In this Article, we will give you a snapshot of the legal compliance requirement and associated fees required to register Limited Liability Company (LLC) in Louisiana and most importantly, maintain the status of an LLC, especially as a small business e-commerce start up.
In the United States, LLCs are registered on the state level, therefore you can register an LLC in any of the 50 States in the United States, including Washington DC.
You can check out the best states in the US to register your LLC as a small business e-commerce start-up, if you want to pay less State fees, less State imposed taxes and do less periodic paperwork in order to maintain your LLC.
In this Article, our focus is on Louisiana LLC. What cost should you expect to pay when you register an Louisiana LLC? What periodic filings requirements are imposed on Louisiana LLCs? What State taxes are levied on e-commerce small business start ups in Louisiana and what are the tax rates? What business permits are required to be obtained by e-commerce businesses in Louisiana, what’s the cost of these permits and are there any renewal requirements?
This Article presents you a snapshot, so you know what fees and legal compliance requirements to expect if you want to register an LLC for your e-commerce small business start up in Kentucky, operate with the required licences and maintain your LLC status.
Business registration and compliance on Louisiana
- LLC Registration cost; the state fee for registering an LLC in Louisiana is $105. You can register your LLC with Bizee for a service charge of $0 + the State fee.
- LLC registration Publishing requirement; No, LLCs in Alabama are not required to publish their registration in a local newspaper.
- Has the Option to register as an Anonymous LLC; No, LLCs in Alabama do not have the option to register as an anonymous LLC. Meaning that the business details of the LLC Owners are published on the Alabama public records. The LLC can still maintain some privacy by using a virtual office address and not the Owners real addresses.
- DBA requirement; DBA is required if your LLC is operating under a different name than your LLC registered name. In Louisiana DBA is referred to as a “Trade name”. Cost of registration is $75, the length of approval is 10 years. You can register for a DBA in Louisiana online or outsource the registration of your Alabama DBA (if needed) to Bizee.
- Annual report filing requirement; yes, Alabama LLCs have annual report filing requirements. The cost of filing annual report in Louisiana is $30
You can file the Louisiana annual returns yourself, you’ll need to visit the Louisiana geauxBIZ login page or you can outsource the filling of your annual returns to Bizee for a $99 service charge + the state fee.
Annual Franchise tax filing and compliance in Louisiana
- State Franchise tax requirement; LLCs are generally not subject to the Louisiana franchise tax except if the LLC has elected to be taxed as C-Corporation.
If you choose C-corp status in Louisiana, you’ll be subject to the corporate franchise tax, which is currently $1.50 per $1,000 earned. Beginning in 2023, this rate will increase to $2.75 per $1,000.
You can learn more about the Louisiana Corporate Franchise tax.
Annual State income tax filing and compliance in Louisiana
- State income tax requirement; Louisiana implements a graduated individual income tax system, featuring rates that span from 1.85 percent to 4.25 percent. Additionally, the state applies a corporate income tax with rates ranging from 3.50 percent to 7.50 percent.
- Who files State income tax; LLCs by default are passed through entities meaning that tax obligation passes through to the individuals who own the LLC. Therefore an LLC with a default tax status pays the individual state income tax. Interestingly, if the individuals behind the LLC are not resident in the state and do not have state source income (a dependent agent in the state), then they are not required to pay “individual State income tax”.
If the LLC owners are resident in the State or have State source income (a dependent agent in the state), then the LLC Owners are required to pay “individual State income tax”.
If the LLC has elected to be taxed as a corporation (C-corp), then the LLC is required to pay “Corporate State income tax”.
- How to file state income tax; You can file your Louisiana State income tax by yourself. You will need to visit the State website. Alternatively, we recommend using the Service of a Certified Public Accountant (CPA), through H&R Block to file your state income tax.
Periodic Sales tax filing and compliance in Louisiana
Sales tax requirement; Louisiana has a 4.45 percent state sales tax rate, a max local sales tax rate of 7.00 percent, and an average combined state and local sales tax rate of 9.55 percent.
- Sales tax nexus; Sales tax nexus is the state-defined threshold between a Seller and a state, which when reached makes it obligatory for the Seller to register for a Seller permit in the state, charge sales tax to customers in the state and remit the sales tax to the State Government.
Generally, there is the “physical sales tax nexus” and “economic sales tax nexus”.
Physical sales tax nexus is reached when the Seller had physical presence in the state (i.e have an office address, a warehouse etc).
In most States, “economic sales tax nexus” is reached when a Seller makes up to 200 transactions or $100,000 in sales in a State.
It’s important to note that, when you register your LLC in the State of Louisiana (which generally requires that you have a registered business address in Louisiana), you automatically meet the physical sales tax nexus and will be required to obtain a Sales tax permit in Louisiana, charge applicable sales tax rates to customers in Louisiana and remit sales tax to the Louisiana State Government.
- Sales tax permit; It costs $0 to register for a Louisiana Louisiana sales tax certificate However, local governments may impose additional requirements and fees.
Sales tax permit in Louisiana has to be renewed within 30 days of the expiration date on the certificate (Check the status of your Louisiana sales tax permit)
Reseller/Resale Certificate; Businesses who purchase products from their suppliers for the purpose of reselling those products to their customers can make sales tax free purchases from their suppliers if they have a resale certificate.
This means that Resale businesses can get cheaper product prices from their suppliers (that is product prices without sales tax included) which can help these Businesses have a higher profit margin and/or maintain competitive selling prices to their Customers.
Generally, suppliers will charge the sales tax rate applicable in the State where the product is to be delivered unless the business presents to the supplier a Resale Certificate (also called a Reseller Certificate).
The Resale certificate must be valid and acceptable in the state where the product is to be delivered.
Businesses can present any of the below listed Resale certificates to suppliers if they want to make sales tax free purchases for product delivery to an Alabama address.
Note; Louisiana does not accept out-of-State Seller ID.
This means that Resale Businesses seeking sales-tax-free purchases in Louisiana must have an Louisiana Seller ID ( i.e Register for an Alabama Sale Tax Permit and have an Louisiana Sales Tax permit ID)
In Louisiana, A blanket Resale certificates (This means that the resale certificate is kept on file by the Supplier to cover multiple purchase transactions between a specific Supplier and Reseller) are valid for two to three years depending on the certificate received. Each certificate may be automatically renewed if there is business activity using the certificate every twelve months.
Conclusion
This Article shows you a snapshot of the legal fillings and compliance requirements for LLCs that are registered in Louisiana, specifically for LLCs that want to carry on the business of selling and especially for small e-commerce start up LLCs that are registered in Louisiana.
If you are wondering what might be the best State in the United States to register your small business (especially if you are a reseller or an e-commerce business), we have written this Article, where we go over our most recommended states for registering a business in the United States, if you want to pay less LLC filling and legal compliance fees, if you want less state imposed taxes and if you want to do less periodic legal paperwork required to maintain your LLC status.
