How to form an LLC in Maine

Who should form an LLC in Maine?

Anyone who lives in Maine or runs their business from there. If you form in another state but operate in Maine, you will usually have to register there as a foreign LLC anyway, paying both states' fees. See home state or another state.

How do you form an LLC in Maine, step by step?

1. Choose and check the name

   Search the state's business records and include "LLC", "L.L.C." or "Limited Liability Company" in the name.

2. Appoint a registered agent

   A person or company with a physical street address in Maine. See what a registered agent is.

3. File the Certificate of Formation

   On paper: complete Form MLLC-6, print it and mail or deliver it to the Secretary of State with the $175 fee. The Secretary of State's posted processing estimates for business filings have run to several weeks, so consider the paid expedite options if timing matters.

4. Get an EIN and sign an operating agreement

   The EIN is free from the IRS. See LLC operating agreement.

5. Register for state taxes

   Sales tax and payroll as needed. Then note the first yearly filing date.

What does Maine require every year?

An annual report each year, $85, filed between January 1 and June 1, starting the year after the LLC is formed. It can be filed online. A report filed after June 1 carries a $50 late penalty, and an LLC that keeps missing reports can be administratively dissolved.

For deadlines, fees and late penalties in detail, see Maine LLC yearly filings.

How long does formation take in Maine?

Longer than in states with instant online filing. The Secretary of State has posted processing estimates of several weeks for business filings at busy times, and paper filings also take mailing time. Paid expedited handling is available. If you need the LLC by a specific date, for example to sign a lease, file well in advance or expedite.

What do the first two years cost?

Should you file it yourself or use a formation service?

Filing yourself costs only the state fee, and the Maine filing is short enough for most owners to complete. A formation service saves time, can act as your registered agent and may send reminders for yearly filings, but compare total yearly costs: low headline prices are often paired with paid add-ons such as expedited filing, operating agreements or EIN applications, which you can do yourself free. Whichever you choose, keep the approved filing, the EIN letter and your operating agreement together. See how much an LLC costs.

Can a non-resident form an LLC in Maine?

Yes. Maine has no residency or citizenship requirement for an LLC's members or managers. You need a registered agent with a Maine street address and an EIN; a foreign owner without a Social Security number applies for the EIN on Form SS-4. A single-member LLC owned by a foreign person files Form 5472 with a pro forma Form 1120 every year, even with no US income. See can a non-resident own a US LLC and annual filings for foreign-owned LLCs.

What happens if you miss a required report?

The state usually charges a late fee and marks the LLC as not in good standing, which can block a certificate of good standing, a bank account or a loan. If the filing stays overdue, the state can administratively dissolve the LLC, ending its liability protection and its claim to the name. Reinstatement means filing every missing report and paying the fees owed, so put the dates in your calendar. See reinstating a dissolved LLC.

Which Maine taxes apply to an LLC?

Owners pay Maine's graduated individual income tax on their share of profit. The state sales tax is 5.5%, with higher rates for meals, lodging and some other items; register with Maine Revenue Services if you sell taxable goods or services.

If you sell online, see Maine sales tax for online sellers.

Federally, a Maine LLC is taxed like any other LLC. See how LLCs are taxed. For a side-by-side view of state costs, see how much an LLC costs.

This guide is general information. It is not tax or legal advice for your situation.