The work follows the same broad shape in every state. Choose a name the state will accept. Name a registered agent with an address for service. File the formation document with the state's filing office and pay its fee. Get the EIN. Put an operating agreement in writing. Then keep the company in good standing with whatever recurring filings the state requires. What changes at each state line is who receives the filing, what the form asks for, what it costs and what comes due later. The only reliable fee is the one on that state's published fee schedule.
One federal filing that used to appear on every formation checklist no longer applies to most new owners. FinCEN's beneficial ownership information page states that companies formed in the United States are exempt from BOI reporting.
A formation service sells convenience, reminders and a registered agent address. It does not sell access. No step in the process requires one.
###
###
Fees, deadlines and requirements at a glance
| Item | What applies | Official source |
|---|---|---|
| EIN from the IRS | $0 (free) | IRS, Get an Employer Identification Number |
| Paying a third party for an EIN | Never necessary. The IRS says not to pay | IRS, Get an Employer Identification Number |
| Order of filings | Form the LLC with the state first, then apply for the EIN | IRS, Get an Employer Identification Number |
| Federal BOI report | US-formed companies are exempt | FinCEN, Beneficial Ownership Information Reporting |
| New York LLC Transparency Act | Applies only to LLCs formed under the law of a foreign country | New York Department of State |
| State formation filing fee | Varies by state. Not stated here | That state's filing office fee schedule |
| Name reservation | Optional in many states. Rules and fees vary | That state's filing office |
| Recurring state reports and fees | Vary by state, including frequency and due date | That state's filing office |
Filing it yourself, step by step
1. Pick a name the state will accept. Every state requires a designator that identifies the business as a limited liability company, and each state publishes the exact forms it allows. States also restrict certain words, commonly those suggesting banking, insurance or a licensed profession, unless a licence or regulator's approval stands behind them. Search the state's business name database before filing. A rejected name is the most common reason a self-filed application comes back. Some states let owners reserve a name ahead of time, and the reservation rules differ from state to state.
2. Name a registered agent. The registered agent is the person or company that accepts legal papers on the LLC's behalf at a physical address in the state. An owner who lives in the state can usually serve as their own agent. The tradeoff is that the address becomes part of the public record and someone has to be there to receive service. An owner forming in a state where they do not live needs an agent in that state.
3. File the formation document. The U.S. Small Business Administration's guide to registering a business treats this state filing as the step that establishes the LLC as a legal entity. In most states the filing goes to the Secretary of State. A handful route business filings through a separate division or add a county step, so confirm the right office before submitting. Most offices accept online filings. The fee is whatever the office's published schedule says on the day of filing. Keep the approved document, because banks and the IRS process both depend on it.
4. Get the EIN from the IRS. Only after the state approves the LLC, apply for the EIN through the IRS's own EIN page, which offers an online application. The IRS charges nothing. Search results often show paid "EIN filing" sites above the IRS. These sites submit the same application for a fee, and the IRS advises against paying them.
5. Write an operating agreement. Whether a state requires one varies, and most states do not ask to see it. A written agreement still does real work. It records who owns what share, how decisions get made, and what happens if a member leaves or dies. A single-member LLC benefits from one as much as a multi-member LLC does, because it documents that the business is separate from its owner.
6. Keep the LLC in good standing. Many states require a periodic report and fee to keep the LLC active, and the schedule differs by state. Missing these filings can cost the company its good standing, so put the due date on a calendar the day the formation is approved.
Doing it yourself versus paying a service
Filing independently costs the state fee and nothing more, since the EIN is free. The time involved is mostly reading the state's instructions and filling in one form online. For an owner forming in their home state and willing to serve as their own registered agent, a service adds little that cannot be done in an afternoon.
A service earns its fee in narrower situations. The first is the registered agent. An owner forming out of state, or one who wants their home address off the public record, has to pay someone for that role either way. The second is compliance reminders for recurring state reports, which some owners genuinely forget. The third is error checking, since a service reviews the name and form before submission and can catch a conflict that would otherwise trigger a rejection and a refiling.
ZenBusiness is one example of how this is priced. Its Starter plan is $0 plus the state fee, Pro is $199 per year and Premium is $299 per year. Registered agent service is a separate $199 per year on every tier, Premium included, discounted to $99 for the first year when forming through ZenBusiness. Owners who decide the registered agent and reminders are worth paying for can compare ZenBusiness's formation plans. This site earns a commission on some links, including that one. The commission does not change the conclusion that filing independently is fully workable for most owners.
Whatever route is chosen, never pay a service to obtain the EIN. It is free from the IRS.
FAQ
Do I need to register my LLC with the state, write an operating agreement, and get an EIN?
Registering with the state is what creates the LLC, so that step is required everywhere, and the U.S. Small Business Administration's business registration guide places it first. The EIN comes from the IRS for free, after the state filing is approved. Whether an operating agreement is legally required varies by state, but having one in writing is sound practice either way.
How do I apply for an EIN for my LLC online through the official IRS site?
Use the application on the IRS's "Get an Employer Identification Number" page, and apply only after the state has approved the LLC. The IRS charges $0. Sites that charge a fee are third parties, not the IRS.
Does my LLC have to file a beneficial ownership information report in 2026?
Not if it was formed in the United States. FinCEN's BOI page states that US-formed companies are exempt. New York has its own LLC Transparency Act, and the New York Department of State's guidance on it confirms that it likewise applies only to LLCs formed under the law of a foreign country.
How much does it cost to file an LLC yourself?
The state filing fee, which varies by state and is listed on that state's published fee schedule. The EIN adds nothing.
Sources
- Internal Revenue Service, “Get an employer identification number”
- Financial Crimes Enforcement Network, “Beneficial Ownership Information Reporting”
- U.S. Small Business Administration, “Launch your business”
- New York State Department of State, Division of Corporations, “Beneficial Ownership Disclosure”
This is general information, not legal advice, and LLC requirements vary by state and change over time.