How to Start an LLC in Mississippi (Step-by-Step) 2024 Guide

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Starting an LLC, step-by-step

Starting a Mississippi LLC costs $50. And it takes 2 days to get one.

How to start an LLCThere are 5 steps to forming an LLC:

  1. Choose an LLC Name
  2. Select a Registered Agent
  3. File a Certificate of Formation
  4. Create an Operating Agreement
  5. Get an EIN

If you want to form your LLC yourself, follow our free guide below.

If you want someone to take care of it for you, we recommend hiring Northwest Registered Agent

Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)

How much does it cost to start an LLC in Mississippi?

It costs $50 to start an LLC.

This $50 is to file the Certificate of Formation – the document that creates an LLC.

To learn more about LLC Costs, see LLC Costs in Mississippi.

How long does it take to get an LLC in Mississippi?

If you file online, your LLC will be approved in 1-2 business days.

You can’t file an LLC by mail in Mississippi.

Please see How long does it take to get an LLC in Mississippi to check for any delays.

Here are the steps to forming an LLC in Mississippi

1. Search your LLC Name

LLC namesSearch your Mississippi LLC Name to make sure it’s available in the state.

You need to do this because two businesses in the state can’t have the same name.

First, search your LLC’s business name and compare it to existing businesses in the state. You can make sure the business name you want is unique from existing businesses using the Business Services Name Search.

Second, familiarize yourself with the naming rules in Mississippi (so your LLC gets approved).

We’ll explain both in more detail here: Mississippi LLC Name.

2. Choose a Mississippi Registered Agent

The next step is to choose a Registered Agent.

Registered AgentA Mississippi Registered Agent is a person or company who accepts legal mail and state notices on behalf of your Limited Liability Company.

Who can be an LLC Registered Agent?

You have 3 options for who can be your LLC’s Registered Agent:

  • You
  • A friend or family member
  • A Registered Agent Service

Mississippi law requires that all LLC Registered Agents have a physical street address in Mississippi. PO Boxes aren’t allowed.

And the Registered Agent’s name and address will be listed on public records.

If you don’t have an address in Mississippi, or you want more privacy, you can hire a Registered Agent Service for your LLC.

We recommend Northwest Registered Agent

Our favorite feature about Northwest is they’ll let you use their office address throughout your LLC filing. This way, you can keep your address off public records.

They’ll also scan any mail sent to your LLC and upload it to your online account.

Northwest has excellent customer service, and they’re who we trust to be our own Registered Agent.

Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.

(Why is Northwest the best? Read our Northwest Registered Agent review)

3. File Mississippi LLC Certificate of Formation

Articles of OrganizationTo start an LLC, you need to file an LLC Certificate of Formation with the Mississippi Secretary of State.

It costs $50 to file a Certificate of Formation online.

This is a one-time fee to create your LLC.

If you want to file this yourself, see our step-by-step guide: Mississippi Certificate of Formation.

Or, you can hire a company to do it for you.

Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

(Learn why Northwest is #1 in Northwest vs LegalZoom)

4. Create a Mississippi LLC Operating Agreement

Operating AgreementAn LLC Operating Agreement serves as a “companion” document to the Certificate of Formation.

The Certificate of Formation creates your LLC, and the Operating Agreement shows who owns the LLC.

Additionally, some banks require an Operating Agreement when you open an LLC bank account.

And having an Operating Agreement will be very helpful if you ever end up in court. Reason being, Operating Agreements help prove that your LLC is being run properly.

That’s why we recommend that all LLCs have an Operating Agreement – including Single-Member LLCs.

Furthermore, an Operating Agreement is an “internal document“. Meaning, you don’t need to file it with any government agency (like the Secretary of State or the IRS). Just keep a copy with your business records.

You can download a free template below.

Then, learn how to fill it out by watching our step-by-step Mississippi Operating Agreement video.

Download a free LLC Operating Agreement:
Member-managed: Google DocWordPDF
Manager-managed: Google DocWord

(What's better? See Member-managed vs Manager-managed LLC)

5. Get an EIN for your LLC

The next step is to get a Mississippi EIN Number from the IRS for your LLC.

Note: An EIN Number is also called a Federal Tax ID Number or Federal Employer Identification Number.

EIN Number for an LLCAn EIN Number is used to:

  • identify your LLC for tax purposes
  • open a business bank account
  • apply for business licenses and permits
How much does an EIN cost?

Getting an EIN Number from the IRS is completely free.

How long does it take to get an EIN?

If you apply online, it takes 15 minutes.

If you apply by mail or fax, it can take 1-3 months.

How can I get an EIN?

US Citizens/US Residents: If you have an SSN or ITIN, you can apply for an EIN online. Follow these instructions: Apply for an EIN online.

Non-US Residents: You can’t get an EIN online, but you can still get one by fax or by mail. Follow these instructions: How to get an EIN without an SSN or ITIN.

What do I do after my LLC is approved?

After your LLC is approved, there are some additional steps.

LLC business bank account

You’ll want to open a business bank account for your LLC.

This makes accounting and record-keeping much easier for your business finances.

Having a separate business bank account also maintains your personal liability protection. This is because it keeps your business entity finances separate from your personal finances.

Get business licenses and permits

Business LicenseGood news, Mississippi doesn’t have a state general business license.

However, depending on where your LLC is located, you may need a local business license or permit.

For example, if you want to start a daycare, you may need a business license from the city or county.

You can learn more on our Mississippi Business License page.

File your LLC Annual Report

LLC Annual ReportAll Mississippi LLCs must file an Annual Report every year.

