How to Start an LLC in Nebraska: If you’re interested in setting up a Nebraska LLC, you’ve come to the right place. Having an LLC not only protects your personal assets but also is less complicated than other business structures. Nebraska laws make it easy to establish your LLC in Nebraska. On this page, You’ll find all the steps that must be taken to ensure that your Nebraska LLC has been correctly established. We recommend you read the whole article very carefully word by word, don’t miss anything 🙂
On this page, you’ll learn about the following:
- How to Start an LLC in Nebraska
- After Starting Your Nebraska LLC
- Nebraska Foreign LLC
- Nebraska LLC Formation Review
How to Start an LLC in Nebraska
An LLC or a Limited Liability Company is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection.
If you wish to start an LLC in Nebraska, mainly you have to file your Certificate of Formation with the State and pay a filing fee of $100. There are some more steps to follow to get your LLC established in Nebraska. The following steps explain everything you need to create your LLC in Nebraska in 2022. Let’s get started!
Step 1: Decide a Name for Your Nebraska LLC
The very first step while forming an LLC in Nebraska is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.
Nebraska LLC Naming Guidelines
There are a few specific requirements all the LLCs in Nebraska have to follow while naming their Company. Some of the most important requirements are as follows:
- Your business name should be available and no other existing business in Nebraska can have the same name. Perform a name search from the below-mentioned source to be sure your name isn’t taken already.
- “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
- You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
- Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by Nebraska State Government are fulfilled.
- (Optional) It’s better to name your business something for which your desired domain is available.
|Important Links –||Submit Offline Form to –|
|Nebraska Business Entity Search – Online Name Search|
Name Reservation Form – PDF
Name Availability Standards – Guidelines
Nebraska LLC Name Search Guide – Instructions
|Secretary of State|
P.O. Box 94608
Lincoln, Nebraska 68509-4608
Reserve Business Name for Future
If you do not wish to file your LLC right now but want to hold the name you have decided then you can reserve your LLC name for 120 days. To keep the name, you have to file a name reservation application and pay $15 to reserve your name with the Nebraska Secretary of State.
Doing Business As (DBA) or Trade Name
Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the Nebraska Secretary of State by submitting an Application to File DBA in Nebraska along with the filing fee of $100.
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Tailor Brands – ($49 + State Fees) Online LLC Setup
Tailor Brands offer DIY website templates and incredible logo designs. If you plan to get a website then it is wise to have a “.com” domain for your business but these days you can also use other TLDs like “.company”, “.xyz” etc. With Tailor Brands, you can get everything you need at an affordable price.
It is not legally mandatory to use the word LLC in your domain name or email. If you want you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.
Step 2: Assign a Registered Agent in Nebraska
The second step to forming a Nebraska LLC is to appoint a Registered Agent. A registered agent is a person or business entity that will act or work on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in Nebraska. Hence, hiring a competent Nebraska Registered Agent for your LLC is necessary.
Make sure your registered agent is a resident of Nebraska or has a physical street address. Their business address or the principal address should be in Nebraska. Most LLC formation companies also provide registered agent services. Below are two great LLC setup services, even if you buy their cheapest plan (normally $49/year) you also get registered agent service and other services at a reasonable price.
These LLC formation services are recommended registered agent services as they are authorized to conduct business in Nebraska. Some LLC formation services offer standalone Nebraska registered agent services. You can purchase only Registered Agent services from them without purchasing any other LLC formation services.
A person who is above 18 years of age and has a physical address in the state of Nebraska can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One who is responsible for handling all the legal documents.
Yes, you can be your own registered agent if you are a resident of the state of Nebraska and you are above 18 years of age. To become a registered agent you must have the authority to conduct any type of business in Nebraska.
Registered Agent Consent Application
In Nebraska, there is no separate Consent Letter to be produced to the Secretary of State. At the time of change of Registered Agent (or the name or address), the new Registered Agent has to sign the consent letter. It comes with the Application form to Change the Registered Agent. The filing fee of $25 (online & $30 by mail) should be paid for it. For more information on the same, read our guide on Nebraska Registered Agent.
