Rhode Island LLC Filing & Tax Requirements James Fish, May 30, 2023June 7, 2023 Learn about the necessary steps for filing an LLC in Rhode Island and the tax requirements that come with it. Table of Contents Toggle Rhode Island LLC Filing Requirements: An OverviewSteps to Starting an LLC in Rhode IslandNaming Your Rhode Island LLCChoosing a Resident Agent in Rhode IslandFiling the Rhode Island LLC Articles of OrganizationCreating Your Rhode Island LLC Operating AgreementGetting an EIN for Your Rhode Island LLCSales and Use Taxes for Rhode Island LLCsState Employer Taxes for Rhode Island LLCsFederal LLC Tax Filing RequirementsMaintaining Compliance for Your Rhode Island LLC Rhode Island LLC Filing Requirements: An Overview To form an LLC in Rhode Island, you’ll need to file Articles of Organization with the RI Secretary of State. You’ll also need to choose a company name that meets naming requirements, and appoint a registered agent and resident agent. Once you’ve formed your LLC, you’ll need to file an annual report with the state and pay the $50 filing fee. Rhode Island LLCs are taxed as partnerships or S corporations, which means that income taxes are passed through to the individual members. To file taxes, LLCs will need to submit state tax returns (RI-1065 or RI-1120C) and follow all state tax filing requirements. For more information and blank report forms, visit the Rhode Island Secretary of State website. Steps to Starting an LLC in Rhode Island Starting an LLC in Rhode Island involves several steps. The first step involves choosing a business name that complies with naming requirements and is not already taken. Next, file a Certificate of Organization and pay the corresponding fee to the Rhode Island Secretary of State. Then, draft an operating agreement that outlines the structure and management of your LLC. Register a resident agent who will receive official notices and correspondence on behalf of your LLC. Finally, obtain a tax identification number, register for taxes, and file the necessary forms such as the RI-1065, RI-1120C, and annual report. For more information on Rhode Island LLC filing and tax requirements, visit the Rhode Island Secretary of State’s website or consult a trusted professional. Naming Your Rhode Island LLC Naming your Rhode Island LLC is an important step in the formation process. When choosing a name, keep in mind that it must be distinguishable from existing business names in the state. You can check name availability on the RI Secretary of State website. Your LLC name must also include the words “Limited Liability Company” or an abbreviation like “LLC.” Once you have chosen a name, you can register it by filing a Certificate of Organization with the Secretary of State. Choosing a Resident Agent in Rhode Island Choosing a Resident Agent in Rhode Island is an important step in LLC formation. The registered agent is responsible for receiving legal and tax documents on behalf of the LLC. They must be a resident of Rhode Island or a Rhode Island business entity. When choosing a resident agent, consider their availability, reliability, and professionalism. They should be able to receive and forward important documents in a timely manner. It’s important to keep your registered agent information up to date with the state. Failure to do so can result in penalties. To change your registered agent, file the appropriate documents with the state. Visit the RI.gov website for more information. Filing the Rhode Island LLC Articles of Organization To file your Rhode Island LLC Articles of Organization, you’ll need to submit them to the Rhode Island Department of State, Division of Business Services. These articles establish your LLC as a separate legal entity from you, providing personal liability protection. You’ll need to provide basic information like your company name, address, and registered agent. LLCs in Rhode Island are not required to file an annual report, but they do need to file state tax returns. Depending on your business structure, you may need to file as a partnership or subchapter S corporation. Be sure to follow the guidelines set forth by the Internal Revenue Code and Rhode Island Gen. Laws. If you need help with the process, you can download blank report forms from the Rhode Island Department of Revenue or seek assistance from a trusted formation service. Creating Your Rhode Island LLC Operating Agreement Creating Your Rhode Island LLC Operating Agreement is crucial for outlining the management and ownership of your business. This agreement should include details on how profits and losses will be distributed among members, voting rights, member responsibilities, and how the LLC can be dissolved. In Rhode Island, LLCs are formed by filing a Certificate of Organization with the Secretary of State and obtaining an EIN from the IRS. LLCs are not subject to Rhode Island’s corporate income tax but are subject to a minimum $400 annual tax. LLCs can elect to be taxed as an S corporation or partnership under the Internal Revenue Code. Make sure to follow all state tax filing requirements and guidelines for reporting your LLC’s income and taxes. rhode island llc filing requirements”> Getting an EIN for Your Rhode Island LLC To get an EIN for your Rhode Island LLC, you can apply online through the IRS website or by mail. You’ll need to provide your LLC’s business name, address, and other identifying information. An EIN is required for tax filing and reporting purposes, and is necessary to open a business bank account. LLCs in Rhode Island are subject to state income taxes, and may also be subject to federal income taxes if they elect to be taxed as an S corporation. The Rhode Island Secretary of State’s website has resources for LLC formation and dissolution, and the Rhode Island Division of Taxation provides information on taxation and filing requirements. Sales and Use Taxes for Rhode Island LLCs Sales and Use Taxes for Rhode Island LLCs Tax Type Description Sales Tax A 7% tax on the retail sale, lease, or rental of tangible personal property and certain services. Rhode Island LLCs must register for a sales tax permit with the Rhode Island Division of Taxation. Use Tax A 7% tax on the use, consumption, or storage of tangible personal property in Rhode Island when the seller did not collect sales tax. Rhode Island LLCs are responsible for paying use tax on any taxable purchases made outside of Rhode Island or on any taxable items purchased in Rhode Island without paying sales tax. State Employer Taxes for Rhode Island LLCs Tax Type Description Rate Corporate Income Tax Tax on net income earned by the LLC 7% Franchise Tax Tax for the privilege of doing business in Rhode Island $500 minimum Unemployment Insurance Tax Tax to fund unemployment benefits for employees Varies based on experience rating Temporary Disability Insurance Tax Tax to fund temporary disability benefits for employees 1.1% of employee wages up to $72,000 Workers’ Compensation Insurance Insurance to cover employees injured on the job Varies based on industry and payroll Federal LLC Tax Filing Requirements LLCs in Rhode Island are required to file a federal tax return, Form 1065, every year. If the LLC has only one member, they can file as a sole proprietorship using Schedule C on their personal tax return. LLCs are also required to file a state tax return with the Rhode Island Division of Taxation. The state tax return can be filed online via the TRUIC portal or by mail using Form RI-1065. LLCs with more than one member must also file a Schedule K-1 for each member, which reports their share of the LLC’s income and deductions. In cases of dissolution or foreign LLCs, additional forms may be required. The Rhode Island Secretary of State website provides resources for filing articles of organization and other necessary forms. Maintaining Compliance for Your Rhode Island LLC To maintain compliance for your Rhode Island LLC, it’s crucial to stay up-to-date with the state’s filing and tax requirements. Completing your annual report and paying your annual franchise tax are two important tasks that must be done on time and correctly. LLCs that are taxed as S corporations also have additional requirements to fulfill. James FishWas this article helpful?YesNo LLC Formation Requirements