How to Start a Foreign LLC in Nebraska (Step-by-Step Guide)

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

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

Forming a Foreign LLC in Nebraska

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 Nebraska, 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 Nebraska) and wants to expand their operations in Nebraska can file their LLC as a foreign entity. To start a foreign LLC in Nebraska, you need to register it with the Nebraska Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Nebraska for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Nebraska. 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

Before you proceed to register your LLC in Nebraska 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 Nebraska, then you must obtain the Certificate of Good Standing from Nebraska 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 Nebraska must get this document to register a foreign LLC in Nebraska.

Filing Certificate of Good Standing: In Nebraska, you can get the Certificate of Good Standing by online Business Details Search. Go to the page, and search business by name starting with, or sound like, keyword, etc to find the details of the business. On the details page, you can select the Certificate of Good Standing option at the bottom of the page.

Step 2: Choose Nebraska Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Nebraska Secretary of State. Your LLC’s legal name outside of Nebraska will be listed on the application, along with the name it will use in Nebraska. 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 Nebraska to use. Check name availability at Nebraska’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Nebraska when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Nebraska 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 Nebraska, you must have a registered agent from Nebraska only. No matter where your domestic LLC is located, you must hire a registered agent from Nebraska for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Nebraska and take note that the Nebraska 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 Nebraska Foreign LLC

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

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 Nebraska: two methods, by mail and in person.
- Online: There is no online filing available
- Offline: For filing offline, you must send the accomplished DBA filing form to the Nebraska Secretary of State, Business Services Division, 1201 N Street, Suite 120, Lincoln, NE 68508 or drop it off in person at the same address.
- DBA filing fee in Nebraska: $100
LLC’s principal office and mailing addresses
LLC formation state and date.
Registered agent’s name and address in Nebraska.
Date when your LLC will start operations in Nebraska.
Credit card information is on the last page of the form for the application fee.

Online Filing

In Nebraska, to file a foreign LLC online, you must Sign in to SOS. On the following page, before you head to log in, choose if you want to file a trade name or file your LLC as a foreign entity in Nebraska. Once you are logged in (created an account with the portal), you can complete the online form and submit it along with the payment.

Offline Filling

The offline filing of a foreign LLC in Nebraska requires a PDF form to be filled up and submitted. The Foreign LLC Registration Form must be filled up with the information related to the domestic LLC in another state. Make sure to have an updated Certificate of Authority from the domestic state. The foreign LLC registration form along with other documents must be sent to the SOS address Robert B. Evnen, Secretary of State, P.O. Box 94608, Lincoln, NE 685098 by mail or in person.

Foreign LLC Registration Fee in Nebraska: The cost of filing an LLC in Nebraska as a foreign entity is $100 for online filing and $110 for offline filing. An additional $10 must be paid for the certificate copies to the SOS. The online payment must be done using a credit card and offline payments must be done using checks.

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

Step 5: Determine How Your Nebraska Foreign LLC is taxed

Foreign LLCs are also subjected to the Nebraska 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 Nebraska 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 Nebraska. However, it is recommended to check with the Nebraska 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 Nebraska Foreign LLC Online – Quick Recap

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

After Forming Nebraska Foreign LLC

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

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

FAQs

Why should I consider forming a foreign LLC in Nebraska?

Forming a foreign LLC in Nebraska allows you to do business in the state without having to fully incorporate there.

What is a foreign LLC in Nebraska?

A foreign LLC in Nebraska is a limited liability company that was formed in another state but wants to do business in Nebraska.

What are the steps to form a foreign LLC in Nebraska?

To form a foreign LLC in Nebraska, you will need to file an Application for Certificate of Authority with the Nebraska Secretary of State.

Can a foreign LLC in Nebraska be formed online?

Yes, you can file the necessary paperwork to form a foreign LLC in Nebraska online through the Nebraska Secretary of State’s website.

What is the filing fee for a foreign LLC in Nebraska?

The filing fee for a foreign LLC in Nebraska is $125.

Is a registered agent required for a foreign LLC in Nebraska?

Yes, a foreign LLC in Nebraska is required to have a registered agent with a physical address in the state.

Can I serve as my own registered agent for my foreign LLC in Nebraska?

