How to Start an LLC in New Jersey (NJ LLC 2024) (original) (raw)
How to Start an LLC in New Jersey: If you’re looking to start an LLC in New Jersey, you’ve come to the right page. Setting up an LLC is easy and cost-effective. To form an LLC, you must follow a few steps that include naming your LLC, hiring a registered agent, filing your formation documents, doing the operating agreement, and finally obtaining the EIN. You can easily set up your LLC at a very low cost in New Jersey. Though, you must pay the mandatory state filing fee. These fees and charges can be tax deductible, making the LLC formation cost almost negligible.
On this page, You’ll find all the steps that must be taken to ensure that your New Jersey LLC has been correctly formed. We recommend you read the whole article very carefully, word by word, don’t miss anything 🙂
How to Start an LLC in New Jersey
An LLC (aka Limited Liability Company) is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection. For an LLC, members’ personal assets are not affected by business debts. However, in some cases, if the LLC is sued for business debts, courts might pierce the corporate veil and use the owner’s personal assets to meet their corporate liabilities.
If you wish to start an LLC, you must file your Certificate of Formation with the State and pay a filing fee of $125. While it’s the most important step, it’s not the only one. There are 5 other crucial steps to follow to get your LLC formed in New Jersey. Below are all 6 steps that explain everything you need to do to start a New Jersey LLC in 2024. Let’s get started! You can always hire a professional LLC formation service in New Jersey to set up your LLC instead of doing it alone; a Pro service will ensure everything is done properly.
Step 1: Decide a Name for Your New Jersey LLC
The first step while forming a limited liability company in New Jersey is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.
LLC Naming Guidelines in New Jersey
There are a few specific requirements all the LLCs in New Jersey have to follow while naming their Company. Some of the most important requirements are as follows:
- Your business name should be available, and no other existing business in New Jersey can have the same name. ZenBusiness offers unlimited business name searches without any hassle.
- “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
- You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
- Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by New Jersey State Government are fulfilled.
- (Optional) It’s better to name your business something for which your desired domain is available.
| Important Links – | Submit Offline Form to – |
|---|---|
| New Jersey Business Entity Search – Online Name SearchName Reservation Form – PDFName Availability Standards – GuidelinesNew Jersey LLC Name Search – Instructions | NJ Division of Revenue,PO Box 308, Trenton, NJ 08646 |
Reserve Business Name for Future
If you do not wish to file your LLC right now, but want to hold the name you have decided on, then you can reserve your LLC name for 120 days. To keep the name, you must file a name reservation application and pay $50 to reserve your name with the New Jersey Secretary of State.
Doing Business As (DBA) or Trade Name
Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the New Jersey Secretary of State by submitting an Application for Registration of Alternate Name in New Jersey along with the filing fee of 50∗∗(bymailandnotarized)and∗∗50 (by mail and notarized) and 50∗∗(bymailandnotarized)and∗∗58 (in-person and notarized)
Recommended: You can do name search, business domain, website, emails, and a lot more in one place by hiring a professional service. We recommend using –
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ZenBusiness – ($0 for LLC Formation)
Apart from LLC formation, ZenBusiness offers customized website templates and business emails at a very reasonable price. If you plan to get a website, then it is wise to have a “.com” domain for your business, but these days you can also use other TLDs like “.io”, “.company”, “.xyz,” etc. Here you can get everything you need for your business in one dashboard.
Do I have to include LLC in my company email/domain?
It is not legally mandatory to use the word LLC in your domain name or email. If you want you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.
Step 2: Assign a Registered Agent in New Jersey
The second step to forming an LLC in New Jersey is to appoint a Registered Agent. A registered agent is a person or business entity working on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in New Jersey. Hence, hiring a competent New Jersey Registered Agent for your LLC is necessary.
Make sure your registered agent is a resident of New Jersey or has a physical street address. This address will be used as the principal address of your LLC to receive any legal documents. Most LLC formation companies also provide registered agent services. Below are two great LLC formation services; even if you buy their cheapest plan (normally $49/year), you also get registered agent service and other services at a very reasonable price.
| LLC Service | Our Rating & Pricing | Top Features | Learn More |
|---|---|---|---|
#1 TOP PICK |
4.5/5 $0 + State Fees | 100% accuracy guarantee Worry-free service Great customer support | Learn More |
| |
4/5 $0 + State Fees | Free LLC Formation Affordable Add-on services Other business solutions | Learn More |
These two are our top recommendations for registered agent service, as they are competent and authorized to conduct business in New Jersey. Some LLC formation services also offer standalone New Jersey registered agent services. You can purchase only Registered Agent services without purchasing any other LLC formation services. This standalone service might become handy if you are doing it yourself and don’t want to disclose your home address or you don’t want to pierce the corporate veil.
