Quick answer

Quick Answer

To start an Illinois LLC, you must file Articles of Organization (Form LLC-5.5) with the Illinois Secretary of State and pay a $150 filing fee. You must appoint a registered agent with a physical street address in Illinois. Each year, your LLC must file an Annual Report before the first day of its anniversary month, costing $75. Illinois does not have a franchise tax for LLCs, but profits are subject to a flat 4.95% state personal income tax rate.

Illinois LLC filing fee

The state fee to file your Articles of Organization is $150. You can file online or by mail. Online filings are typically processed within 10 days. Expedited processing (24 hours) is available for an additional $100 fee.

Step 1: Choose a name

Your LLC name must be completely distinguishable from other businesses already registered with the Illinois Secretary of State. State law mandates that the name includes the term "Limited Liability Company" or an abbreviation like "LLC" or "L.L.C." You can check name availability online through the state's business search database.

Step 2: Appoint a registered agent

Illinois law requires all LLCs to maintain a registered agent within the state. A registered agent is an individual or business responsible for receiving service of process, legal notices, and state correspondence. They must have a physical street address in Illinois (P.O. Boxes are not accepted) and be present during standard business hours.

Step 3: File formation documents

Your business is officially created by filing the Articles of Organization (Form LLC-5.5) with the Illinois Secretary of State. The form requires your LLC name, principal office address, registered agent details, the purpose of your LLC, and names of managers (or members if member-managed). The standard filing fee is $150.

Step 4: Create an operating agreement

An operating agreement is not required to be filed with the state of Illinois, but it is a critical internal document. It establishes your LLC's ownership structure, management procedures, and rules for profit distribution. Furthermore, virtually all banks will demand a copy of this agreement to open a business bank account.

Step 5: Get an EIN

An Employer Identification Number (EIN) is a free 9-digit tax identifier provided by the IRS. You will need an EIN to hire employees, file federal taxes, and open a business bank account. The application can be completed online via the IRS website in minutes.

Step 6: Register for state taxes if needed

If your LLC sells physical goods, you must register with the Illinois Department of Revenue via MyTax Illinois to collect the state sales tax (6.25% base, but local taxes can bring this over 10% in areas like Chicago). For income tax, LLC profits pass through to your personal return and are taxed at Illinois's flat 4.95% personal income tax rate.

Step 7: File annual reports and stay compliant

Every Illinois LLC must file an Annual Report to stay active. The fee is $75. The deadline is very strict: it must be filed before the first day of your LLC's anniversary month. For example, if you formed your LLC on October 15, your report is due before October 1 of every subsequent year. Missing this deadline incurs a hefty $100 late penalty.

Illinois LLC Cost

Fee Type Amount
Formation fee $150
Registered agent estimate $39 - $150 / year
Annual report fee $75 / year
Late Annual Report Penalty $100
Franchise tax $0 (None)
Expedited processing (optional) $100
WHEN THIS MAY NOT APPLY

If you do not live in Illinois, do not operate from Illinois, and do not have a specific Illinois-related reason for forming there, a Illinois LLC may not be the best default choice. You may still need to register the LLC as a foreign LLC in the state where you actually operate, which can create duplicate filing fees, registered agent costs, and annual compliance requirements.

Illinois currently charges $150 to form a domestic LLC. Annual reports are currently $75. For many purely online businesses, it is usually worth comparing your home state with commonly used business-friendly states such as Wyoming, which charges $100 to form an LLC and has a $60 minimum annual license tax, before choosing Illinois.

Should you form your LLC in Illinois?

An Illinois LLC usually makes sense if you live in Illinois, operate your business from Illinois, or have a clear legal or tax reason to use Illinois. If you live and operate somewhere else, forming in Illinois may create extra registered agent costs, foreign qualification requirements, and duplicate compliance obligations. Illinois may appeal to some owners, but compare it with Wyoming, Delaware, Nevada, and your home state in our guide to the best state for an online business LLC. For a comprehensive overview of starting a business, visit our LLC formation hub.

Situation Is an Illinois LLC usually a good fit?
You live in Illinois Usually yes
Your business operates in Illinois Usually yes
You want privacy Depends on state rules
You live in another state Usually only if you have a specific reason
You are a non-US resident Depends on banking, taxes, and compliance needs

Illinois LLC vs Wyoming LLC

Wyoming is generally vastly superior to Illinois for out-of-state founders. Wyoming is cheaper to maintain ($60 minimum annual report vs Illinois's $75), has no state income tax (Illinois has 4.95%), and offers statutory anonymity for owners (Illinois puts names on the public record). However, if your business operates a brick-and-mortar store in Chicago, you cannot use a Wyoming LLC to bypass Illinois laws; you must form or register in Illinois.