Step 3: File Certificate of Organization in Nebraska
The third and most important step in forming a Nebraska LLC is to file the Certificate of Formation. This Nebraska Certificate of Organization is a legal document needed to officially register your business with the Secretary of State. It costs $100 (online and $110 by mail) to file your formation certificate in Nebraska. (Read more on LLC cost in Nebraska).
The Certificate of Formation includes details like the name of the LLC, registered agent’s name, address, employees’ details, and structure of the company (member-managed or manager-managed). Before hiring employees in Nebraska LLC, one should know about the rules and regulations thoroughly. Also if you are expanding your existing business (an LLC) to Nebraska then you need to register as a Nebraska Foreign LLC.
How to File Online
Go to the Secretary of State Online Service. You will get the online service page. There is no need to log in or create an account with the portal. You can directly start filing your LLC by clicking on the “Online Filing” button below. Read more about the Nebraska Certificate of Organization for online registration.
How to File by Mail
If you prefer filing real-life forms for your Nebraska LLC registration, then you must read the Instructions. Read it thoroughly, get the form, fill it out, and mail it to the following address,
Robert B. Evnen, Secretary of State
P.O. Box 94608
Lincoln, NE 685098.
Processing Time: It takes 3-5 business days to get an LLC in Nebraska if you file it online. For the mail filing, it takes 1-2 business days to get an LLC. By paying an additional fee, it can be expedited.
Recommended: Online LLC Formation service can provide all these documents in lesser time along with lifetime customer support and 100% accuracy. We recommend using –
Tailor Brands – ($49 + State Fees) Online LLC Setup
Step 4: Meet Publication Requirements
In Nebraska, every LLC has to meet the publication requirements once they establish an LLC. For continuous 3 weeks, LLCs have to publish a notice of organization in one of the general newspapers in circulation in the state (county). Once the 3-week span is over, the LLC will receive an Affidavit from the newspaper.
The Affidavit received from the newspaper, has to be filed with the Nebraska Secretary of State. LLCs can file the documents online through the link mentioned below; There is a certain fee LLCs have to pay for the filing of the Affidavit. The fee depends on the newspaper notice is being published in.
Step 5: Create Your Nebraska LLC Operating Agreement
Moving on to the fourth step, filing your operating agreement. An operating agreement is a document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.
When it comes to filing a Nebraska LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation. Like Nebraska, there are other states that do not have a mandatory rule to file operating agreements. But, this document would be useful if you decide to dissolve Nebraska LLC later. Hence, having an operating agreement may not be necessary but it is definitely ideal.
Recommended: You can get operating agreement templates at only $29 with TailorBrands. You don’t need to worry about drafting it as they will take care of it on your behalf. We recommend using –
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Step 6: Filing a Nebraska LLC EIN
The Employer Identification Number or, simply, the E.I.N. is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business for that matter.
EIN is needed when the LLC hires employees. Hiring employees in Nebraska LLC requires following specific rules and regulations. On the other side, EIN for Nebraska foreign LLC should be obtained if your LLC is based in other states.
To obtain EIN (aka FEIN) one has to fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally complete the form and send it to the address given. You can also get an EIN Assistant who can help you with the process.
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999
Fax: (855) 641-6935 | Fee: Free
Recommended: This hassle will be reduced when you hire an LLC formation service. They take care of obtaining EIN and all other things for your LLC. We recommend using –
Tailor Brands – ($49 + State Fees) Online LLC Setup
Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.
Congratulation, you are now done with all the necessary steps to form your Nebraska LLC. If you do it yourself it should take you a long time to properly understand and do all the steps.
However, if you use TailorBrands it should take fewer hours and you always have live chat with expert support for any help you need.
After Starting Your Nebraska LLC
After forming your LLC, there are still some things that you will need. Take note of the following:
- Get a company business bank account
- File Nebraska business permits & licenses
- Get general liability insurance and professional liability insurance with coverage for employees
- File a Nebraska LLC annual report or biennial report
This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings to make sure your LLC is up-to-date.
Cost of Nebraska LLC
Forming an LLC in Nebraska is no doubt more cost-effective than other structures of a business. There are some fees and charges one has to bear to form a Nebraska LLC. LLCs have pass-through taxation. Hence, your Nebraska LLC won’t bring you a massive tax burden. Here are some of the fees and taxes are needed to be paid while forming an LLC in Nebraska,
|Fees/Tax||Amount to be Paid|
|Name Reservation Fee (online)||$15|
|Certificate of Organization Fee||$110 (by mail and $100 online)|
|LLC Biennial Fee||$10|
|Publication Fee||Depends on the newspaper LLCs choose|
In Nebraska, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 120 days without registering your LLC. It can be done by paying $25.
