, if a member fails to perform their duties as outlined in the operating agreement or disagrees with other members at some point in the future, the operating agreement can be used to hold the member responsible. The operating agreement is a contract that’s enforceable in court if need be.
The state of Iowa does not require LLCs to create and maintain an operating agreement. However, it’s a good idea to have one, since it can be referred to in case there’s a disagreement among the members as to ownership and their responsibilities, prevents financial peccadilloes, and provides operating rules for all members to abide by. It also makes verbal agreements clear and concise, and avoids a “he said, she said” situation in the future.
If you’re not sure about what you need to put into an operating agreement, contact a lawyer for help with drawing one up. A lawyer can help you create an operating agreement that clearly outlines the responsibilities and duties of the members and apportion shares of ownership.
However, it’s recommended to include items such as:
Now that you’ve got your LLC formed, you’ll need to apply for an Employer Identification Number (EIN) with the IRS. An EIN enables you to file tax returns, remit payments for the taxes associated with your business, and create 1099s for contractors. It also aids in the opening of business bank accounts, getting business licenses, and filing tax returns through the mail. You can file for an EIN through the IRS website, or you can have Tailor Brands do it on your behalf.
To apply for an EIN, you have to be the responsible party for the business, as the IRS assigns you ownership of the EIN. And before you apply for your EIN, you need to have all the corporate information ready, as the IRS doesn’t allow you to save and resume later. The form times out after 15 minutes of inactivity and makes you start over again. It’s also not a good idea to submit the form without the relevant information, as the IRS will request the missing information from you, ultimately delaying the issue of your EIN.
Are you unsure about filing for your EIN on your own? Let Tailor Brands take care of getting your EIN for your LLC, so you have one less thing to worry about.
This step-by-step guide details the steps you need to name your Iowa LLC properly by searching if it is unique.
There are different costs to form an LLC in Iowa and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in Iowa – learn more about it.
This post details which licenses and permits your Iowa LLC may require and how to obtain them.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
For more reviews from our customers, visit our reviews page.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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