Forming a limited liability company (LLC) in Wisconsin has many benefits. This legal business structure combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. You can also limit your personal liability for business debts by creating an LLC.
Here are the steps you need to take to form an LLC in Wisconsin. For more information on how to form an LLC in any state, see our article on how to start an LLC.
As you begin to form your LLC, you'll need to choose a name for your business. You'll need to follow Wisconsin's LLC laws around what you can and can't name your LLC.
LLC name must be distinguishable. The name of your LLC must be distinguishable from the names of other business entities already on file with the Wisconsin Department of Financial Institutions (DFI). In other words, your business name can't be the same as another business's name. You can check which business names are available on the DFI's corporate records. (Wis. Stat. § 183.0112 (2024).)
LLC name must include an entity designator. Under Wisconsin law, an LLC name must contain the words "limited liability company" or "limited company," or the abbreviation "LLC" or "LC." You can also abbreviate the words "limited" as "ltd." and "company" as "co." (Wis. Stat. § 183.0112 (2024).)
Name reservation. If you want to claim a name for your LLC but aren't ready to register your business yet, you can reserve your business name until you're ready to file. You can reserve a name for 120 days by filing a Name Reservation Application (Form 1) with the DFI. (Wis. Stat. § 183.0113 (2024).) As of 2024, the filing fee is $15 to reserve an LLC name. You can't file the application online. You can renew your name reservation.
Every Wisconsin LLC and foreign LLC doing business in Wisconsin must have an agent for service of process (called a "registered agent") in the state. A registered agent is an individual or business entity that agrees to accept legal papers on the LLC's behalf if it's sued.
The agent can be a Wisconsin resident or a business entity authorized to do business in Wisconsin. The registered agent must have an email and place of business in Wisconsin.
(Wis. Stat. § 183.0115 (2024).)
A Wisconsin LLC is created by filing articles of organization with the DFI. The articles must include:
(Wis. Stat. § 183.0201 (2024).)
You have the option of also indicating whether the LLC will be member-managed or manager-managed.
You can file the articles online at the DFI website or by mail by submitting Form 502. As of 2024, the fee to file the articles by mail is $170 and $130 to file online.
You're not required to have an operating agreement for your LLC in Wisconsin. But it's a good idea to create one. The operating agreement is the primary document that establishes the rights, powers, duties, liabilities, and obligations of the members among themselves and to the LLC. (Wis. Stat. § 183.0105 (2024).)
The operating agreement is purely an internal document. You don't have to file your agreement with the DFI. If an existing or newly-created LLC doesn't adopt an operating agreement, its existing articles of organization and state law will govern the LLC.
For help creating an LLC operating agreement, check out Form Your Own Limited Liability Company, by Anthony Mancuso (Nolo) or use our online LLC formation service.
Other tax and regulatory requirements might apply to your LLC. These additional requirements include:
EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for it only if it'll have employees or you elect to have it taxed as a corporation instead of a sole proprietorship (disregarded entity). You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.
Business licenses. Depending on your LLC's business activities and location, your LLC could need to obtain other local and state business licenses. For local licenses, check with the clerk for the city where the LLC's primary place of business is located (or county if it's in an unincorporated area). For state license information, consult the Wisconsin Department of Safety and Professional Services website. For more information, see our article on how to get a small business license.
Wisconsin Department of Revenue. In some cases, for example, if you have employees or will be selling goods and collecting sales tax, you'll need to register with the Wisconsin Department of Revenue (DOR). You can register your business online using the DOR's My Tax Account (MTA) or on paper using Form BTR-101, Application for Business Tax Registration. For more information on state LLC tax registration, check out our article on LLC annual report and tax filing requirements in Wisconsin.
Here are some other questions you might have about your Wisconsin LLC.
If you're just starting your business or have already been operating as a sole proprietor, you should consider forming an LLC. LLCs limit an owner's personal liability for business debts and lawsuits and offer a lot of flexibility when it comes to ownership, management, and taxation of the business.
To learn more about LLCs and decide if it's the right business structure for you, see our article on LLC basics.
