What is a Foreign LLC in Idaho – Definition and Filing


Steve Bennett
Steve Bennett
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If you have an LLC in Idaho and want to expand your business beyond Idaho, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Idaho, must file a foreign LLC in Idaho. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Idaho government.

In this article, you’ll be reading about how to start a foreign LLC in Idaho. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Idaho after you form it.

Forming a Foreign LLC in Idaho

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Idaho, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Idaho) and wants to expand their operations in Idaho can file their LLC as a foreign entity. To start a foreign LLC in Idaho, you need to register it with the Idaho Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Idaho for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Idaho. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

llc formation document

Before you proceed to register your LLC in Idaho as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Idaho, then you must obtain the Certificate of Good Standing from Idaho Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Idaho must get this document to register a foreign LLC in Idaho.

Filing Certificate of Good Standing: In Idaho, to obtain the Certificate of Good Standing, one must Request for Certificate of Good Standing by visiting the Idaho State Bar. Enter the needful details such as Bar Number, Full Name, Delivery Method, and Number of Certificates you need. Get to the payment page next, make the payment, and apply to get the Certificate of Good Standing in Idaho.

Step 2: Choose Idaho Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Idaho Secretary of State. Your LLC’s legal name outside of Idaho will be listed on the application, along with the name it will use in Idaho. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in Idaho to use. Check name availability at Idaho’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Idaho when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Idaho Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Idaho, you must have a registered agent from Idaho only. No matter where your domestic LLC is located, you must hire a registered agent from Idaho for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Idaho and take note that the Idaho Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Idaho Foreign LLC

The most important step is to send the application for registration with Idaho SOS. Download the PDF form from the Idaho Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

filing foreign llc
  • LLC’s full legal name.
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
    • DBA filing method in Idaho: three methods, online, by mail, and in person filing.
    • Online: For online filing, check the Idaho Secretary of State. There, look for the “Trade Names” section. You will get the registration form.
    • Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Office of the Secretary of State, P.O. Box 83720, Boise, ID 83720-0080
    • DBA filing fee in Idaho: $25 Filing Fee and $20 Additional processing fee if filing a hard copy by mail or in-person
  • LLC’s principal office and mailing addresses
  • LLC formation state and date.
  • Registered agent’s name and address in Idaho.
  • Date when your LLC will start operations in Idaho.
  • Credit card information is on the last page of the form for the application fee.

Online Filing

For online filing of a foreign LLC in Idaho, one has to create an account with the Idaho Secretary of State’s portal. If you already have registered with the official site then you can Sign in to SOS to get to your dashboard. You will find the foreign LLC registration form.

Offline Filling

In Idaho, filing a foreign LLC offline takes a few steps. First, you must get and download the Foreign LLC Registration Form. The form will have a few questions that are required to be answered by the LLC. Once filled up. the form should be sent by mail or handed over in person to the SOS address: Office of the Secretary of State, 450 N 4th Street, P.O. Box 83720, Boise, ID 83720-0080.

Foreign LLC Registration Fee in Idaho: The Idaho foreign LLC registration fee is $104. The expedited fee is $41 additional. So, if you are in a hurry and want your LLC to be registered in Idaho as a foreign entity then you can pay the additional $41 along with the processing fee.

The LLC cost in Idaho, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Idaho’s domestic and foreign LLCs.

Step 5: Determine How Your Idaho Foreign LLC is taxed

llc tax

Foreign LLCs are also subjected to the Idaho Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Idaho for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Idaho. However, it is recommended to check with the Idaho Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing Idaho Foreign LLC Online – Quick Recap

  1. Get the Certificate of Good Standing from your home state where your LLC is originally registered
  2. Check if the name of your LLC is available in Idaho to use for your foreign LLC. If not, file DBA name with Idaho SOS.
  3. Get a registered agent in Idaho to represent your foreign LLC in Idaho. Recommended, professional help instead of being your own registered agent.
  4. File the Application of Foreign LLC with the Idaho Secretary of State following the mentioned method(s) above.
  5. Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Idaho with the FinCEN.

