Your Guide to Georgia LLC Formation

Create an LLC in Georgia

Thinking of starting an LLC in Georgia? To form your company, you’ll need to get a Georgia registered agent and file Articles of Organization along with a Georgia Limited Liability Company Transmittal Information Form with the Georgia Secretary of State. 

We can help you out with both. Get our LLC Formation Service to eliminate the stress of figuring out how to file your formation paperwork. Our service includes a year of registered agent service, so you’ve got all the requirements covered.

If you need a professional business address in Atlanta that’s specific to your business, add Virtual Office Service at checkout. You’ll also get unlimited mail scanning and a business phone number with a GA area code to connect with local clients.

Learn about our services and all the steps to forming a Georgia LLC below.

Why Should I Start a Georgia LLC?

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What are the advantages of forming an LLC in Georgia?

Liability Protection for LLC members

Some new business owners opt to form a sole proprietorship or general partnership, both of which are information business structures that don’t require filing with the state. However, no legal separation between the business owners and the business with these structures, so if your business gets sued, your personal assets could be on the line.

When you form an LLC, you’re creating a separate business entity. If your LLC falls into debt or experiences legal trouble, you’re only on the hook for the amount of money that you invested in the LLC. Your personal assets, such as personal bank accounts, property, vehicles, and so forth, are protected.

Flexible Management

While forming a corporation requires you to elect a board of directors, and then to have the board of directors appoint officers, LLC management is much more simple. You can choose to have the members of your LLC manage your LLC, or you can hire managers. The exact management structure is up to you.

No Double Taxation on Profits

A corporation’s profits are taxed twice. First, the corporation itself pays corporate tax. Second, the owners of the corporation are taxed on the income they earn when they pay their personal income taxes.

LLCs are what we call “pass-through” tax entities. LLCs don’t pay taxes at the business level. Instead, the profits simply pass through to the owners, who then pay personal income tax.

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Types of LLCs in Georgia

The state of Georgia doesn’t give business owners the option of forming specialized types of LLCs. However, there are some organizational differences to consider when starting your company, all of which fall under the umbrella of a regular LLC.

Single-Member LLC:

A single-member LLC only has one owner. For freelancers, consultants, and digital nomads, a single-member LLC is a smart alternative to doing business as a sole proprietor. An LLC will give you liability protection and increased credibility.

Multi-Member LLC:

A multi-member LLC has at least two members, but there’s no limit to the number of members you can have. Opting to form a multi-member LLC instead of a corporation will give you enhanced management flexibility and more tax filing options.

Member-Managed LLC:

A member-managed LLC is an LLC that’s managed by its owner(s). This management structure is favored by single-member LLCs and multi-member LLCs where the owners want to stay in touch with the day-to-day operations of the business and keep costs down.

Manager-Managed LLC:

A manager-managed LLC is an LLC that is managed by one or more managers who have been hired by the LLC’s owners. This management structure is preferred when LLC owners want to be free to take care of other aspects of the business or to be involved in multiple businesses simultaneously.

Can I form a professional LLC in Georgia?

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Georgia state law does not provide for the formation of professional LLCs (PLLCs). However, you can choose to form a professional corporation if you belong to a profession such as certified public accountancy, dentistry, professional engineering, or medicine. Learn more in our Guide to Georgia Corporations.

Can I form a series LLC or a close LLC in Georgia? 

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Georgia state statutes do not allow for the formation of series or close LLCs.

Can I do business in Georgia with an out-of-state LLC?

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You can do business in Georgia with your out-of-state LLC by registering as a foreign LLC and getting a Certificate of Authority from the Secretary of State.

Benefits of Our LLC Formation Service

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Fast and Accurate Formation Filing

We file your LLC Articles of Organization and Transmittal Information Form quickly and correctly, so you don’t have to waste time figuring out what to do or stressing out about getting it done. We’ll upload your paperwork and your Certificate of Organization to your secure online portal for access anytime. 

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High-level Privacy Protection 

We keep your home address off the public record by serving as your registered agent and providing you with complimentary use of our Atlanta business address, which you can use as your principal office mailing address and in any other address field on your formation paperwork. Plus, we never sell your data to third parties. 

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Resources + Compliance Support

This filing package includes enrollment in our Renewal Service for annual registration filing to help keep your company in good standing with the state, year after year. You can also order Virtual Office and Mail Scanning Service for a unique address, convenient mail management, and a phone line with GA area code.


How to Form an LLC in Georgia

1. Make sure that your LLC’s name is available

The state of Georgia won’t allow you to form a business using a name that already belongs to another business in Georgia, so it’s important to make sure that you confirm that your desired LLC name is available before filing your formation paperwork. Otherwise, your filing could be rejected.