The Annual Report keeps your LLC in good standing with the state.

How much does a Mississippi LLC Annual Report cost?

The Annual Report costs $0 to file.

Said another way, there is no fee to file your Annual Report each year.

When is the Annual Report due?

LLC Annual Reports are due by April 15 every year.

When is my first Annual Report due?

Your first Annual Report is due the year after your LLC was approved.

For example, if your LLC was approved on February 3, 2024, your first Annual Report is due by April 15, 2025.

How do I file my LLC Annual Report?

You can file your LLC’s Annual Report online or by mail. We recommend the online filing because it’s easier to complete.

Follow our step-by-step guide here: Mississippi LLC Annual Report.

File and pay taxes

LLC TaxesLLCs don’t pay federal taxes. Instead, the LLC Members pay the taxes for the LLC.

Said another way, the owners pay taxes for the LLC as a part of their personal tax return.

How will my LLC be taxed?

By default, an LLC is taxed by the Internal Revenue Service (IRS) based on the number of owners your LLC has:

  • A Single-Member LLC is taxed like a Sole Proprietorship.
  • A Multi-Member LLC is taxed like a Partnership.

Alternatively, you can ask the IRS to tax your LLC like a C-Corporation or S-Corporation.

Besides federal income tax, there are also state and local income taxes – and sales tax.

Learn more in Mississippi LLC Taxes.

How to Start an LLC in Mississippi FAQs

Can I start an LLC online in Mississippi?

Yes, you can file your LLC online in Mississippi. The Certificate of Formation filing fee is $50.

When you start your LLC online, it will be approved in 1-2 business days.

What are the benefits of an LLC?

The first benefit of an LLC is protecting your personal assets. Meaning, if your business is sued, your personal assets – like your home, cars, and bank accounts – are protected.

This protection applies to all LLC owners (called LLC Members). It doesn’t matter if you have a Single-Member LLC or Multi-Member LLC. All of the LLC owners are protected from the business debts and liabilities.

This type of protection wouldn’t apply if you operate as a Sole Proprietorship or Partnership. With these types of informal business structures, the owners aren’t protected in the event of a lawsuit. For that reason, Limited Liability Companies (LLCs) are a much more popular business structure.

Another benefit is LLC pass-through taxation. This means the LLC itself doesn’t pay federal income taxes. Instead, the profits “pass through” to the LLC Members. And the Members pay the taxes on their personal tax return.

And state income taxes are very similar, since the state honors the federal tax treatment of your LLC.

To learn more, please see How are LLCs taxed.

Is Mississippi a good state to start an LLC?

Whether Mississippi is a good state to start an LLC depends on where you live – and where you’re doing business.

Meaning, if you live in or do business in Mississippi, then you should start your LLC there. While many websites talk about tax rates and advantages of certain states, none of that applies if it’s not the state where you live and do business.

For example, if you form an LLC in Delaware, but live in and conduct business in Mississippi, you’ll also need to register your Delaware LLC in Mississippi (and pay extra fees). And you’ll end up paying Mississippi taxes anyway. This ends up leading to more costs and more headaches with no advantages.

In summary, if you live in and conduct business in Mississippi, then yes, it’s a good state to start a business. If you don’t live in and do business in Mississippi, then no, it isn’t a good state to start a business.

Real estate exception: If you’re purchasing real estate outside of Mississippi, you should form your LLC in the state where the property is located.

For more information, please see Best State to Form an LLC.

Matt Horwitz
Matt Horwitz
Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.

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4 comments on “Mississippi LLC”

Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.

  1. I live in Delaware and formed an LLC in Delaware, but I currently do business in Mississippi. I’ve since moved the LLC to MS and have done all of the filings. What’s happening now is that I am currently paying taxes in 2 states. I am working to withdraw from Delaware totally.

    Any suggestions about my course of action to remove my LLC from Delaware?

    Also, when filing taxes, I’m working to make sure I keep my personal taxes separate of my business. Again, any suggestions there. We do get our taxes professionally done. Seems to be costing more money.

    • Hey Tonh, when you say you moved your LLC to MS, which type of filing did you do? It was anything besides a Foreign LLC registration, then you can file a Delaware LLC Dissolution. If you filed a Foreign LLC registration, then there’d be a different course of action. When you see keeping personal taxes separate from business taxes, I’m not sure what you mean, since, if your LLC is taxed in its default status, the LLC taxes flow through to your personal return.

  2. If I live in Alabama and wanted to start a business and I only need my home as a home office, what stepes would I need to go through? Services rendered would be therapy services in-home. I’m guessing that I would need to get a business license in the state of Alabama but would I need to do anything in Mississippi? Any insight into the process that I need to go through?

    • Hi Butch, our guides and website is specifically about forming LLCs (Limited Liability Companies). We don’t offer information about starting Sole Proprietorships (which is what your question sounds like). If you’d like to learn the difference between an LLC and a Sole Proprietorship, please see this video. If you decide to form an LLC in Alabama, you can follow our Alabama LLC Guide. If your Alabama LLC is also going to do business in Mississippi, you’ll need to register as a Foreign LLC in Mississippi. Here’s the link to MS’s online portal. You’ll need to create an account, then click “Register an Out-of-State Corporation, Non-Profit, LLC, Partnership or Business Trust”. Again though, only do this after you’ve formed your Alabama LLC and if you’re also doing business in Mississippi. After your LLC (or LLCs) is/are approved, you may also need a business license in both Alabama and Mississippi. I know that’s a lot of info ;) Hope that helps though!

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