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How to Form an LLC in Massachusetts
A Massachusetts Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.
An LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).
Forming an LLC in Massachusetts is simple. Search your Massachusetts LLC name in the state database and select your Resident Agent.
File your Certificate of Organization with the Massachusetts Secretary of the Commonwealth and wait for your LLC to be approved.
You can file your LLC by mail or you can file it online. If you file by mail, the fee is $500. If you file online, the fee is $520. In both cases, the approval time is 24 to 36 hours.
After your Massachusetts LLC is approved, complete your Operating Agreement and get your Federal Tax ID Number (aka EIN) from the IRS.
In order to keep your Massachusetts LLC in compliance, you must also file an LLC Annual Report each year. The fee is $500 if you file by mail, and $520 if you file online.
We’ve created a free course that will walk you through forming your own Massachusetts LLC, step-by-step.
On desktop, the lessons are listed on your right. On mobile, the lessons are listed at the bottom of the page.
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
21 Comments
I live in MA
Planning to purchase a condo that I’ll use sometimes and rent out other times.. in FL.
Have a still active building construction business in MA with an LLC name that got involuntarily dissolved ~5 years ago due to forgetting to pay the annual fees..
I also purchased a rental property ~ 7 years ago in MA using that now dissolved LLC name..which I still own..
Question is:
Should I, can I ?, re-instate the MA LLC, (needing to pay 2500+ ? of back annual fees.. and purchase the FL condo with that name, or should I form form a new LLC in FL to purchase the FL. Condo… and let the MA LLC remain dissolved until such time as I decide to sell the MA Property? At which time I’d have to re-activate it for the transaction..
Or should I do something entirely different.?
Thank you
Hey Chris, since you’ll technically be doing business in Florida with the new rental, it’s best to form the LLC in Florida and then purchase the condo with the Florida LLC. When you do decide to reinstate your Massachusetts LLC, you’ll need to file all outstanding Annual Reports as well as the “Application for Reinstatement Following Administrative Dissolution” (link). Sorry that Massachusetts is so expensive man. On a positive note, the Florida filing fees are much cheaper than Massachusetts ($125 vs. $500), as well as their Annual Report ($139 vs. $500). Hope that helps!
Hi Mat,
Thanks so much for the very useful resource. I want to change the address for my LLC that i just formed in MA. Can you please let me know the process?
thanks
Ashwini
Hi Ashwini, you’re very welcome! Which address(es) are you referring to? Depending on which one, there are few different ways to change (“amend”) them.
Hi Matt,
I just submitted my LLC application to the SOS in MA last week. How long will it take for them to approve it or deny? And where will I be able to check it if it was approve? Also , after its approved, do I need to file the operating agreement to the MA. Sec of State as well.? Thank you so much! Also, I just want to let you know, I used you LLC guide to do the application myself. Thank you again Matt for all the things you do here !
Hi Noli, you’re very welcome! Glad to hear you were able to get everything filed correctly for your Massachusetts LLC :) For both LLC filing methods (online filing and mail filing), the Massachusetts Secretary of the Commonwealth’s Office will review and process your filing within 24 to 36 hours. Unlike most states which usually mail an approval or rejection letter, Massachusetts does not. Instead, you’ll need to wait 24-36 hours and then search your LLC name in in the Corporation Division Database. Find your LLC in the results, then click on your LLC name. Then scroll down to the “View filings for this business entity” section. Click “Certificate of Organization” once and then click the “View Filings” button to view your PDF download link. Hope that helps!
Thank you so much Matt!! Much appreciation!
You’re very welcome Noli!
Matt,
Thank you again for everything. I did my PLLC by myself following your advice and hence I saved around 2k from the lawyer. its how much they charge in here. A little tricky coz I have to go to my Boards since its a PLLC, but, I did it. I appreciate everything you do. one quick question, the articles organization is for the company to keep, correct? Thanks so much
Hey Noli, glad to hear you were able to get your PLLC successfully filed! Thanks for the kind words :) I’m not sure what you mean by “the Articles of Organization is for the company to keep”. Can you rephrase that question with some more details/context? Thanks!
Hi Matt,
Great material here, thank you! I’d like to ask you two questions:
Can I incorporate an LLC company in Delaware to drive for Uber and Lyft in Massachusetts?
Will I have any problem related to tax or because I will be “operating” in Massachusetts?
Thanks,
Cris
Hey Cris, if you form an LLC in Delaware, you’d have to register that LLC in Massachusetts as a Foreign LLC in order to have authority to operate. You wouldn’t have a tax “problem” per se, however, taxes are paid where the money is made, so you’d still be filing and paying taxes in Mass. I also recommend reading what is a foreign LLC. Hope that helps!