How do I figure out if my LLC’s name is available?

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You can check to see if the name you want to use is available using the Georgia Business Name Search database. 

It’s also a good idea to search for names similar to the one you want to use. Sometimes, even if you choose a unique name, it’s still too similar to an existing name, and the SOS will reject your name. You can use Georgia’s name availability standards to help you determine if your name is too similar to an existing name and to figure out how to make your name distinguishable from other, similar business names.

Are there any naming rules for LLCs in Georgia?

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All LLCs in Georgia must include an entity identifier such as “LLC,” “Limited Company,” or “Ltd Liability Co” as part of their name. So, instead of simply “Business Name,” your LLC needs to be called something like “Business Name LLC.”

Additionally, Georgia has a list of restricted name rules for certain words. For example, in order to use the word “university” in your LLC’s name, you need to get written approval from the Georgia Nonpublic Postsecondary Education Commission.

Can I reserve a name for my Georgia LLC?

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You can reserve a name for up to 30 days in Georgia by filing a Name Reservation Request form with the Georgia Secretary of State ($35). This allows you to keep other businesses from potentially taking your desired name before you’re ready to file your LLC formation documents. 

Keep in mind that name reservations can’t be renewed, so you’ll need to get your formation documents filed within those 30 days if you want to keep your name secure. You can file online using the Georgia Corporations Division eCorp filing tool or print off a PDF version of the Name Reservation Request Form and mail it in.

Can I get a DBA in Georgia?

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If you’re planning to do business under a name that isn’t your LLC’s legal business name, or maybe you want to do business under multiple business names, you can file to get a Georgia DBA (also known as a Trade Name).

Your DBA must adhere to Georgia business naming rules and must be filed with the Clerk of the Superior Court in the county where your business is located. Filing procedures and fees vary by county, but one constant is that you will need to publish a copy of your trade name registration in a local newspaper once a week for two consecutive weeks. 

Contact your local clerk’s office to find out how to file in your county.

How do I get a website with the same name as my LLC?

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To get a website with the same name as your LLC, you’ll need to get a domain name that is as similar to your business name as possible. A domain name is also known as a web address.

To buy a domain, you’ll need to go through a domain registrar. Usually, you’ll need to renew your domain each year.

Buying a domain doesn’t give you a website, just the web address, so you also need to buy web hosting services and hire someone to create a website for you. You can also go through a company that provides web hosting and website services to build a website for you or make your own website.

2. Get a Georgia Registered Agent

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All LLCs in Georgia are legally required to have a Georgia registered agent as per state law.

Your registered agent is responsible for receiving all legal documents and state notifications from Georgia on behalf of your company. 

You must list your registered agent’s name and street address on your formation documents, so you should choose your registered agent before you start filing out your paperwork.

What are the duties of a registered agent?

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Your registered agent is required to be available at their registered address every weekday during regular business hours so that if a process server arrives with a legal notice, your registered agent is on hand to receive it. 

After receiving a legal or state document on behalf of your business, your registered agent is then responsible for making sure that you receive that document in a timely manner so that you can act on it if necessary.

Are there any restrictions on who can serve as my registered agent?

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If your registered agent is an individual, they must be at least 18 years old. Your registered agent must also have a street address in the state of Georgia. PO boxes are not accepted as registered agent addresses. 

Choosing Your Georgia Registered Agent

Review your options for getting a registered agent in Georgia.

Can I serve as my own registered agent?

You can serve as your own registered agent. However, there are several major disadvantages to acting as your own agent:

  • Loss of privacy: Whatever address you put down as your registered agent address will go on the public record and therefore be available to anyone who looks up your business using the Georgia Business Search database. If that’s your home address, that means that suddenly your personal information is freely available to anyone who knows how to find it.
  • Reduced flexibility: Your registered agent should be available at this address all year round during normal business hours, which means that if you or your spouse goes on vacation, travels for work, or even just decides to run an errand across town, you’re putting yourself at risk of missing an important legal document delivery. If you end up receiving a document too late to respond to it as required, you could experience negative legal repercussions. 
  • Damage to your reputation: Being served a lawsuit is never a positive experience. But it can be even more embarrassing and potentially harmful to your public image if you’re served in front of neighbors, family members, or clients at home or at your office.

Hiring a registered agent service allows you to avoid the risks you might face serving as your own registered agent.