Who Can Be a Registered Agent?
A person above 18 years of age and has a physical address in the state of New Jersey can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One is responsible for handling all the legal documents on the LLCs behalf.
Can I Be My Own Registered Agent?
Yes, you can be your own registered agent if you are a resident of the state of New Jersey and you are above 18 years of age. To become a registered agent, you must have the authority to conduct any type of business in New Jersey.
Why Shouldn’t I be My Own Registered Agent?
There are a few reasons why you shouldn’t be your own registered agent. The address of the registered agent is used to communicate with the SOS or for any legal activities. If you are your own registered agent, you might have to upload your personal address to the public forum. Besides, the registered agent must be at the address during business hours. It won’t be easy for you as you also have to take care of other things in your LLC. Hence, it is wiser to appoint a separate entity as your registered agent.
What is Piercing the Corporate Veil in LLC?
If an LLC is sued in New Jersey, in some cases, courts might decide to lift the corporate veil, which means the owners of the LLC will be personally liable for their business debts. They might have to forgo their personal assets to repay their business debts. This is called piercing the corporate veil, where personal and business assets are not separated anymore. Your personal assets can be protected if you have enough capital and all your LLC documents are properly filed.
Step 3: File Certificate of Formation in New Jersey
The third and most important step in forming an LLC is to file the Certificate of Formation. This New Jersey Certificate of Formation is a legal document that is required to register your business with the New Jersey Secretary of State It costs $125 (by mail and online) to file your formation certificate in New Jersey.
The Certificate of Formation includes details like the name of the LLC, the registered agent’s name, address, employees’ details, and the company’s structure (member-managed or manager-managed). Before hiring employees in New Jersey LLC, one should know the rules and regulations thoroughly. Also, if you are expanding your existing business (an LLC) in other states to New Jersey, you must register as a New Jersey Foreign LLC.
How to File Online
Go to the Secretary of State Online Service. You will get the online service page. You do not need to log in or register to file your LLC. You can directly start filing your LLC by clicking on the “Online Filing” button below. Read more about the New Jersey Certificate of Formation for online registration.
Processing Time: Normally, it takes around 5-7 business days (approx) to get your LLC formed in New Jersey. The processing time for online filing might be a little faster than offline filing. With an additional cost, you can get expedited filing as well. However, the document processing time can be changed due to various factors.
Recommended: Online LLC Formation service can provide all these documents way faster than usual time with lifetime customer support and 100% accuracy. We recommend using –
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Every LLC owner has to pay the filing fees to register their business in New Jersey. This fee is mandatory but also tax deductible. If you’re doing it yourself (filing on your own), it will not cost you any additional service fee. However, it is not feasible to do that as the DIY process might be delayed, complicated, and messy, especially if you’re a novice entrepreneur. Hence, it is recommended to get professional guidance to get your LLC formed in New Jersey.
Step 4: Register Business for Tax & Employer Purposes
In New Jersey, all the LLCs are required to register with the New Jersey Division of Revenue and Enterprise Service within the first 2 months (60 days) of the LLC formation. This is mandatory because only after the registration, LLCs will be able to receive the New Jersey Tax Identification Number. It allows the LLC to receive returns and notices. The registration process is available online, by mail, and by in-person drop-off.
There is no registration fee applicable in registering the business for tax and employer purposes in New Jersey. Once the form is submitted, the registration process starts.
Mail to:
New Jersey Division of Revenue
P.O. Box 252 Trenton,
NJ 08646
Submit In-Person:
New Jersey Division of Revenue
33 West State Street Trenton,
NJ 08608
Step 5: Create Your LLC Operating Agreement in New Jersey
Moving on to the fourth step, filing your operating agreement. An operating agreement is an internal document that legally outlines the proprietorship and operating procedures of your LLC. If you’re starting an LLC with your spouse/real-life partner, you must need an operating agreement for that. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.
When it comes to filing a New Jersey LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation that helps in taking future business decisions, especially if you decide to dissolve New Jersey LLC later. Hence, having an operating agreement may not be necessary, but it is surely ideal.
