Analysis Of LLCs By State - See Why You Should Form Your LLC In Nevada

State	Existing LLC Act	State Income Tax Classification of LLC	Entity Level Tax on LLC	Tax Form and Filing Available	Composite Filing Available	Annual Report Required	Other Tax Information

Alabama	Yes	Follows federal	No	Form 65 due April 15	No	No
Alaska	Yes Effective July 1, 1995	Follows federal	No	No tax return	N/A	Yes Due Jan 2 every two years
Arizona	Yes	Follows federal	No	Form 65 due April 15	Yes
Arkansas	Yes	Follows federal	No	Form AR1050 due May 15	No	Yes Due June 1 ($109 fee)
California	Yes	Follows federal	$800 LLC minimum tax	Form 568 due April 15	Yes	Yes Due in anniversary month ($5 fee)	In addition to the $800 minimum tax, an annual LLC fee is imposed based upon total income from all sources reportable to California (range from $500 to $4,000). Non-resident members may either (1) file a group non-resident return and pay California income tax; or (2) file a Form 3832 consenting to the jurisdiction of California. If any LLC member fails to sign Form 3832, the LLC is required to pay tax on the member’s distributive share at the highest marginal rate (11%).
Colorado	Yes	Taxed as partnerships	No	Form 106 due October 15	Yes	Yes Due every two years	An LLC may file a Form 107 for each non-resident member to consent to file a Colorado income tax return. If a non-resident member fails to sign, the LLC must submit Form 108 and remit 5% of the member’s Colorado source income.
Connecticut	Yes	Follows federal	No	Form CT-1065 due April 15	Yes	Yes Due on anniversary date
Delaware	Yes	Follows federal	No	Form 300 due April 15	No	Yes Due June 1 ($100 fee)
District of Columbia	Yes	Uncertain	9.975% franchise tax on D.C. source income for an unincorporated business ($100 minimum tax)	Form D-30 due April 15	No	Yes Due June 16 ($50 fee)	If the D.C. franchise tax liability exceeds $1,000, estimated payments must be made to avoid a penalty. If more than 80% of gross income is derived from personal services rendered by individuals and capital is not a material income-producing factor, a franchise tax return is not required. Instead, the LLC must file a partnership return (Form D-65).
Florida	Yes	Taxed as corporations	5.5% tax	Form F-1120FT due April 1	N/A	Yes Due May 1
Georgia	Yes	Follows federal	5% withholding tax for non-residents	Form 700 due April 15	Yes	Yes Due April 1 ($25 fee)	If composite return is filed, withholding is not required.
Hawaii	Yes	Effective April 1, 1997	Follows federal	No	Form N-20 due April 20	No	Yes, due June 30 ($25 fee)
Idaho	Yes	Follows federal	No	Form 65 due April 15	No	Yes Due between July 1 and Nov 1
Illinois	Yes	Follows federal	1.5% partnership tax	Form IL-1065 due April 15	Yes	Yes Due within 60 days following first day of anniversary month ($300 fee)
Indiana	Yes	Follows federal	3.4% withholding tax for non-resident	Form IT-65 due April 15	Yes	Yes Due in anniversary month ($15 fee)	The tax withheld and paid by the LLC may be applied towards the tax on the composite return.
Iowa	Yes	Taxed as partnerships	No	Form IA-1065 due May 1	No
Kansas	Yes	Follows federal	No	Form K-65 due April 15	Yes	Yes Due April 15 (fee equals $1 for each $1,000 of net capital accounts; minimum fee of $20 and maximum of $2,500)
Kentucky	Yes	Follows federal	No	Form 765 due April 15	Yes	Yes Due June 30 ($15 fee)	Must have 15 or more full-year non-resident members to receive special permission to file a composite return.
Louisiana	Yes	Follows federal	No	Form IT-565 due May 15	No	No
Maine	Yes	Follows federal	No	Form TR due April 15	Yes	Yes ($60 fee)
Maryland	Yes	Follows federal	5% withholding tax for non-residents	Form 510 due April 15	Yes		Non-resident members may apply the amount withheld and paid by the LLC to their Maryland individual income tax.
Massachusetts	Yes	Follows federal	No	Form 3 due April 15	No	Yes	($500 fee)
Michigan	Yes	Subject to single business tax; members taxed	2.3375% of LLC tax base	Form C-8000 due April 30	No	Yes for professional LLCs only; Due Feb 15 ($50 fee)
Minnesota	Yes	Follows federal	8.5% withholding tax for non-residents	Form M-3 due April 15	Yes	Yes Due by anniversary date every two years
Mississippi	Yes	Follows federal	No	Form 62-520 due April 15	No	No	LLC may withhold and pay 5% of net profit to avoid joint and several liability. Non-resident members may apply any amount withheld to the non-resident Mississippi individual income tax return.
Missouri	Yes	Follows federal	No	Form MO-1065 due April 15	Yes	No	Net profits earned in the City of Kansas City subject to 1% earnings tax
Montana	Yes	Follows federal	No	Form PR-1 due April 15	No	Yes Due April 15
