How to Form an LLC in Nevada

If you don’t live in Nevada, or do business in Nevada, please see why you shouldn’t form an LLC in Nevada.

Starting a Nevada LLC

A Nevada Limited Liability Company (LLC) is a hybrid business structure that offers personal liability protection in case of a lawsuit. In the event your Nevada LLC is sued, your personal assets (like your home, vehicles, and bank accounts) remain safe from creditors.

You can use your Nevada LLC to run a business or you can use your LLC to purchase assets, such as real estate, vehicles, boats, and aircraft.

1. Nevada LLC Name

Before filing your Nevada LLC’s Articles of Organization with the Secretary of State, you’ll need to search the state’s database to make sure your desired Nevada LLC name is available for use.

Your Nevada LLC name must be unique and distinguishable when compared to all the existing businesses registered in the state.

You can search your Nevada LLC name using the Nevada Business Search page.

LLC Designator: As per Nevada state law, Section 86.171, your LLC name must end with a proper designator. The following are allowed:

• LLC
• L.L.C.
• LC
• Ltd.
• LTD.
• Limited
• Limited Co.
• Limited Company
• Limited Liability Co.
• Limited Liability Company

Your Nevada LLC name cannot include a designator that makes it sounds like a different type of legal entity:

• Inc.
• Incorporated
• Corp.
• Corporation
• LLP
• LP
• P.A. or P.C.
• Professional Association or Professional Corporation
• Non Profit Corporation

Far too many people rush the LLC formation process and then later want to change their Nevada LLC name. While you can change your LLC name later (by filing an amendment), the process can be a major pain in the neck. The reason why is that you’ll also need to change your Nevada LLC name with the IRS, the bank, and the Department of Taxation. For this reason, we recommend reading how to come up with a good business name and spending a few days to really think about your LLC name (so you don’t have to change it later).

Nevada LLC Name statutes: NRS 86.171, NRS 86.176, NRS 86.221

2. Nevada LLC Registered Agent

The Nevada Secretary of State requires you to list a Nevada Registered Agent in your LLC’s Articles of Organization.

A Nevada Registered Agent is a person or a company designated to receive notices from the state sent to your LLC, as well as any legal mail (called Service of Process) in case your business is involved in a lawsuit.

Your Nevada Registered Agent must have a physical street address located in the state (PO Boxes are not allowed) where Service of Process and other documents can be received.

Who can be your LLC’s Nevada Registered Agent?

You have 5 options:

• Option #1: You can be your own Registered Agent.
• Option #2: Your LLC can be its own Registered Agent.
• Option #3: You can list an office or position within your LLC as the Registered Agent.
• Option #4: A friend or family member can be your LLC’s Registered Agent.
• Option #5: You can hire a Commercial Registered Agent. Hiring a Commercial Registered Agent is a good idea if you want to keep your address off public records or if you don’t have an address in Nevada.

Commercial Registered Agent: If you want to hire a Commercial Registered Agent in Nevada, we recommend Northwest Registered Agent ($125 per year).

Northwest has been in the business for over 20 years and they have great customer support. Any mail that is sent to your Nevada LLC will be scanned by them and uploaded to your online account. They’ll also let you use their office address throughout your LLC filing in order to keep your address off of public records.

Nevada Registered Agent statutes: NRS 86.231, NRS 86.236, NRS 86.251

3. Nevada Articles of Organization, State Business License, and Initial List

The Nevada Articles of Organization is the document that officially forms your LLC, but there are other required filings as well.

Nevada LLC filing forms and fees: Articles of Organization ($75), State Business License ($200), and Initial List of Managers or Managing Members ($150).

See LLC Cost in Nevada for more info about LLC fees.

Method of filing: You can form an LLC in Nevada by mail or online; however, we recommend filing your LLC online since it has a faster approval time and the process is much easier.

File your Nevada LLC online: You have to create a SilverFlume account in order to file a Nevada LLC online.

Nevada LLC approval: Your Nevada LLC will be approved in 1 business day when you file online, but it can take 5-10 minutes more before your documents are available for download in your SilverFlume account (see the “Downloads” page). If you file by mail, your LLC will be approved in 3-4 weeks (plus mail time).

Once ready, you’ll see 3 documents available for download (which will be stamped and approved):

• Articles of Organization
• Initial List of Managers or Managing Members
• State Business License

4. Nevada LLC Operating Agreement

A Nevada LLC Operating Agreement is a written contract among the LLC Members that spells out who owns the LLC and how much of the LLC they own. Your Nevada LLC’s Operating Agreement will also document how the LLC is managed, how profits are split, how taxes are paid, and more.

An Operating Agreement should be put in place for both Single-Member LLCs and Multi-Member LLCs located in Nevada.

Having an Operating Agreement for your Nevada LLC helps prove that the company is a separate legal entity from yourself. This helps maintain the personal asset protection provided by your LLC and is very beneficial to have if you ever end up in court.