Recommended: You can get a professionally made operating agreement for very less cost with ZenBusiness. You don’t need to worry about drafting it as they will take care of it on your behalf. We recommend using –
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The operating agreement draft can be created for free if you don’t hire a professional. However, there is an advantage to appointing a proficient person/service. You will get a businesslike quality operating agreement at a very cheap fee, which will help you in the future. Hiring a professional service means you can sleep well at night 🙂
Step 6: Filing a New Jersey LLC EIN
The Employer Identification Number (aka EIN) is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business, for that matter.
An EIN number in New Jersey is needed when the LLC hires employees. Hiring employees in New Jersey LLC requires following specific rules and regulations. On the other side, EIN for New Jersey foreign LLC should be obtained if your LLC is based in other states.
To obtain EIN (aka FEIN), one must fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally, complete the form and send it to the address given. You can also get an EIN Assistant to help you with the process.
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999
Fax: (855) 641-6935 | Fee: Free
Recommended: This hassle will be reduced when you hire an LLC formation service. They take care of obtaining EIN and all other things for your LLC. We recommend using –
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Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.
Congratulations, you are now done with all the necessary steps to form your Limited Liability Company in New Jersey. If you do it yourself, it should take you a long time to understand and do all the steps properly.
However, if you use ZenBusiness, it should be way faster. You will always have a live chat option and phone support with experts for any help you need. Their worry-free service will make things easier for you.
After Starting Your New Jersey LLC
After forming your LLC, there are still some things that you will need. The most important thing is to separate your business and personal assets. LLCs have limited liability protection that protects your personal assets from business liability. This is called a corporate veil. However, the corporate veil can be lifted or pierced by the court if the LLC is sued. In that case, the owners of the LLC become personally liable for their corporate debts. A few things like appointing a legit registered agent, having enough capital, and filing all the major documents with the state can save the LLCs from being pierced into the corporate veil.
BOI Report Filing
According to the Corporate Transparency Act, every LLC, corporation, and other type of business that is registered with the New Jersey SOS or similar authority, must file the BOI report with FinCEN. From January 1, 2024, it is mandatory to file a BOI report for every business entity. In this report, LLCs have to share information about the beneficial owners (having equal or more than 25% share). LLC owners can file BOI reports online or offline.
LLCs in New Jersey that are created before January 1, 2024, should file their BOI report by January 1, 2025. LLCs that are created in 2024, must file the BOI report within 90 business days of finishing the LLC formation process. Missing out on filing the BOI report may lead to a monetary penalty of $500/day.
Apart from that, there are a few things you need to take note of,
- Get a company business bank account. Along with that, other business accounting tools such as business credit cards, business accounting software, and other business accounts are required.
- File New Jersey business permits & licenses. Business owners have to get business licenses and permits. For example, Health permits, signage permits, building permits, and some other types of business permits can be obtained.
- Get general liability insurance and professional liability insurance with coverage for employees. There are different types of business insurance available. Depending on the requirement, you need to find a suitable business insurance provider. A business insurance provider guides you through which types of insurance you need for your LLC.
- File a New Jersey LLC annual report or biennial report
This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings, to make sure your LLC is up-to-date.
The LLC formation processing time in New Jersey is 5-7 business days if filing offline (by mail). The process takes 1 business day if filed online. Check how long it takes to form an LLC to know about the tentative timelines.
Cost of Starting an LLC in the State of New Jersey
LLCs can be formed by sending very less price, considering they have a pass-through taxation. Apart from the mandatory state filing fees, you don’t have to bear additional service charges if you do it yourself. Following are the fees and taxes LLCs in New Jersey must pay to register and run a business in the state. Forming an LLC is no doubt cost-effective compared to other business structures. However, the fees and charges (tax-deductible) that you must pay to the state, such as name reservation fee, name filing fee, LLC filing fee, and Franchise Tax & Sales Tax (If applicable). Here are the main fees and taxes you must pay while forming your limited liability company in New Jersey,
| Fees/Tax | Amount to be Paid |
|---|---|
| Name Reservation Fee (online) | $50 |
| Certificate of Formation Fee | $125 (by mail and online) |
| LLC Annual Fee | $75 |
| Sales Tax | 6.625% |
In New Jersey, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, you can do that online. Your LLC name will be reserved for 120 days without registering your LLC. It can be renewed by paying $50.
In New Jersey, an Annual Report has to be produced every year. It costs $75. Also, the State of New Jersey requires LLCs to pay a Sales Tax of 6.625% yearly. Read our guide on LLC costs in New Jersey for more information.
