How to Form an LLC in New Hampshire

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A practical walkthrough for forming an LLC in New Hampshire: the $100 filing, registered agent, operating agreement, EIN, and the ongoing filings that keep the company in good standing.

Forming an LLC in New Hampshire means filing formation documents with the New Hampshire Secretary of State and paying a $100 filing fee. The steps below follow the order most founders work in, from checking the name to setting up ongoing compliance. New Hampshire charges $100 for the report, filed every year, so plan for that from the start.

Step 1: Choose and check your LLC name

Your New Hampshire LLC name must be distinguishable from other registered entities and include a designator such as "Limited Liability Company," "LLC," or "L.L.C." Search the state's business database through the New Hampshire filing office before you commit to a name, and check that a matching domain and trademark are free. Many states let you reserve a name for a short period for a small fee if you need time before filing.

Step 2: Appoint a registered agent

Every New Hampshire LLC needs a registered agent with a physical street address in the state who can accept legal papers during business hours. You can serve as your own agent if you live in New Hampshire, appoint a co-owner who does, or hire a commercial service. Our registered agent guide covers the trade-offs.

Step 3: File the formation document

File the Articles of Organization (some states call it a Certificate of Formation) with the New Hampshire Secretary of State. The filing fee is $100. Online filing is available in most states and is usually faster than mail. Processing times and expedite options vary, so check the current schedule before you file.

Step 4: Write an operating agreement

An operating agreement sets out ownership, management, voting, profit splits, and what happens if a member leaves. New Hampshire may not require you to file it, but having one supports your liability protection and settles disputes before they start. Single-member LLCs benefit too, because it documents that the business is separate from you. See the operating agreement guide for a clause outline.

Step 5: Get an EIN and open a business bank account

Apply for a free Employer Identification Number on IRS.gov. Never pay a third party for this. With the formation document and EIN you can open a business bank account, which keeps personal and business money apart.

Step 6: Handle ongoing filings and taxes

New Hampshire charges $100 for the report, filed every year. New Hampshire also has an entity-level tax to plan for: Business Profits Tax. New Hampshire has no broad state personal income tax on wages or business income, so owners report profit federally without a separate state income tax layer. Put every deadline on a calendar the day you form, because missed reports can lead to penalties and administrative dissolution.

Step 7: Register for local licenses and state taxes

Check city and county requirements wherever you operate in New Hampshire. Many municipalities require a business license even for home-based or online businesses. If you sell taxable goods or services, register with the New Hampshire tax agency for a sales tax permit, and register as an employer before you hire.

New Hampshire LLC at a glance

ItemDetail
Filing officeNew Hampshire Secretary of State
LLC filing fee$100
Annual report$100, filed every year
Franchise or entity taxBusiness Profits Tax
State personal income taxNo broad income tax
Corporation filing fee (for comparison)$100

How New Hampshire compares

New Hampshire's LLC filing fee is $100, right at the national median of $100. 16 of the 51 jurisdictions (50 states and DC) charge less to file. Filing fees are only part of the picture, so the table below sets New Hampshire beside five states founders often consider.

StateLLC filing feeAnnual reportFranchise or entity tax
New Hampshire$100$100 yearlyBusiness Profits Tax
Delaware$110$300 yearlyFranchise tax $300 LLC / variable corp
Wyoming$100$60 yearlyNone
Nevada$425$350 yearlyCommerce Tax (revenue > $4M)
Texas$300No fee yearlyFranchise tax (no-tax-due < $1.23M)
Florida$125$138.75 yearlyNone

Forming outside the state where you live and work rarely saves money. A business operating in New Hampshire that forms elsewhere generally still has to register as a foreign LLC in New Hampshire and pay both states' fees. Our best states for an LLC guide explains when an out-of-state filing makes sense.

New Hampshire specific notes

New Hampshire has no broad personal income tax (only on interest and dividends, being phased out). However, the Business Profits Tax and Business Enterprise Tax apply to LLCs above income/payroll thresholds.

What it costs to get started

State fees for the first year come to $200 for the filing and the first annual report, before optional extras such as a commercial registered agent, expedited processing, or a certified copy of your formation document. The New Hampshire LLC cost breakdown shows the full picture.

Frequently asked questions

How much does it cost to start an LLC in New Hampshire?
The state filing fee is $100. New Hampshire charges $100 for the report, filed every year. Optional services such as a registered agent or expedited filing cost extra.
How long does it take to form a New Hampshire LLC?
Online filings with the New Hampshire Secretary of State are often processed within days, while mailed filings take longer. Check the office's current processing times, since they change.
Do I need a registered agent in New Hampshire?
Yes. Every New Hampshire LLC must maintain a registered agent with a physical street address in the state. You can act as your own agent if you meet the residency and availability requirements.
Do I need an operating agreement in New Hampshire?
Even where it is not filed with the state, an operating agreement is strongly recommended. It documents how the LLC is run and supports the separation between you and the business.
Should I form my LLC in New Hampshire or another state?
In general, form in the state where you live and do business. Forming elsewhere usually means registering as a foreign LLC at home as well, so you pay both states.

Sources & further reading

Disclaimer: Legal information, not legal advice. For advice about your specific situation, consult a licensed attorney or CPA in your state. See our full disclaimer.