“Internal Document”: An LLC Operating Agreement is an “internal document”, meaning, you don’t have to send a copy to the Department of Taxation, the IRS, or any other government agency. You just need to keep a copy of the Operating Agreement with your LLC business records and give a copy to the other LLC Members, if applicable.

Download a Nevada LLC Operating Agreement: We provide free Nevada Operating Agreement templates that you can download on this page: Nevada LLC Operating Agreement.

5. Apply for an EIN for your Nevada LLC

A Nevada EIN Number is obtained from the IRS after your Nevada LLC is approved by the Secretary of State.

An EIN is also called an Employer Identification Number, FEIN, Federal Employer Identification Number, or a Federal Tax ID Number. They all mean the same thing.

It’s helpful to think of your Nevada LLC’s EIN Number as its “social security number”. It helps identify your LLC to the IRS for tax and filing purposes.

Your Nevada LLC’s EIN will also be used when you open an LLC bank account, register your LLC with the Department of Taxation, and to process employee payroll (if applicable).

How is a Nevada LLC taxed: The IRS doesn’t have a specific tax classification for LLCs and instead, a Nevada LLC can be taxed 4 different ways with the IRS; 2 of which occur by default (they occur simply by obtaining your LLC’s EIN), and 2 require a special election be made (a form must be filed after you obtain your LLC’s EIN). We recommend reading how is an LLC taxed before applying for an EIN for your LLC.

Wait for LLC approval: Don’t apply for an EIN until your Nevada LLC is approved by the Secretary of State.

An EIN is free ($0): The IRS will issue an EIN to your LLC at no cost.

Husband and wife LLC: If you are forming a 2-Member LLC in Nevada you can elect a special type of taxation called a Qualified Joint Venture. This allows a 2-Member LLC (owned by a husband and wife) to be treated as a Sole Proprietorship instead of a Partnership for tax purposes.

EIN Responsible Party: This will be the IRS’s “contact person” when you apply for your Nevada LLC’s EIN. If you have a Single-Member LLC, you will be the Responsible Party. If you have a Multi-Member LLC, any LLC Member can be the Responsible Party. For more information, please see EIN Responsible Party for LLC.

How to apply for an EIN: There are 3 ways to apply for an EIN for your Nevada LLC:

1. If you have an SSN or ITIN, you can apply for an EIN online
2. If you apply for an EIN online and you get an error message, you’ll need to apply for an EIN with Form SS-4 instead
3. If you don’t have an SSN or ITIN, you can still get an EIN for your LLC by following these instructions: how to get an EIN without an SSN or ITIN

6. Nevada LLC Annual Requirements

You’ll need to complete the following Nevada LLC Annual Requirements every year in order to keep your Nevada LLC in good standing:

• Renew your State Business License ($200 per year) and
• File an Annual List of Managers or Managing Members ($150 per year)

Mandatory: Both of these must be filed by all LLCs in Nevada, regardless of income or business activity levels.

Failure to meet the annual requirements will result in the Nevada Secretary of State placing your LLC into a “Default” status, and then eventually a “Revoked” status.

Due date: Both the Nevada LLC State Business License and the Annual List are due on or before the last day of your LLC’s anniversary month. The anniversary month is the month your Nevada LLC was approved. For example, if your LLC was approved on May 20th 2023, your State Business License renewal & Annual List will be due by May 31st 2024. Then every year going forward it will be due by May 31st.

How to file: You can renew your State Business License and file your Annual List each year inside your SilverFlume account.

Approvals: On the “Documents” page of your SilverFlume account, you’ll be able to download your new State Business License along with a filed and stamped copy of your LLC’s Annual List.

Nevada Annual Requirement statutes: NRS 86.263, NRS 86.276

7. Nevada Municipal and Regulatory Licenses and Permits

Aside from the State Business License mentioned above, your Nevada LLC may also need to apply for municipal (county or city), as well as regulatory licenses and/or permits. You must obtain any required Nevada Business License or Permit in order to operate legally.

Nature of business and location: These two factors will determine which licenses and permits your Nevada LLC may need to apply for.

Common Business Registration: This tool, located within SilverFlume, will help you determine the licenses and permits your Nevada LLC may need, and which municipality and regulatory agency you may need to contact.

After you complete the Common Business Registration, look towards the bottom of your SilverFlume Dashboard. In the “External Tasks” section, you’ll find the information for the municipalities and agencies you may need to contact. You’ll just need to call them, explain what your Nevada LLC will do, and ask them what licenses and/or permits are required.

If you need help making sure you obtain the proper licenses and/or permits for your Nevada LLC, we recommend using IncFile.

8. Nevada State Taxes

Every company has a different Nevada LLC Taxes situation, but we can provide an overview of the tax requirements.