New Jersey Foreign LLC
If you are interested in forming a Foreign LLC in the state of New Jersey, then you need to file the Certificate of Foreign LLC to the New Jersey Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc., to the New Jersey SOS to form your foreign LLC in the state of New Jersey. To know more in detail, check out our guide on New Jersey Foreign LLC.
Reasons to Start an LLC in New Jersey
If you look at the top options for establishing a new business, New Jersey’s name will be in the top few options. The reason behind this is the lucrative offerings that the government of the state provides. Business funding options, reductions in tax liabilities, minimum state tax, and line of credit are some of the benefits NJ offers. Read more on New Jersey’s classification of LLC tax.
Having an LLC brings limited liability protection, which protects the owner’s assets. Besides, starting a business in New Jersey can help you earn incentives and tax benefits. For example, if you run a woman-owned business, you can get additional provisions for business funding. Not only the woman-owned business but also there are other business types that can enjoy a reduction in tax liabilities and easy business loans. In New Jersey, it is quite easier to get professional liability insurance which will provide professional asset protection along with personal liability protection. New Jersey has some leveraging benefits from others that are discussed below. So, let’s have a look.
Well Educated Labor Market
It is an absolute fact that when business people start an LLC in the state of New Jersey, then the opportunity for employment increases in that state. According to New Jersey universities’ research and data, the number of degrees awarded in the state is the highest, and no other state has reached that number. The workforce that an LLC will get in New Jersey is well educated, which is better for LLC growth.
Such a workforce will have a higher knowledge of modern resources and a comprehensive understanding of business and are prepared to face the industry from the time of universities.
Sales and Use Tax Exemption Program
The STX program in New Jersey is one of the significant advantages that every LLC enjoys. It is a sales tax exemption program in which you can enroll the business, those who are making a renovation or construction on their property to expand the company. LLCs buying property for their organization is also eligible for STX Program. It will be valid until the LLC buys building materials, furniture, furnishings, fixture, etc., material for their company. Once it is all done, then the exemption will be removed.
Premier Lender Program
Starting a business is a huge task, and if there is a limitation on funding, then it seems impossible for a person to proceed. But in the Premier Lender Program started for LLCs in the state of New Jersey, a person can hold the helping hand of the New Jersey government. It is a financing option provided to businesses for which the cost is meager. One only has to show an asset, and against that, they can receive a loan of amount 2millionor,insomecases,upto2 million or, in some cases, up to 2millionor,insomecases,upto1.5 million, depending on the asset and business plan.
Best Businesses in New Jersey
Before you form an LLC in the state of New Jersey, you should gain complete knowledge of the state. You should know the top businesses operating in the state and how much they contribute to the state economy? If you already have the information, it is good; otherwise, you must read the information below.
Pharmaceuticals
The life sciences industry is growing ever since in the 4th smallest state of the USA. The sector consists of 3 sub-sectors: Pharma itself, the research sector of biotechnology, and the development of medicine. The development of the industry is perfectly depicted by the 118.000 employees that are working in the industry.
Some of the big bulls of the sector in New Jersey state are Johnson and Johnson, Bayer Healthcare, and 21 other Fortune 500 companies. The contribution of this sector is around $45 billion to the state GDP.
Financial Services Business
With an Annual contribution of $31 billion, the sector has shown significant growth in the sector. Currently, 11,400 firms operate in the country that offers finance to new businesses, helping people with their financial chores like tax-paying and business returns and insurance companies.
The reason behind so many financial companies operating in New Jersey despite their small size are cheap yet prime real estate, affordable cost of living, and a considerable low taxation amount business has to bear.
Transport and Logistics
The supporting sector of manufacturing has eventually become the most significant contributor to the state’s economy. The state’s road network is very dense, and the seaport is also the second-largest, making it a prime location for logistics. More and more e-commerce companies are opening their fulfillment centers in the state now, in which Amazon is also one. With the increasing demand for e-commerce, the contribution of this sector is now $20.42 billion.
Some small businesses that have worked well in the state are:-
- Fulfillment business
- Shipping company
- Online resume writing
New Jersey LLC Formation Review
Time needed: 5 minutes
Just to recap, here are the easy steps again when forming an LLC in New Jersey. Click on the steps in this list to read the full detail.
- Name your New Jersey LLC
The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
- Choose a Registered Agent
In New Jersey, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services to get things done hassle-free.