With Virtual Office Georgia LLC as your registered agent, you’re able to:

  • Preserve your privacy: Our name and address are listed on your formation paperwork in the registered agent fields.
  • Enjoy convenient document delivery: You can go out of town anytime you want. Our staff is always on hand to receive service of process and other state notices. We scan and upload documents to your secure online portal the same day they arrive, so you can view them right away, wherever you are.
  • Maintain your professional image: Lawsuits and other legal documents are discreetly delivered to us instead of to your office or home.

3. Decide on your principal business address

You’ll need to list a principal office mailing address on your Transmittal Information Form. Seems like a no-brainer, right?

However, there are multiple reasons you may need to use a business address service to get a professional business address in Georgia that includes mail management:

  • you’re planning to set up a physical location, but haven’t yet, and still want a professional business address on your formation paperwork
  • you work from home and don’t want to put your home address on your LLC formation paperwork 
  • you don’t want your business mail going straight to your place of business because it’s inconvenient or not secure
  • you travel frequently and don’t want to miss any of your mail 
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It’s extremely important to seriously consider using a business address service if you’re planning on listing your home address as your business address on your LLC formation documents.

Putting your home address on your LLC formation documents means that it will become accessible to the public through the Georgia Business Search database. Angry customers, scammers, and anyone else who looks up your business can show up at your door.

Virtual Office Georgia LLC gives you two different options for getting a business address in Georgia.

4. Submit your LLC formation documents

After you have your LLC name, your Georgia registered agent, and your business address figured out, it’s time to complete your LLC Articles of Organization and your Transmittal Information Form.

For your Articles of Organization, you can either use the template provided by the state or author your own to submit with your Transmittal Information Form.

After you have filed your forms with the state and they are accepted, you will receive a Certificate of Organization.

What information do I need to fill out my forms?

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To fill out your forms, you’ll need the following information:

  • Name of your LLC or a valid name reservation number (if you reserved a name)
  • Name and address of the person filing your application
  • A valid email address
  • Mailing address of your principal office
  • Name and street address of your registered agent
  • Name and address of each organizer
  • Any additional provision you want to add to your Articles of Organization
  • A form of payment (pay by credit card online or by check, cashier’s check, or money order by mail)

How much does it cost to file LLC paperwork in Georgia?

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The filing fee is $110 ($100 + a $10 service charge). Fees are non-refundable.

How do I file my Georgia LLC formation paperwork online?

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Go to the Georgia Corporations Division eCorp filing system. You must pay by Visa, Master Card, American Express, or Discover.

How do I file my LLC forms by mail?

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Download and print the Articles of Organization for LLC (CD 030) form and the Transmittal Form — Limited Liability Companies (231) form. You can fill out the Articles of Organization form or use it as a reference when writing your own Articles.

Send your completed forms along with check or money order to:

Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334

How long does it take to get an LLC in Georgia?

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Processing time depends on the Georgia Corporations Division’s office workload. Online filings are usually processed about 7 business days after they have been received, while paper filings are typically processed about 15 business days after they have been received.

5. Create your LLC Operating Agreement

Your next step is writing your LLC’s operating agreement. Your operating agreement is an internal document that you don’t have to file with the state. 

Your operating agreement acts as a blueprint for your LLC by laying out its organizational structure and governing rules, as well as the rights and duties of your LLC members. 

Having a strong operating agreement is extremely important, even if you have a single-member LLC, because it can help protect you and your business if you get into any kind of legal trouble.

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Why is it important to have a strong operating agreement?

A good operating agreement does the following:

Keeps your LLC running smoothly

Your operating agreement can provide you with clarity on how to make big decisions by outlining the procedures for situations like whether your LLC requires a majority or unanimous vote to approve in action. Having your rules clearly explained in your operating agreement can help your LLC to act decisively in times of both opportunity and crisis.

Formalizes any verbal agreements between members

Hammering out details over dinner is great, but when it comes down to it, there are some aspects of running your business that you need to have down in writing. If you end up having any disagreements with LLC members down the line, you don’t want to end up arguing over half-remembered decisions. Make sure you put information like initial contributions, ownership interest, and member responsibilities in your operating agreement.

Helps protect your LLC and its members in court

Single- and multi-member LLCs can benefit from having an operating agreement if legal trouble should arise. Having your members and ownership interests listed in your operating agreement can prove ownership of your LLC even if your members aren’t listed in your Articles of Organization. Including a financial section in your operating agreement helps maintain your limited liability status by showing that no inappropriate commingling of members’ personal and business funds has occurred. In situations where members of an LLC are suing each other, your operating agreement can help protect against some members taking more than their fair share.

What’s included in an operating agreement?

