Overview: How to form an LLC in Wyoming
Wyoming LLC Costs:
Formation fee: $100
Annual fee: $60 (if LLC has $250k+ in assets located in WY, then it’s higher)
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After you form a Wyoming LLC, you may need to obtain a business license and or permit for your business.
Your requirements are determined by the industry you are in and where your Wyoming LLC is located.
Not complying with license and permit requirements may result in penalties and fines.
Types of licenses & permits you may need in Wyoming
Below are some of the business licenses in Wyoming:
- Sales/use tax license
- General contractor’s license
- Food service license
- Liquor license
- Department of Agriculture or a local Health Department license
- Retail license
- Wholesale license
- Bulk deal license
- Motor vehicle dealer license
- Vehicle disposal license
- Cigarette wholesaler license
- Commercial vehicle license
- Special fuel license
Below is a list of industries that are required to obtain different types of business permits:
(full details are a few paragraphs below)
- Construction Contractors
- Consumer Credit
- Environmental Protection
- Fire Prevention
- Large-Scale Projects
- Non-Wyoming Businesses
- Foreign Corporations
- Public Land
- Wholesale and Retail Sales and Service Establishments
If you don’t want to make phone calls and determine your licensing requirements yourself, we recommend using IncFile.
Do it yourself research in Wyoming
No State Business License
Wyoming does not have a statewide general business license. Instead, licenses and permits are dictated by industry and profession, or by the location of your LLC.
Contact Your Local Officials
Call your city and check with your local requirements.
Here are some of the major cities:
- Green River
- Rock Springs
Here are some of the major towns:
If you can’t find your city, contact your county and then ask for your city’s contact information:
Licensing and Permitting
Business License FAQs from the Wyoming Economic Development Agency:
Contact Cindy Unger, the Business Outreach Coordinator:
You can also contact Cindy Unger by phone (307-234-6685) or by email (see image below). She’s the Business Outreach Coordinator at the Wyoming Business Council. She’ll be able to tell you what your license and/or permit requirements are. She’s available Monday through Friday from 8am to 5pm (Mountain Time). She’s very friendly and knowledgeable.
Business Permits by Industry
The Wyoming Department of Agriculture licenses and inspects several types of businesses. The Department regulates the business types listed below. Consumer Health Services can be reached at 307-777-7211 or on their website. Technical Services can be reached at 307-777-7324 or on their website.
Consumer Health Services:
- Bakeries and food manufacturing facilities
- Bulk water haulers
- Egg producers and dealers
- Bottled water producers
- Bed and breakfasts
- Food warehouses/food processors
- Food distributors
- Groceries-retail/convenience stores
- Swimming pools and spas
- Slaughter facilities/meat processors
- Custom processing and wild game processors
- Honey processors
- Day care providers (food service inspection only)
For assistance: you can contract the Consumer Health Services Representative in your county: http://agriculture.wy.gov/divisions/chs/contacts
- Commercial feed
- Commercial fertilizers and soil amendments
- Livestock remedies
- Seed dealers
- Nursery sales (greenhouse)
- Pesticide applicators and dealers
- Grain warehouses
- Weights and measures (scales, gas pumps, etc.)
- Aerial hunting
With the exception of electrical and water well contractors, all contractor licensing and permitting is mandated and issued on the local-level (city, town, and/or county) where the construction activities are taking place.
For full details, please reference Appendix E in the Licensing Guide.
The Banking Division of the Department of Audit (307-777-6605) is in charge of enforcing the Uniform Consumer Credit Code. This Code applies to consumer credit transactions made in the state. Businesses or professionals who want to charge interest on accounts receivable must register with the Division. The Banking Division also regulates the following activities:
- Finance companies
- Pawn shops
- Residential mortgage lenders, brokers and originators
- Rent to own businesses
- Post dated check cashing services
- Sales finance companies
- Money transmitters
The Department of Environmental Quality is responsible for most environmental regulations administered at the state level in Wyoming. The Department is organized into six divisions with field offices located throughout the state.
- The Water Quality Division governs any pollution of water and the treatment of wastewater.
- The Air Quality Division oversees emissions of air pollutants.
- The Land Quality Division operates mines and land reclamation programs.
- The Solid and Hazardous Waste Division regulates the operation of the landfills and hazardous waste facilities.
- The Abandoned Mine Land Division is responsible for mitigating problems caused by mine abandonment.
- The Industrial Siting Division oversees impact mitigation for large scale projects.
Oil and Gas Exploration:
No drilling or deepening of any wells shall commence until the Oil and Gas Conservation Commission (307-234-7147) issues a permit. Seismic exploration activities require approval from the Oil and Gas Conservation Commission. Before conducting any seismic activity, contact the Commission for information regarding permitting requirements.
New building construction plans and plans for remodeling over $25,000 must be reviewed and approved by the State Fire Marshal (307-856-8214) prior to beginning any work for the following types of buildings:
- Buildings and structures owned/leased by state or local government entities;
- All buildings for general public access that exceed 5,000 square feet total floor area (including basement), or exceed one story in height;
- Buildings used for child care centers for more than eleven children;
- Buildings used as public bars, lounges, restaurants, night clubs, lodge halls, theaters, churches, or public meeting places, regardless of size
Resident and non-resident businesses that desire to act as insurers and transact insurance in the state must be licensed with the Insurance Department (307-777-7401). Insurance companies are also required to meet capital stock, surplus, and minimum deposit requirements. Besides producers, the Insurance Department licenses the following activities:
- Bail bonds (in certain circumstances)
- Surplus line brokers
- Risk retention brokers
- Third party administrators
A large-scale project may be defined as a project that will employ more than two hundred fifty (250) persons for less than seven years, and will cost more than twenty-five million dollars ($25,000,000).