- File a Formation Certificate
Filing a formation certificate is necessary when forming a Limited Liability Company in New Jersey. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
- Register Business for Tax
Registering business tax allows the LLC in the state of New Jersey to receive a tax identification number. Every LLC has to register the business tax,
- Create an Operating Agreement
An operating agreement is not a strict requirement in New Jersey but something encouraged when you start an LLC to avoid future conflicts.
- Get an EIN
The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
Things to Consider While Starting an LLC in The State of New Jersey
In this article, I have already shared the basic steps to starting your LLC. However, there are some additional steps that one has to think about. The first thing is a business plan. A proper business plan is a must, no matter what type of business you’re going to start. As you get your plan done, the next thing would be to check on the funding, business expenses, and other business accounts.
After that, the next big thing is LLC names. When you name your business, make sure to follow the guidelines. Now, you may have a lot of business name ideas. However, it is not enough to have business name ideas; you have to select one that is suitable for your company as well as available to use. Besides, you can use it as your business website domain name. If you hire a formation service, they will provide a business name reservation service with their formation package. They might help you with the business website domain name as well.
Once the LLC is formed, now it is time for some filings. There will be tax filings, amendment filings, and other government filings. If you hire a formation service, then they might provide an amendment filing service. You must be aware of the upcoming filing deadlines to avoid late filing fees Tax filings are extremely important to be done on time. Make sure to add tax amounts and fees to your estimated business expenses while making your plan.
A single-member LLC is taxed as a sole proprietorship, no matter what the business structure is. But, there is no double taxation in the Limited Liability Company, LLC. LLC owners can only pay federal income taxes on the basis of their personal income, not on the basis of LLC revenue.
Depending on the business type, you can apply for lines of credit. Also, your business credit score will help you get more options in lines of credit. As I mentioned, you need to get business credit cards and other business cards. It also helps you update your business credit score. Apart from that, your business bank accounts, personal assets, social security number, and some other things should be there to run your business with ease.
At the time of obtaining licenses, details of business licenses before you explore the business insurance companies. Also, check the business profiles and fees for business licenses. It is mandatory to know the details of business insurance for legitimate businesses. The same applies to types of business insurance you’re getting. Depending on types of business entities, you can get insurance.
Apart from the points above, you need to have compliance checklists, tax classification options, ways to get more potential customers, and an NJ LLC operating agreement. However, this document is not mandatory but is one of the critical documents such as formation documents. It not only defines the ownership percentage but is also helpful for future business partners. You can check the operating agreement guide for more details.
These are broad steps to follow while starting your LLC. Hiring a professional is recommended as they can provide additional resources, help with a customizable template for an operating agreement, banking resolution template, domain name search tool, formation & dissolution process, and other informational resources. The professional registered agent for service of process can handle all the legal notices, notice of lawsuits, and other official government documents and binding documents. LLCs with employees must follow some default rules bringing long-lasting benefits to the business.
F.A.Qs
Can I file an LLC in New Jersey by myself?
If you are a resident of New Jersey, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.
What is the cost of forming an LLC in the state of New Jersey in a year?
Apart from the formation fee of 125(domesticLLC)and125 (domestic LLC) and 125(domesticLLC)and125 (foreign LLC), LLC costs in New Jersey include $75 for Annual Reports every year. LLCs are liable to pay sales tax of 6.625% every year.
How long does it take to get an LLC in the state of New Jersey?
It takes 5 to 7 business days to get an LLC in NJ if you file it online or via mail. If you hire a professional LLC service, then it might take less than that. We recommend TailorBrands, which has an impeccable turnaround time.
How to renew my LLC in the state of New Jersey?
Every year all the LLCs have to submit an Annual Report and pay $75 to the New Jersey Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.
What is the tax structure for an LLC in the state of New Jersey?
Generally, for the LLCs, it is a default tax structure. Once you will obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the New Jersey Classification of LLC Tax.
In Conclusion
When it comes to forming an LLC in New Jersey, it is much simpler than other business structures. In New Jersey, starting a small business or a start-up is easy because of its diverse resources. For small budget holders, forming a limited liability company is desirable. The steps explained in this article are generic steps for starting a business in New Jersey. It is recommended to consult an attorney or service provider.
In New Jersey, while establishing an LLC, make sure you check with the local bodies like the city council and district office to get updated with local regulations. We recommend ZenBusiness, one of the best LLC services that offers LLC formation at $0 (+ state filing fees). Hiring a professional service would make things easier. From having a registered agent to complying with the local and state government, everything will be smoother than doing things all by yourself.