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Your operating agreement can be tailored to your LLC. You can decide which sections to include or not include.

Here’s what’s commonly included in an LLC operating agreement:

  • Basic information about your LLC: company name and address, registered agent, jurisdiction of formation
  • Ownership information: member names and addresses, the initial contributions (financial, intellectual, or otherwise), how profits and losses are distributed among members
  • Management information: whether your LLC is member- or manager-managed, member/manager rights and responsibilities, meeting schedules and rules, voting procedures
  • Financial information: tax classification, company bank accounts and loans, bookkeeping procedures, company assets (property, vehicles, interest in other companies)
  • Dispute resolution: how to address disagreements among members
  • Amendments: how to approve amendments
  • Merger or Dissolution: events that may trigger dissolution (like bankruptcy or losing good standing with the state), how assets will be liquidated, distributed, or transferred

Do all LLC members need to sign the operating agreement?

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Your operating agreement is a legally binding contract, so it’s a good idea to have all LLC members review and sign it. However, an operating agreement isn’t required to be signed in order to be legally binding.

Is having an operating agreement required in Georgia?

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Having an operating agreement is not legally required by Georgia state law, but it is highly recommended.

What if I need to amend my operating agreement?

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When you write your operating agreement, you should include a section on amendment procedures. Then, if you need to update your operating agreement, the process for doing so will already be in place.

Typically, however, amending your operating agreement involves:

1. Having all of your members vote and approve the amendment

2. Documenting your amendment in writing and having all of your members sign the updated operating agreement

Many companies offering business formation service charge extra for an operating agreement template. We think that’s crazy.

When you order LLC Formation Service with Virtual Office Georgia LLC, you get our attorney-drafted LLC operating agreement templates for free.

6. File your Annual Registration every year

Every company registered in Georgia is required to file an Annual Registration (the equivalent of an Annual Report) each year. The goal of Annual Registration filings is to ensure that the state always has the most accurate information on file for your LLC. It’s essential to make sure you file your Annual Registration on time if you don’t want to face any negative consequences.

Late or missing filings can cause you to face the following penalties:

  • $25 late fee if you file after the deadline
  • Authority to do business in GA revoked by the SOS if you go more than 60 days past the deadline without filing your report
  • $500 fine and/or additional sanctions if your authority to do business in GA is revoked and you continue to operate illegally within the state

We include enrollment in Renewal Service with LLC Formation Service to help your LLC stay in good standing and avoid these penalties.

When is my Georgia Annual Registration due?

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Annual registration filings are due by April 1st each year.

How much does it cost to file my Annual Registration?

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The filing fee is $60 ($50 + $10 service charge). Fees are non-refundable.

What information do I need to fill out my Annual Registration?

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You need the following information to complete your form:

  • Name and control number of your Georgia LLC
  • Name and street address of your registered agent
  • Mailing address for your LLC’s principal office
  • A valid email address
  • The name and signature of the person filing the Annual Registration

What information can I update on my Annual Registration?

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You can update the following information on your Annual Registration:

  • Your registered agent name and address
  • The mailing address of your LLC’s principal office

How do I file my Annual Registration?

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Online: Go to the Georgia Corporations Division eCorp filing portal. You can pay by card.

By Mail: Download and print out your Annual Registration form.

After completing your form, send it plus check or money order to:

Office of the Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE
Suite 313, Floyd West Tower
Atlanta, Georgia 30334

Can I file my Annual Registration early?

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You can file anytime between January 1st and April 1st.

Georgia also offers business owners a multi-year filing option, which allows you to file your Annual Registrations for up to three consecutive years at once.

What if I need to make a change after I file my Annual Registration?

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If you need to make more updates after filing your annual registration, you can file an Amended Annual Registration form. Filing is available online and by mail, and the filing fee is $30.

How Our Georgia LLC Formation Service Works

Find out how we support your business from the beginning, and every year after that.

Make forming your Georgia LLC easy! We’ll serve as your local resident agent for a year and take care of your registration paperwork.

Sign up for service

After you sign up for LLC Formation Service, you’ll receive an email with your registered agent information. You’ll need to provide us with some basic information about your company, and then we’ll file your LLC formation paperwork with the SOS.

Operate your LLC

Spread the word and make money with your LLC.

We’re your registered agent for a year

We’ll act as your Georgia registered agent for a year. Whenever a legal or state document is delivered on behalf of your business, we’ll scan it and upload it to your online portal the same day it arrives. You’ll be able to view your documents quickly and conveniently using your phone or computer.