To insure that large-scale projects repay the Unemployment Insurance (U.I.) Trust Fund for costs that may be incurred, an Incremental Bond Payment may be required by the Unemployment Insurance Division (307-235-3203). Anyone employing more than 250 persons on a project when that employment is planning to be completed or discontinued within a period of seven years must notify the U.I. Division.
The Wyoming Industrial Siting Act is designed to facilitate impact mitigation which may result from the construction and operation of large scale industrial projects or commercial waste disposal operations. The Act addresses both the environmental and community impacts associated with these projects. Generally, any manufacturing, energy conversion, or mining facility with a construction cost in excess of one hundred seventy eight point three million dollars ($178,300,000) must obtain an Industrial Siting Permit from the Industrial Siting Division prior to commencing construction of the proposed facility. Any commercial waste disposal facility capable of receiving 500 tons per day of waste or any hazardous waste must obtain a permit. Also, any large scale commercial wind turbine electrical generating project must be permitted. A description of the permitting process and application requirements may be obtained by contacting the Industrial Siting Division (307-777-7555).
Businesses organized in a state other than Wyoming may be subject to special requirements prior to conducting business in the State of Wyoming. If you formed an LLC out-of-state, but want to do business in Wyoming, you’ll need to file a Certificate of Authority and pay the $100 filing fee.
Department of Employment/Non-Resident Employer’s Wage Bond:
Nonresident employers doing business in the state may be required to post a surety bond or other security approved by the Director to ensure payment of wages and workers’ compensation obligations. The minimum bond amount required is eleven thousand dollars ($11,000). The bond increases by $1,000 for each $10,000 increase (or portion thereof) in payroll. Surety bond forms and additional information may be obtained from the Department of Employment (307-777-5962).
Contractors’ Sales and Use Tax Bond:
A non-resident general or prime contractor constructing, altering, improving or repairing real property is required to post a bond with the Department of Revenue equal to four percent (4%) of the payments due to him/her under their contract for the services. Additional details may be obtained from the Department of Revenue (307-777-5200).
If a business activity will affect federal or state-owned lands, you must obtain approval from the appropriate land management agency. For federally owned lands, contact either the Bureau of Land Management (307-775-6256) for public domain or the National Forest Service for lands within a National Forest. Both of these federal agencies maintain several offices throughout the state.
Motor Carrier Laws:
The objectives of the Wyoming Motor Carrier Act are the promotion of highway safety, the collection of fair and adequate compensatory fees for the commercial use of highways constructed with public money, and the maintenance of a sound, well regulated transportation structure for the people of the state. This Act specifically applies to any person engaged in the for-hire transportation of persons or property by motor vehicles for compensation, and private motor carriers engaged in business that transport, without compensation, employees or property in the furtherance of a commercial enterprise. Under these circumstances, one is required to file for a certificate or permit as a motor carrier with the Department of Transportation (307-777-4835). A complete description of what the commercial carrier must do to operate legally in the state may be found at the following website: http://www.dot.state.wy.us/home/trucking_commercial_vehicles.html
Transportation Department Regulations:
The Wyoming Department of Transportation (307-777-4437) licenses and governs the following activities:
- Junkyard Control (State Right-of-Way Engineer, 307-777-4126)
- Outdoor Advertising and Access to Highway (Traffic Operations Engineer, 307-777-4374)
- Utility Crossings Across Right-of-Way and Encroachments (Utility Engineer, 307-777-4133)
Motor Vehicle Proportional Registration:
License plate registration of commercial vehicles is determined by vehicle use. For motor carriers operating commercial vehicles solely within the borders of the state of Wyoming, vehicle registration is secured at the office of the County Treasurer in the county of residence. A motor carrier that operates on an interstate basis may proportionally register his or her vehicles and secure the vehicle registrations at the Department of Transportation. In both cases, Wyoming Certificate of Title must be secured from the County Clerk in your county of residence. Payment of the heavy vehicle use tax to the Internal Revenue Service must be furnished before registration can be completed for vehicles with a taxable weight of fifty-five thousand (55,000) pounds or more. http://www.irs.gov/pub/irs-pdf/i2290.pdf. Further details about commercial vehicle registration may be obtained from: Local County Clerk’s Office or the License and Registration Program of the Department of Transportation.
The State Game and Fish Department (307-777-4600) is responsible for licensing businesses that involve Wyoming wildlife and habitat. Those businesses requiring registration include:
- Fur dealers
- Commercial fish hatcheries
- Game bird farms
- Bait dealers
- Fishing Preserves
Wholesale and Retail Sales
Sales tax is a tax imposed upon sales of tangible personal property and certain services rendered within Wyoming. As a rule, the retail purchaser pays taxes, but licensing, and collection of the taxes are the responsibilities of the “vendor” or seller. Complementing the sales tax is the use tax. This is a tax on the purchase of tangible personal property made outside a Wyoming taxing jurisdiction. When the purchaser in Wyoming uses the property, the purchaser becomes subject to a use tax within his or her own taxing jurisdiction. This use tax liability will be offset by any sales tax legally paid in another state. More details can be found from the Department of Revenue (307-777-5200).
If you need more information on the kind of business licenses and/or permits your Wyoming LLC may need, you can also read the state’s guide booklet. It contains information on several business licenses and permits needed in Wyoming, as well as the contact information of relevant local officials and government agencies.
If you prefer to save time, we recommend using IncFile.
After you’ve researched and obtained the proper licenses and permits for your Wyoming LLC, you can then proceed to the next lesson: Wyoming LLC Taxes.