Income tax: Typically, income taxes are paid on 3 levels:

• federal
• state
• local

(Unlike most states, Nevada doesn’t have a personal state income tax)

Federal income taxes: By default, a Nevada LLC is a pass-through entity which means the profits and losses of the LLC flow through and will be listed on your personal federal income tax return.

• If you have a Single-Member LLC taxed as a Sole Proprietorship, you’ll likely list your business income on a Schedule C as a part of your personal 1040 return.
• If you have a Multi-Member LLC taxed as a Partnership, you’ll need to file a 1065 Partnership Return, issue K-1s to each of the Nevada LLC Members, and then the LLC Members will include the K-1 income on their personal 1040 return.

The IRS doesn’t have a specific tax classification for LLCs, therefore, Nevada LLCs are taxed based on the number of Members they have. For more information, please read how are LLCs are taxed. Additionally, an LLC can elect to be taxed as an S-Corporation to save money on self-employment taxes.

Qualified Joint Venture: Since Nevada is a community property state, a 2-Member LLC owned by a husband and wife can elect to be taxed as a Sole Proprietorship (instead of a Partnership) by making a Qualified Joint Venture election with the IRS.

Sales tax: If your Nevada LLC will sell or transfer tangible personal property in the state, you’re required to collect sales tax. You can use the Common Business Registration (via SilverFlume) to register for sales tax.

Sales Tax Permit: If your LLC is required to collect sales tax, then your LLC also needs a Nevada Sales Tax Permit. The cost is $15 per location/storefront and this can also be obtained via the Common Business Registration inside of SilverFlume.

If you need help with your sales tax filings, we recommend using TaxJar.

Commerce Tax Return: All LLCs doing business in Nevada must file this return every year, however, only those businesses that earn $4 million or more must pay the tax. For everyone else, the return will just be “informational” (no tax will be paid).

Other taxes and filings: Your Nevada LLC may also be responsible for filing a Modified Business Tax, Unemployment Insurance tax, payroll taxes, and more.

Recommendation: You’ll need to speak with an accountant to determine all of your Nevada LLC’s tax reporting and filing requirements. Figuring out all of your tax filing requirements can be very complicated and if filed improperly, it can lead to penalties, fines, and interest. We recommend working with an accountant to make sure you properly meet your federal, state, and local tax obligations.

9. Nevada LLC Bank Account

Once the IRS has issued an EIN Number to your Nevada LLC, you can open a business checking account.

It’s best practice to have a business checking account for your Nevada LLC in order to maintain your personal liability protection. Using a personal bank account for your LLC is called “commingling of assets” and this can lead to personal liability issues if you end up in court.

Having a separate business bank account for your Nevada LLC also makes record-keeping easier for accounting and tax purposes.

Since banks in Nevada has their own rules and regulations, we recommend calling a few places to determine the following:

• minimum initial deposit
• minimum balance requirements
• monthly maintenance fees (if any)

Required Nevada LLC paperwork: In order to open a business bank account for your Nevada LLC, you’ll need to have the following:

• Articles of Organization (stamped and approved)
• State Business License
• Initial List of LLC Managers or Managing Members
• EIN Confirmation Letter from the IRS
• Photo ID (driver’s license and/or passport)
• Operating Agreement (it may not be needed, but it’s a good to bring anyway)

For more details: Please see the following article: business bank account for LLC.

LLC Members: If you have a Multi-Member Nevada LLC, all Members that want to be on the bank account should be present when opening the account.

Non-U.S. residents: If you are a non-US resident that has formed an LLC in Nevada, you can still open a U.S. business bank account. You can find more information here: opening an LLC bank account for non-US residents.

Debit card: The bank will give you a debit card when you open the account.

Credit card: You can also get a business credit card to earn points, miles, and other rewards.

10. Nevada Business Phone Number

Instead of giving out your cell phone number (or home telephone number), it might be a good idea to get a separate business phone number for your Nevada LLC.

We recommend getting a phone number from Phone.com. They have the most affordable plans and great customer support.

You can get a local Nevada telephone number or you can get a “1-800” number for your business. Phone.com lets you setup call forwarding to any number you like, create pre-recorded messages, and you can get your voicemails sent right to your email.

Getting a separate phone number for your Nevada LLC is also a good idea if you’d like to keep your actual phone number off of those annoying “public record” websites.

Nevada State Agencies

Nevada Secretary of State
Nevada Secretary of State website
Phone: 775-684-5708
Hours: 8am to 5pm Pacific Time, Monday through Friday

Nevada Department of Taxation
Nevada Department of Taxation website
Phone: 866-962-3707
Hours: 8am to 5pm Pacific Time, Monday through Friday

Matt Horwitz

Founder & Educator, LLC University®

Matt Horwitz has been the leading expert on LLC education for the past decade. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC that other companies weren't offering. 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.