In Nebraska, an Annual Report has to be produced every year. It costs $100. Also, the State of Nebraska requires the Business Privilege Tax each year on the third week of April. The amount of BPT depends on the LLC’s revenue. The amount is a minimum of $100. Read our guide on LLC costs in Nebraska for more information.
Nebraska Foreign LLC
If you are interested in forming a Foreign LLC in Nebraska then you need to file the Certificate of Foreign LLC to the Nebraska Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc. to the Nebraska SOS to form your foreign LLC in Nebraska. To know more in detail, check out our guide on Nebraska Foreign LLC.
Reasons to Start an LLC in Nebraska
If you start an LLC in Nebraska, you automatically choose a state under a continuous growth phase. For new firms, the tax environment that is present in Nebraska is the best as ranked by the US Chambers of Commerce. This means that there are many reductions in tax liabilities provided regularly to the newly incorporated business. Alongside, various business funding options are available. Read more on Nebraska’s classification of LLC tax.
You can get a business credit card in Nebraska while running your business. Also, you can easily get rid of a paper form and go online for government filings. It is easier to get a registered agent service in Nebraska to take care of filing and such work.
Detailed agreements can save from future conflicts
If you go through the agreement formed while making an LLC in Nebraska, you will come through one of the best-formed agreements in the United States LLCs. All the duties of the loyalty of members and managers are fixed under the LLC Law Act under sections 21-110. A person has to perform those duties assigned to them for the betterment of the LLC.
But along with that, the act provides the freedom under which people can opt-out from the duties under special conditions. The act can narrow down their duties a bit. Section 21 provides a chance of safe harbor under which all the transactions between an LLC and member for smooth transitioning and opportunity benefit both parties.
Financial Incentives for the business
There is a whole list of financial benefits that are waiting for a new Nebraska Limited Liability Company. The government is appreciating the efforts that businesses are making towards the betterment of society and, for that, is giving special income and sales tax incentives. Moreover, there is a loan program named Nebraska Progress Loan Funds, which provides funds for new businesses.
The Rural Enterprise Assistance Project
REAP is initiated by Nebraska’s Rural Affairs center, which is basically focusing on small business development. All the LLCs have to register for the REAP program to check whether they are eligible for the program or not. Amid eligibility, the benefits that they are going to enjoy if they get approved for REAP are:-
From time to time, personal technical assistance for the LLC is provided by the government to get over all the technical issues faced in the industry.
- Assistance in maintaining a proper cash flow in the company along with budgeting of the LLC.
- LLC in Nebraska also gets access to the online lending system of the state.
- Grow and Rapid loans up to $5000 and $10,000 are provided to the LLC, respectively.
Best Businesses Established in Nebraska
If you want to form an LLC in Nebraska, you are about to make the best decision. But wait, do you have the knowledge of top businesses in Nebraska? If not, then you should know about the economy and its contributors in detail.
This sector has grown rapidly in the state and has become a significant economic driver with $12.05 billion of contribution. The manufacturing units in the state are related to electronics, chemical products, and mineral production.
The ranking of Nebraska State in terms of cattle products is 2nd in the USA. More than 2/3 of the total agriculture income of the state is earned through livestock and cattle. Despite increasing, the manufacturing and service sector agriculture sector have a considerable contribution of around $9.53 billion to its GDP.
Due to the diversity of rail routes and different interstate highways present in the state, the transportation sector is also booming. Due to so many routes, there is a huge demand for warehousing in the state. Companies start storing their manufactured products in Nebraska warehouses as it is one of the best transportation links for various parts of the country. Due to this boom, the industry’s total contribution to the state’s GDP is $8.66 billion.
Finance Related Services
The finance services include the services related to finance directly, like the bonds, license, and tax filings. Along with that, there are some indirect financial services of which insurance is the most prominent example. It is noticed that in the past 5 years, the Finance industry of the state has doubled its size. The sector is the upfront player of the state’s economy, contributing around 8% of the total GDP of $8.3 billion.
