How start an LLC in Oklahoma in 2024
Updated 1:30 p.m. UTC May 23, 2024
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Oklahoma’s small businesses are a critical part of the state’s economy. These small but mighty enterprises make up 99.4% of the state’s businesses as a whole, employing more than half the workers here. If you’re thinking about launching a small business in Oklahoma, a limited liability company (LLC) can offer liability protection to you and your members and tax savings.
Here are the eight steps to form an LLC in Oklahoma:
- Choose a name for your LLC
- Choose a registered agent
- File your LLC articles of organization
- Apply for an employer identification number (EIN)
- Register with the Oklahoma Tax Commission
- Apply for required licenses and permits
- Create and sign an operating agreement
- File an annual certificate
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8 steps to start an LLC in Oklahoma
1. Choose a name for your LLC
To choose a name for your business, come up with a handful of appropriate names. As you do, incorporate Oklahoma’s naming guidelines.
Next, run your names through the Oklahoma Secretary of State business entities name availability tool to determine which ones are available for use. If a name you’ve chosen appears in this database, you must use another one. If none of the names you’ve chosen are available, refer back to Oklahoma’s naming guidelines for instructions on how to tweak one of your preferred names to make it unique. Or, choose a different name.
Normally, you would register the name by submitting articles of organization to the Oklahoma Secretary of State. However, if you are not ready to take this step, you can reserve your name for 60 days. To do so, visit the Oklahoma Secretary of State entity filing page and select “name reservation” at the bottom of the page. Follow the prompts to reserve the name and pay the $10 name reservation filing fee.
2. Choose a registered agent
All Oklahoma LLCs are required to have a registered agent. A registered agent is tasked with receiving official legal and tax correspondence for your company — like statements and notifications from the IRS, Oklahoma Secretary of State or Oklahoma Tax Commission.
Our registered agent guide offers more information about a registered agent’s responsibilities and your options for fulfilling this requirement. If you determine it’s best to hire a registered agent, check out our best registered agent services list to find the best fit for your business needs.
3. File your LLC articles of organization
At this point, you are prepared to legally form your LLC with the Oklahoma Secretary of State. To do so, use the Oklahoma business entity filing online system. Select “domestic limited liability company” and follow the prompts to register your business and pay the $100 filing fee. Our LLC articles of organization guide provides information on how to fill out this form.
In return, the Oklahoma Secretary of State will issue you a certificate stating that your LLC is legally formed and in active status with the state. If you would like a certificate of good standing, you can fill out a request form and pay the $20 filing fee.
New LLC reporting requirement alert
The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new reporting requirement for all non-exempt LLCs starting on January 1, 2024.
The requirement is called the Beneficial Ownership Information (BOI) report and it is estimated to only take about 20 minutes to complete.
Here’s what you need to know:
- LLCs formed before January 1, 2024 have until January 1, 2025 to file.
- LLCs formed between January 1, 2024 and January 1, 2025 have 90 days to file from the confirmed date of the businesses’ registration.
- New LLCs formed after January 1, 2025 will have 30 days to file from the confirmed date of formation.
For all details, FAQs and to file, visit FinCEN’s BOI website.
4. Apply for an EIN
An employer identification number (EIN) is a number issued by the IRS to identify your business. Most LLCs need an EIN to hire employees or complete basic business tasks, such as opening a business bank account, paying business taxes, accessing business funding and applying for business permits and licenses.
You can apply for an EIN from the IRS for free using its EIN assistant portal from Monday to Friday between 7 a.m. and 10 p.m. EST. You’ll receive your EIN immediately after submitting your application.
5. Register with the Oklahoma Tax Commission
LLCs are pass-through entities, meaning most taxes are paid on members’ personal income tax returns. However, some taxes must be paid by the LLC to the Oklahoma Tax Commission. For example, if you sell products or offer services in Oklahoma, you’re likely required to charge, collect and pay sales and use taxes. And if you have employees, you must pay tax withholdings from employees’ wages.
To pay such taxes, create an account with the Oklahoma Tax Commission. Once you’re registered, you’ll be assigned an account number for each tax account you must maintain. Use these account numbers to pay your applicable LLC taxes.
You can learn more about state tax accounts in our state tax ID number guide.
6. Apply for required licenses and permits
The state of Oklahoma doesn’t require a general license to start a business. However, specific types of businesses or occupations might need a license or permit to legally operate. In Oklahoma, these include:
- Roofing contractors.
- Retail businesses.
- Building and general construction contractors.
- Restaurants and bars.
- Wholesalers.
- Restaurants or entities that sell beer, wine or mixed drinks.
- Auctioneers.
- Home health care companies.
- Consumer credit service providers.
- Transportation providers.
- Fitness, health, personal trainer or massage businesses.
- Photography services.
To find out more about state and federal business licenses and how to obtain them, read our business licensing guide.
7. Create and sign an operating agreement
A written operating agreement is a legally-binding document among your LLC members that outlines the LLCs financial and operating procedures; basic information about the LLC and members’ duties, rights and protections.
While this document is not legally required in Oklahoma, we strongly recommend that every LLC create and sign one. Once finalized, this document helps to protect your members’ limited liability if the LLC is ever sued, resolve member disputes that may otherwise lead to the LLCs dissolution, and override state LLC operating rules that may contradict your LLC’s or its members’ interests.
9. File an annual certificate
An annual report (called an “annual certificate” in Oklahoma) updates the state on key information about your business, such as its contact information. All Oklahoma LLCs must file an annual certificate every year by the anniversary date of its initial registration. For example, if you officially registered your LLC on November 15, then your annual certificate is due every year by November 15.
You can submit a limited liability company annual certificate and its $25 filing fee online through the Oklahoma Secretary of State’s website. If you do not file this annual certificate, you risk automatic dissolution of your LLC.
Our annual report guide provides more information on how to prepare and file this form.
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Find the best LLC services for Oklahoma: Best LLC formation services
Frequently asked questions (FAQs)
No, you cannot set up an LLC for free in Oklahoma. Here are some likely costs to start your LLC:
- A $10 business reservation fee.
- A $100 articles of organization filing fee.
- A fee to hire a registered agent ($0 to $300 per year).
- A $25 annual certificate filing fee.
- A fee to consult with a business attorney (estimated $69 per hour, on average).
LLCs are pass-through entities, meaning that profit taxes pass through the entity and to its members. From there, they are reported and paid on members’ personal income tax returns as self-employment taxes. In addition, some LLCs have to pay business taxes, such as sales taxes or employee withholding taxes.
Yes, if you have an LLC in Oklahoma, you must appoint a registered agent. You can serve as your LLC’s registered agent or appoint another entity or individual to do the job.
Oklahoma LLCs need to file an annual report (called an “annual certificate” in Oklahoma). The annual certificate is due by the anniversary of your LLC’s registration date. You can submit a form online along with the required $25 filing fee.
To officially shutter your LLC in Oklahoma, first follow your operating agreement’s instructions for dissolving the LLC. Then, fill out and submit a certificate of dissolution form and the $50 filing. In addition, you’ll need to pay off any tax or creditor liabilities and inform the Oklahoma Tax Commission and IRS of your LLC’s dissolution.
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