Hi Matt,
I filed the LLC in Jan 2017 and thought it will be for 2 years so I didn’t pay for 2018. What should I do now? Please advice.
Thank you
Suwanna
Hi Suwanna, call the Secretary of the Commonwealth and check the total amount outstanding. You’ll likely just need to pay and file your 2017 and 2018 Massachusetts LLC Annual Report. Hope that helps.
Hi, Matt!
Complicated question… I’m an aspiring writer/artist working both in New York and Boston and like many creatives, I sign my work using a pen name. Recently, I’ve been considering registering an LLC under a separate business name, but would still like to operate under my pen name as well. Can I file a dual DBA? For example, doing business as and then doing business as The reason for my wanting to register in this manner is that say I have a business called A Writer’s Right that offers consultation to writers on journalism, ethics etc., but I also sell watercolor paintings, which I sign as Flower Childe. Could I then file one set of tax returns for Flower Childe as the Owner/Managing Member of A Writer’s Right LLC?
Hi Stephanie! I don’t fully follow what you’re trying to do, but let me know if this helps: First, taxes are filed under your real name, not your pen name. Second, if an LLC has multiple DBAs, taxes “flow” to the LLC (the DBAs don’t file taxes). In your example, I’m not sure if you’re referring to a DBA owned by you (a Sole Proprietorship) or a DBA owned by an LLC. You also mention “dual DBA”. I’m not sure what this means. If this is an LLC with 2 DBAs, totally okay. If this is an LLC with a DBA and then that DBA has another DBA… that won’t work. A DBA is a “nickname” for a natural person (like you and I) or a legal person (like an LLC or Corporation). A DBA can’t have a DBA. Let me know if you have any followup questions. Hope that helps.
Thanks, Matt.
I apologize for the confusion. my intent was to file a DBA in lieu of a legal name change for my artistic ventures and then an LLC for my “real job.” However, if I understand you correctly, what I would actually be doing is registering an LLC with one DBA as my pen name and the other as my company name. Is this correct?
Hey Stephanie, all good. I know it’s important to you and you’re trying to get to the bottom of it. I looked over your question again, and your original one, and I’m still not sure. If you use a DBA in a contract, it would show the entity name (your LLC). It sounds like you’re mostly aiming for privacy. It might be a good to have a sit down with an attorney (or a few) to see if you can figure out the best way to go about it. It’s challenging to understand just via writing. Thanks for your understanding.
Hello Matt,
First I like to appreciate you for the great content and advise you are putting out. I have 2 questions.
1. Would you advise using a service like Legalzoom to setup your LLC? Are there advantages/disadvantages to it as opposed to doing it yourself or using a CPA?
2. I plan on setting up a multiple-member LLC with DBAs. Members of the LLC will be myself and wife. The LLC will be like the holding company while the DBAs will be myself and wife’s Start-up businesses. We will be equal partners, but run our separate start-up businesses as DBAs under this one entity. We will also file taxes together. What are your thoughts on this kind of setup? Are there advantages from a tax savings standpoint or other advantages, or will you advise otherwise? Will forming an LLC with subsidiary LLCs for our startup businesses be a better idea?
I know these are actually multiple questions under the 2 Main questions. Please your candid advise will be appreciated. Let me know if you need further clarification(s)
Thanks
Matt
Hi Matt, thank you!
1. If you’re leaning the route of using a filing service, I think Northwest Registered Agent is the best. Other services have far too many upsells and many also sell your information to 3rd parties. If you want to take it a step further, hiring an attorney (instead of a CPA) will likely have more hand-holding, someone to ask questions, and possibly a more customized Operating Agreement (although that’s not always the case). Attorneys will cost you more than a filing service.
2. Regardless of how many DBAs an LLC has, it’s all just one entity; the LLC, so taxes would all be grouped together in your Partnership Return and your personal 1040 (depending on how you two file). For the detailed pros and cons, you’d have to run that by an accountant. One downside would be your books and records could get quite messy. It sounds like you both have a different business. Maybe consider that each of you form your own LLC. Keep things separated so as the businesses grow, it doesn’t get disorganized. While yes, you could form an LLC and then have that LLC own 2 separate LLCs, you may not need to go that route. To get further into details on the pros/cons of LLC owning 2 LLCs vs. you each having your own LLC, you’d have to run that by an attorney. Thanks for your understanding and hope that helps!
Do I need to list all the members when filing Certificate of Organization with MA under section 7 (The name and business address of the person(s) in addition to the manager(s), authorized to execute documents to be filed with the Corporations Division,….).
Can I specify just a few names in Certificate of Organization and remaining member names in operating agreement?