Below are the fees (as of 2024) you might need to pay to form your LLC in Wisconsin:
Filing on your own is often the cheapest option, but completing all of the forms and filing them yourself can be complicated. Hiring a lawyer is another option, but it will often cost you hundreds, if not thousands, of dollars in the process. If you'd like help completing all the filings, try our online LLC formation service.
To learn more about the costs associated with forming and running an LLC, see our article on how much it costs to form an LLC.
Yes. Every domestic and foreign LLC transacting business in Wisconsin must file an annual report with the DFI. The annual report is due at the end of the calendar quarter of the anniversary month of the LLC's formation. For example, an LLC formed on July 15 must file the report by September 30. Depending on which month you filed your articles of organization, your due date will be March 31, June 30, September 30, or December 31. (Wis. Stat. § 183.0212 (2024).)
You can file your report online or by mail using Form 5. The DFI will send a notice to your LLC's registered agent with instructions on how to complete the online filing. As of 2024, the fee to file an LLC annual report is $25 if filed online and $40 if filed by mail.
Apart from annual reports, your LLC will need to file and pay applicable taxes to the local, state, and federal governments. In addition, your LLC might need to obtain and periodically renew any required general or special business licenses or permits. You'll be responsible for keeping track of these maintenance requirements to keep your LLC in good standing and legally compliant.
Starting in 2024, all LLCs were previously required to submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury. However, in March 2025, after some constitutional challenges, FinCEN revised the BOI reporting rule so that the requirement only applies to companies created outside the U.S. So, if you form your LLC within the U.S., then you no longer need to worry about the BOI reporting requirement.
You're not required to have an operating agreement in Wisconsin but it's highly advantageous to have one. An operating agreement will help protect your limited liability status, prevent financial and managerial misunderstandings, and ensure that you decide on the rules governing your business instead of state law by default.
To do business in Wisconsin, all LLCs organized outside of the state must file a foreign registration statement with the DFI. Foreign LLCs must appoint a registered agent for service of process. The agent can be a Wisconsin resident or a business entity authorized to do business in Wisconsin. (Wis. Stat. § 183.0903 (2024).)
To register, file a Foreign Registration Statement (Form 521) with the DFI. As of 2024, the filing fee for a foreign registration statement is $100.
Before filing, make sure the LLC's name is available in Wisconsin by checking the state's corporate name database. If the name isn't available in Wisconsin, you should obtain a fictitious business name for use in the state and register with that name. To register your fictitious name in Wisconsin, file a Foreign Name Registration Application (Form 1R) with the DFI. As of 2024, the fee to register a fictitious name is $50. (Wis. Stat. § 183.0906 (2024).)
A foreign LLC must file a new name registration application every year. All foreign LLC name registrations expire on December 31 of each year. A renewal application must be filed between October 1 and December 31. The application procedure and filing fee for a renewal is the same as for an original application, except that it's indicated as a renewal.
See how to qualify to do business outside your state for more details.
Yes. For most formation purposes, a Wisconsin single-member LLC is considered the same as a multi-member LLC. The steps to form a single-member LLC in Wisconsin are the same as those listed above.
Single-member LLCs do have additional flexibility when it comes to filing a tax return. To learn more, see our article on how single-member LLCs pay federal income tax.
If you provide a licensed professional service in Wisconsin, you can form a service corporation (called a "professional corporation" in other states). Wisconsin doesn't recognize professional LLCs.
Examples of professional services include architects, attorneys, dentists, certified public accountants, and more. Generally, if you provide a service that requires a Wisconsin state license, certification, or registration before practicing, then you provide a professional service.
(Wis. Stat. §§ 183.1901 and following (2024).)
If you want to close your business, then you'll need to properly dissolve your LLC to limit your liability for lawsuits and government fees. To dissolve an LLC in Wisconsin, you should:
(Wis. Stat. §§ 183.0701 and following (2024).)
You'll also need to close your tax accounts and take any other steps necessary to close out your business. See our article on what you need to do when closing your business for more in-depth information and guidance.
Wisconsin has a lot of state resources to help small business owners get started. The DOR's starting a business webpage guides you through the online business registration process and has links to business resources. You can find links to the:
If you want personalized, professional help when creating your LLC, talk to a Wisconsin business lawyer. They can help you file your formation paperwork, draft your governing documents, and apply for the necessary licenses and permits.
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