Nebraska	Yes	Follows federal	6.99% withholding tax for non-residents	Form 1065N due April 15	No	No	Non-resident members may file Form 12N to avoid the tax withholding but member must file a Nebraska non-resident income tax return. If the LLC withholds tax for non-resident member, the member is not required to file a Nebraska non-resident income tax return unless there was a refund.
Nevada	Yes	No state income tax	N/A	N/A	N/A	Yes Due the last day of anniversary month ($85 fee)
New Hampshire	Yes	Follows federal	5% tax on dividends and interest of partnership; 7% tax on business profits; .25% Business Enterprise Tax	Forms NH-1065, BET, BT Summary and DP-10 due April 15	No	Yes Due April 1 ($100)	7% tax due on business profits if gross receipts (earned everywhere) are greater than $50,000. 5% tax due on interest and dividends 1) such amount is over $1,200; 2) LLC has a usual place of business in New Hampshire; 3) LLC has at least one New Hampshire member, and 4) LLC has non-transferable shares. .25% Enterprise tax due on dividends, interest and wages paid, if gross receipts are more than $100,000 or the enterprise value tax basis is more than $50,000.
New Jersey	Yes	Follows federal	No	Form NJ-1065 due April 15	Yes	No
New Mexico	Yes	Follows federal	No	No tax return required	N/A	No
New York	Yes	Follows federal	$50 per member annual fee (fee cannot be less than $325 or more than $10,000	Form IT-204 and IT-204-LL due April 15	No	No	Net income earned in New York City subject to 4% business income tax.
North Carolina	Yes	Follows federal	6% to 7.75% tax for non-residents	Form D-403 due April 15	No	Yes Due within 60 days following the last day of anniversary month ($200 fee)	Non-resident members (who are individuals) are not required to file a North Carolina individual income tax return if the LLC income is their only North Carolina source income and the LLC paid the required tax for non-residents.
North Dakota	Yes	Follows federal	No	Form 58 due April 15	Yes	Yes Due Nov 15 ($50 fee)
Ohio	Yes	Follows federal	No	Form IT-4708 due April 15	Yes		LLC may be subject to city taxes for income earned in Cincinnati, Cleveland or Columbus.
Oklahoma	Yes	Follows federal	No	Form 514 due April 15	No	Yes for foreign LLCs only; Due July 1 ($100 fee)
Oregon	Yes	Follows federal	No	Form 65 due April 15	Yes	Yes Due by anniversary date	LLC subject to 1.45% business income tax for income earned in Multnomah County. LLC subject to 2.2% license fee ($100 minimum) for income earned in the City of Portland.
Pennsylvania	Yes	Taxed as corporations, except LLC performing professional services taxed as partnerships	$300 per member annual fee for LLC taxed as partnerships	Form PA-54 due April 15 (partnership); Form RCT-101 due April 15 (corporation)	Yes	Yes (uncertain at this time as to due date and amount)
Rhode Island	Yes	Follows federal	Annual tax equal to minimum business corporation tax, even if classified as a partnership ($250)	Form RI-1065 due April 15	No	Yes Due between Sept 1 and Nov 1 ($50 fee)	Non –resident members must sign an agreement to file a Rhode Island individual tax return and the LLC must attach these agreements to the LLC tax return.
South Carolina	Yes	Follows federal	5% withholding tax for non-residents	Form SC1065 due April 15	Yes	No	Withholding is not required if a composite return is filed or non-resident member consents to jurisdiction of South Carolina.
South Dakota	Yes	No state income tax	N/A	N/A	N/A	Yes Due Jan 2 ($50 fee)
Tennessee	Yes	Follows federal	No	No tax return required	N/A	Yes Due 4 months after fiscal year closing ($50 per member; minimum fee of $300 and maximum of $3,000)
Texas	Yes	No state income tax; subject to compare franchise tax	Greater of .25% of capital or 4.5% of earned surplus	Form 05-142/143 due May 1	N/A	No
Utah	Yes	Taxed as partnerships	No	Form TC-65 due April 15	Yes	Yes Due during anniversary month
Vermont	Yes	Effective January 1, 1997	Follows federal	$150 minimum tax for LLC taxed as partnerships	Form 106 due April 15	Yes	Yes due 2 ½ months after fiscal year ($15 fee for domestic LLC, $100 fee for foreign LLC)
Virginia	Yes	Follows federal	No	No tax return	N/A	Yes Due Sept 1 ($50 fee)
Washington	Yes	No state income tax	Business and Occupation Tax	N/A	N/A	Yes Due last day of anniversary month ($50 fee)
West Virginia	Yes	Follows federal	4% withholding for non-residents; .75% business franchise tax on capital accounts	Forms IT-165 and BFT-120 due April 15	No	No	Non-resident member may consent to the jurisdiction of West Virginia to avoid the required withholding by filing Form NRW-4.
Wisconsin	Yes	Follows federal	No	Form 3 due April 15	Yes	No
Wyoming	Yes	No state income tax	N/A	N/A	N/A	Yes Due Jan 2 ($50 fee)

*Assumes the LLC qualifies as a partnership in those states that follow federal law, and LLC is filing on a calendar-year basis.

Analysis of LLCs by State Provided By Nevada Corporate Planners

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