If you have an LLC in Wyoming and want to expand your business beyond Wyoming, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Wyoming, must file a foreign LLC in Wyoming. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Wyoming government.
In this article, you’ll be reading about how to start a foreign LLC in Wyoming. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Wyoming after you form it.
Forming a Foreign LLC in Wyoming
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 Wyoming, 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 Wyoming) and wants to expand their operations in Wyoming can file their LLC as a foreign entity. To start a foreign LLC in Wyoming, you need to register it with the Wyoming Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Wyoming for registering a foreign LLC.
Note: These are generic steps to file a foreign LLC in Wyoming. 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 Wyoming 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 Wyoming, then you must obtain the Certificate of Good Standing from Wyoming 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 Wyoming must get this document to register a foreign LLC in Wyoming.
Filing Certificate of Good Standing: In Wyoming, for an LLC, it is easy to obtain the Certificate of Good Standing. You can Apply for the Certificate of Good Standing by visiting the online portal. You are required to enter the business filing number on the page and continue to file the request for the document.
Step 2: Choose Wyoming Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Wyoming Secretary of State. Your LLC’s legal name outside of Wyoming will be listed on the application, along with the name it will use in Wyoming. 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 Wyoming to use. Check name availability at Wyoming’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Wyoming when it comes to forming a foreign LLC. Check the guidelines before you name your business.
Step 3: Select Wyoming 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 Wyoming, you must have a registered agent from Wyoming only. No matter where your domestic LLC is located, you must hire a registered agent from Wyoming for your foreign LLC.
You’ll need a registered agent to form a foreign LLC in Wyoming and take note that the Wyoming 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:
Step 4: File Application for Registration for Wyoming Foreign LLC
The most important step is to send the application for registration with Wyoming SOS. Download the PDF form from the Wyoming 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 Wyoming: two methods, by mail and in person.
- Online: There is no online filing available
- Offline: For filing offline in Wyoming, you must send the accomplished DBA filing form to the Wyoming Secretary of State, Business Division, 2020 Carey Avenue, Suite 700, Cheyenne, WY 82002-0020 or drop it off in person at the same address.
- DBA filing fee in Wyoming: $100
- LLC’s principal office and mailing addresses
- LLC formation state and date.
- Registered agent’s name and address in Wyoming.
- Date when your LLC will start operations in Wyoming.
- Credit card information is on the last page of the form for the application fee.
Online Filing
Not Applicable
Offline Filling
To start a foreign limited liability company in Wyoming, you should get the Foreign LLC Registration Form. It is a PDF form that is required to be filled up with appropriate information regarding your LLC (existing and new). Be sure to read the instructions mentioned on page 1 of the form before you proceed to fill up the document. The printed copy of the form should be sent to the SOS address at Wyoming Secretary of State, 2020 Carey Avenue, Suite 700, Cheyenne, WY 82002. The Good Standing Certificate (latest) must be attached to the form at the time of submission.
Foreign LLC Registration Fee in Wyoming: Apart from the cost of the Good Standing Certificate ($0 to $50), the filing fee for the foreign LLC in Wyoming is $150. There is no hidden or additional charge for filing a foreign LLC in Wyoming state. The payment must be done using checks for offline filing (other methods might be available). You can also pay by credit card or authorized debit card at the counter.
The LLC cost in Wyoming, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Wyoming’s domestic and foreign LLCs.
Step 5: Determine How Your Wyoming Foreign LLC is taxed
Foreign LLCs are also subjected to the Wyoming 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 Wyoming 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 Wyoming. However, it is recommended to check with the Wyoming 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 Wyoming 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 Wyoming to use for your foreign LLC. If not, file DBA name with Wyoming SOS.
- Get a registered agent in Wyoming to represent your foreign LLC in Wyoming. Recommended, professional help instead of being your own registered agent.
- File the Application of Foreign LLC with the Wyoming 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 Wyoming with the FinCEN.
After Forming Wyoming Foreign LLC
Here are added things you need to accomplish after forming your Wyoming Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Wyoming 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 Wyoming. Here’s everything about Wyoming LLC Annual Reports.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
FAQs
Also Read
- Alabama Foreign LLC
- Alaska Foreign LLC
- Arizona Foreign LLC
- Arkansas Foreign LLC
- California Foreign LLC
- Colorado Foreign LLC
- Connecticut Foreign LLC
- Delaware Foreign LLC
- DC Foreign LLC
- Florida Foreign LLC
- Georgia Foreign LLC
- Hawaii Foreign LLC
- Idaho Foreign LLC
- Illinois Foreign LLC
- Indiana Foreign LLC
- Iowa Foreign LLC
- Kansas Foreign LLC
- Kentucky Foreign LLC
- Louisiana Foreign LLC
- Maine Foreign LLC
- Maryland Foreign LLC
- Massachusetts Foreign LLC
- Michigan Foreign LLC
- Minnesota Foreign LLC
- Mississippi Foreign LLC
- Missouri Foreign LLC
- Montana Foreign LLC
- Nebraska Foreign LLC
- Nevada Foreign LLC
- New Hampshire Foreign LLC
- New Jersey Foreign LLC
- New Mexico Foreign LLC
- New York Foreign LLC
- North Carolina Foreign LLC
- North Dakota Foreign LLC
- Ohio Foreign LLC
- Oklahoma Foreign LLC
- Oregon Foreign LLC
- Pennsylvania Foreign LLC
- Rhode Island Foreign LLC
- South Carolina Foreign LLC
- South Dakota Foreign LLC
- Tennessee Foreign LLC
- Texas Foreign LLC
- Utah Foreign LLC
- Vermont Foreign LLC
- Virginia Foreign LLC
- Washington Foreign LLC
- West Virginia Foreign LLC
- Wisconsin Foreign LLC
- Wyoming Foreign LLC
In Conclusion
Having a foreign LLC in Wyoming is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Wyoming 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 Wyoming, 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 Wyoming 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 Wyoming is a success.