Yes, you can serve as your own registered agent for your foreign LLC in Nebraska as long as you have a physical address in the state.

Are there any annual maintenance requirements for a foreign LLC in Nebraska?

Yes, foreign LLCs in Nebraska must file an annual report and pay a $10 fee to the Nebraska Secretary of State.

How long does it take to form a foreign LLC in Nebraska?

The processing time for forming a foreign LLC in Nebraska can vary, but it typically takes around 2-3 weeks.

Can I convert my foreign LLC in Nebraska to a domestic LLC?

Yes, you can convert your foreign LLC in Nebraska to a domestic LLC by filing a Certificate of Conversion with the Nebraska Secretary of State.

Do I need an EIN for my foreign LLC in Nebraska?

Yes, you will need an Employer Identification Number (EIN) from the IRS for your foreign LLC in Nebraska.

What taxes does a foreign LLC in Nebraska need to pay?

Foreign LLCs in Nebraska are generally subject to income tax and a business privilege tax.

Do foreign LLCs in Nebraska need to file state tax returns?

Yes, foreign LLCs in Nebraska are required to file state tax returns if they have income sourced in the state.

What is a Certificate of Good Standing, and do I need one for my foreign LLC in Nebraska?

A Certificate of Good Standing is a document that shows your LLC is in compliance with all state requirements. Some banks and lenders may require it when opening a business bank account

Can I change the name of my foreign LLC in Nebraska?

Yes, you can change the name of your foreign LLC in Nebraska by filing an amendment to your Certificate of Authority with the state.

Are there any restrictions on the name I can choose for my foreign LLC in Nebraska?

Yes, the name of your foreign LLC in Nebraska must be distinguishable from other registered businesses in the state.

What is a Certificate of Authority in Nebraska?

A Certificate of Authority in Nebraska is the official document that allows a foreign LLC to transact business in the state.

Do foreign LLCs in Nebraska need to have a physical office in the state?

No, foreign LLCs in Nebraska do not need to have a physical office in the state, but they do need to have a registered agent with an address in Nebraska.

What is the difference between a domestic LLC and a foreign LLC in Nebraska?

A domestic LLC is one that was formed in Nebraska, while a foreign LLC is one that was formed in another state but wants to do business in Nebraska.

Can I form a series LLC as a foreign LLC in Nebraska?

Yes, you can form a series LLC as a foreign LLC in Nebraska, as long as you follow the required guidelines.

What is a Certificate of Conversion in Nebraska?

A Certificate of Conversion in Nebraska is the document filed when converting a foreign LLC to a domestic LLC.

Can I apply for tax exemptions for my foreign LLC in Nebraska?

Yes, foreign LLCs in Nebraska may be eligible for certain tax exemptions, depending on the nature of their business activities.

Do I need to publish a notice in a newspaper when forming a foreign LLC in Nebraska?

No, there is no requirement to publish a notice in a newspaper when forming a foreign LLC in Nebraska.

Are there any penalties for not registering as a foreign LLC in Nebraska?

Yes, operating as a foreign LLC in Nebraska without proper registration can lead to fines, penalties, and legal liabilities.

Will my foreign LLC in Nebraska need to get a state business license?

Yes, depending on the nature of your business activities, your foreign LLC in Nebraska may need to obtain a state business license.

Can I apply for grants or loans as a foreign LLC in Nebraska?

Yes, foreign LLCs in Nebraska are eligible to apply for grants and loans from state and federal government programs.

How can I dissolve my foreign LLC in Nebraska?

To dissolve your foreign LLC in Nebraska, you will need to file Articles of Dissolution with the Nebraska Secretary of State.

Can I change the registered agent for my foreign LLC in Nebraska?

Yes, you can change the registered agent for your foreign LLC in Nebraska by filing a Statement of Change of Registered Agent with the state.

Do I need to be a resident of Nebraska to form a foreign LLC in the state?

No, you do not need to be a resident of Nebraska to form a foreign LLC there.

What is the process for registering a foreign LLC in Nebraska?

The process typically involves filing the necessary paperwork and paying the required fees with the Nebraska Secretary of State.

In Conclusion

Having a foreign LLC in Nebraska is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Nebraska 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 Nebraska, 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 Nebraska 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 Nebraska is a success.