After Forming Idaho Foreign LLC

Here are added things you need to accomplish after forming your Idaho Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Idaho Secretary of State.
  2. File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Idaho. Here’s everything about Idaho LLC Annual Reports.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

Can a foreign LLC operate in Idaho?
Yes, a foreign LLC can operate in Idaho after registering with the Secretary of State.
How do I register a foreign LLC in Idaho?
To register a foreign LLC in Idaho, you must file an Application for Registration with the Secretary of State.
Is a Certificate of Good Standing required to register a foreign LLC in Idaho?
Yes, a Certificate of Good Standing from your home state is typically required when registering a foreign LLC in Idaho.
What is the registration fee for a foreign LLC in Idaho?
The registration fee for a foreign LLC in Idaho is $100.
Are there annual fees for maintaining a foreign LLC in Idaho?
Yes, foreign LLCs in Idaho must pay an annual fee of $125 to retain good standing.
How long does it take to register a foreign LLC in Idaho?
The processing times for registering a foreign LLC in Idaho can vary but typically take 5-10 business days.
Do I need a registered agent for my foreign LLC in Idaho?
Yes, a registered agent is required for a foreign LLC in Idaho to receive legal documents and official correspondence.
Can I be my own registered agent for my foreign LLC in Idaho?
Yes, as long as you have a physical address in Idaho and are available during normal business hours.
What is the minimum requirement for a registered agent’s address in Idaho?
The registered agent’s address must be a physical street address in Idaho, not a PO Box.
Do I need to file an annual report for my foreign LLC in Idaho?
Yes, foreign LLCs in Idaho must file an annual report and pay the associated fees.
Can I change the name of my foreign LLC in Idaho?
Yes, you have the option to change the name of your foreign LLC in Idaho by filing Articles of Amendment.
Are there specific naming requirements for a foreign LLC in Idaho?
Yes, the name of your foreign LLC must be distinguishable from other entities already registered in Idaho.
What are the taxation requirements for a foreign LLC in Idaho?
Foreign LLCs in Idaho are subject to state tax obligations, including income and sales tax.
Is a Business License required for a foreign LLC operating in Idaho?
Yes, foreign LLCs must obtain a Business License from the Idaho State Tax Commission to operate legally.
Can I convert my foreign LLC into an Idaho LLC?
Yes, it is possible to convert or domesticate your foreign LLC into an Idaho LLC by filing the necessary paperwork.
Are there any restrictions on foreign ownership of an LLC in Idaho?
No, there are no restrictions on foreign ownership of an LLC in Idaho.
Do foreign LLCs in Idaho have limited liability protection?
Yes, foreign LLC members enjoy limited liability protection in Idaho.
Can a foreign LLC in Idaho be managed by members or managers?
Yes, foreign LLCs in Idaho can be managed by either members or appointed managers.
Do foreign LLCs in Idaho need to publish their articles of organization?
No, foreign LLCs in Idaho are not required to publish their articles of organization in a newspaper.
Can a foreign LLC be established as a professional limited liability company in Idaho?
Yes, a foreign LLC can be established as a professional limited liability company in Idaho if the members meet the necessary licensing requirements.
How do I dissolve a foreign LLC in Idaho?
To dissolve a foreign LLC in Idaho, you must file Articles of Dissolution with the Secretary of State.
What happens if I don’t comply with the registration requirements for a foreign LLC in Idaho?
Failing to comply with the registration requirements for a foreign LLC in Idaho can result in penalties, fines, and possible legal action.
Can a foreign LLC qualify for tax breaks or incentives in Idaho?
Depending on the nature of the business and its operations, a foreign LLC in Idaho may qualify for tax breaks or incentives offered by the state.
Are there any special regulations for specific industries that a foreign LLC in Idaho needs to be aware of?
Certain industries, such as healthcare, finance, and real estate, may have additional regulations that foreign LLCs in Idaho need to comply with.
Can a foreign LLC in Idaho open a business bank account?
Yes, foreign LLCs in Idaho can open a business bank account to manage their financial transactions and assets.
Is it required to have a physical office location for a foreign LLC in Idaho?
While not mandatory, having a physical office location in Idaho can help establish a stronger presence for your foreign LLC in the state.
Can a foreign LLC in Idaho operate online without a physical presence?
Yes, foreign LLCs can operate online without a physical presence in Idaho as long as they comply with state regulations and tax requirements.
Are foreign LLCs in Idaho required to collect sales tax on goods and services sold in the state?
Yes, foreign LLCs operating in Idaho must collect and remit sales tax on goods and services sold within the state.
How do I form a foreign LLC in Idaho?
To form a foreign LLC in Idaho, you must file a Certificate of Authority with the Idaho Secretary of State.
What is a foreign LLC in the context of Idaho?
A foreign LLC in Idaho refers to an LLC that was originally formed in another state but wishes to conduct business in Idaho.

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In Conclusion

Having a foreign LLC in Idaho is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Idaho does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in Idaho, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Idaho can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Idaho is a success.

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