Also, it is employing around 35,000 workers in the state, due to which the tax paid by the industry is about $54.4 million.
Other than these big bulls of the industry, some small businesses that have immense scope in Nebraska are:-
- Trucking company
- Elderly care home
- Travel agency
Nebraska LLC Formation Review
Time needed: 5 minutes.
Just to recap, here are the easy steps again when forming a Nebraska LLC. Click on the steps in this list to read the full detail.
- Name your Nebraska LLC
The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
- Choose a Registered Agent
In Nebraska, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services like NorthWest Registered Agent to get things done hassle-free.
- File a Formation Certificate
Filing a formation certificate is necessary when forming an LLC in Nebraska. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
- Meet Publication Requirements
In Nebraska, LLCs have to publish a notice of organization in the newspaper. Newspaper publication is important as LLCs have to file an affidavit with the SOS.
- Create an Operating Agreement
An operating agreement is not a strict requirement in Nebraska but something encouraged when you start an LLC to avoid future conflicts.
- Get an EIN
The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
How Fast Can I Form an LLC in Nebraska
Filing the Certificate of Organization for LLC in Nebraska takes upto 2-3 business days, based on the number of applications received.
To form an LLC in Nebraska, you must first designate a registered agent. A registered agent is the individual or company designated by law to receive and handle legal notices from the state. Generally, the person must be present during regular business hours. When you choose your registered agent, you must make sure that the name is not already in use. Once you have decided on a name for your Nebraska LLC, you must designate a registered agent in the state.
In many states, a business entity must file a Certificate of Organization, also called Articles of Organization. This document establishes the business entity and registers it with the state. While Nebraska has no formal Certificate of Organization form, it does require that you create and file a form that follows the state statutes. Once you have the certificate of organization, you must file it with the Nebraska Secretary of State.
The process of forming an LLC in Nebraska is relatively easy and inexpensive. The first step is to choose a name for your new business. Choose a name that is easy to remember and is available in Nebraska. It is also important to make sure that the name is not already used by another business. To ensure that the name you have chosen is available, use a name search service. When choosing a name, make sure to include the suffix “Limited Liability Company” or “L.L.C.”
The next step in forming an LLC in Nebraska is to select an EIN. A company with an EIN can avoid paying taxes on their earnings. However, it is important to remember that your Nebraska business must file biennial reports to maintain its compliance status. This requires a separate business account for expenses, such as office supplies, and insurance. Additionally, you should obtain business insurance. Finally, remember to publish your business notice in a newspaper. You must also publish the notice in the newspaper for at least three consecutive weeks. When you have completed this step, you must submit your Affidavit of Publication to the Secretary of State. In addition to paying state taxes, you must also pay federal and state income tax on the earnings from your LLC.
When you choose a name for your business, make sure that it is available as a web domain. If it is, you may want to purchase a URL so that others don’t take it. To protect your business name, you must nominate a registered agent in Nebraska. Also known as a registered agent, this person or entity contacts the state on your behalf. This person can be an individual or a business entity.
If you don’t have an EIN, you can opt for the Rush Processing option. Rush Processing will reduce your time by 2 to three business days. Your documents will be delivered to the state electronically or hand-delivered. Rush Processing services may also incur additional fees. You should also know that rush processing or expedited services incur additional costs. So make sure to check the fees before you choose an option. It will be worth it in the long run.
If you are a resident of Nebraska, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.
Apart from the formation fee of $105 (domestic LLC) and $100 (foreign LLC), LLC costs in Nebraska include $10 for Annual Reports every 2 years. LLCs are liable to pay a sales tax of 5.5% every year.
It takes 3-5 business days to get an LLC in Nebraska if you file it online. For the mail filing, it takes 1-2 business days to get an LLC. If you hire a professional LLC service, then it might take less than that. We recommend Tailor Brands which has impeccable turnaround time.
Every year all the LLCs have to submit an Annual Report and pay $10 (one in two years) to the Nebraska Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.
Generally, for the LLCs, it is a default tax structure. Once you will obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the Nebraska Classification of LLC Tax.
LLCs are easier to establish than other business structures. Small businesses, especially start-ups can easily start an LLC in Nebraska at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.