Get easy Annual Report filing

As part of LLC Formation Service, we include enrollment in our Renewal Service to help you avoid the penalties of late or missing annual registration filing.

Several months before your annual registration is due, we’ll email you a report reminder and let you know that we’ll soon be filing on your behalf. Then we’ll follow your report, so you stay in compliance effortlessly.

Renewal Service is $100 plus the state filing fee, charged at filing. Cancel inside your online portal if you’d like to file your own report.

Renew your Registered Agent Service

When our year of acting as your Georgia registered agent is almost up, we’ll send you an email notification, so you can renew and avoid lapses in your registered agent service.

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Multi-member LLCs and all LLCs with employees are required to get an EIN from the IRS. Your EIN is a nine-digit number used to identify your business on federal tax filings.

You can apply for your EIN online. The IRS does not charge a fee to get an EIN.

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Having a business bank account right from the start is essential to making sure that your personal and business funds remain separate. This is critical because if you face legal issues and your finances haven’t been kept separate, your limited liability status could be put at risk.

When looking for a place to open your business bank account, aim for an institution with:

  • High interest rates (APY) for savings and checking
  • Low interest rates (APR) for lines of credit
  • Low minimum account balance and transaction fees
  • Low or no monthly or annual fees

When you open your account, your bank may require your EIN, a copy of your Articles of Organization, personal identification, or other documents. Check with your bank for a precise list.

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You won’t need to get a general business license in order to operate in Georgia. However, you may need to get a professional license or an industry-related permit, depending on what kind of work you do.

You can apply for and renew professional licenses through the Secretary of State’s Professional Licensing Boards Division. Some professions, including accountants, lawyers, and medical professionals, require licenses but are not licensed by the Secretary of State. Instead, they are licensed through a state board. You can find links to some of these boards on the state’s Professional Licenses & Certifications site.

You may face other licensing and permit requirements at the county, municipal, or state level. For example, if you own a bar, you’ll need to apply for an alcohol permit with the Department of Revenue. However, you may also need a county or municipal alcohol license, as well. Check with your local county or city government to figure out if you may need to get additional licenses.

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If your LLC sells tangible goods or services, you’ll need to report and remit sales and use tax in Georgia. You may need to pay other taxes, such as property tax if your LLC owns property, or withholding tax if you have employees. Consult with a tax professional to figure out exactly what your tax responsibility will be in Georgia.

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Most businesses benefit from purchasing general liability insurance. However, if your business is engaged in any high-risk activities, you may need to get specialized insurance.

If you have employees, you’ll also need to register for unemployment insurance with the Department of Labor.

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Frequently Asked Questions

Learn more about LLC registration

How much does it cost to register an LLC in Georgia?

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The filing fee for LLC registration in Georgia is $110.

Do I need a business license for my Georgia LLC?

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There’s no general business license in Georgia, so you don’t need to get a business license for your LLC. However, if you work in a profession that requires a professional license or industry-related permit, you will need to obtain those licenses or permits to operate legally.

Do I need to file an Annual Registration for my LLC?

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All LLCs are required to file an annual registration each year online or by mail. The filing fee is $60.

Late or missing filings can result in penalties, such as a $25 late filing fee or even having your LLC administratively dissolved by the state if you go more than 60 days past the deadline without filing.

What is Renewal Service, and how does it work?

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Renewal Service enrollment is included with LLC Formation Service to help prevent your LLC from suffering negative repercussions due to late or missing Annual Registration filings.

Several months before your Annual Registration is due, we’ll send you an email notification to remind you of the filing and let you know that we’ll be filing on your behalf soon. We then file your report, so you stay in compliance without giving it a second thought.

Renewal Service is $100 plus the state filing fee, charged at filing. Cancel in your online portal if you prefer to file your own report.

What kind of taxes does an LLC pay in Georgia?

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Your LLC does not need to pay income taxes in Georgia, though your LLC members will need to pay personal income taxes on their profits from your LLC. Your LLC may need to collect and pay sales and use tax, if you sell tangible goods or services. Depending on your industry, other taxes may apply. Consult a tax professional to figure out your exact tax burden in Georgia.

Can I use a virtual office address for my Georgia LLC?

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You can use a virtual office address as your principal office mailing address on your Georgia LLC registration paperwork.

Is forming an LLC in Georgia worth it?

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Whether or not forming an LLC is worth it depends on your business. If you anticipate having very low legal or financial risk, you may not need to form an LLC. However, should you run into any financial or legal trouble with your business, having an LLC will protect your personal assets from being seized to satisfy debts. It’s up to you to decide the level of safety that you want to give yourself as a business owner.

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