An Ultimate Guide to Form an LLC in the State of Mississippi

A Certificate of Formation must be filed with the Mississippi Secretary of State in order to set up a Limited Liability Company in Mississippi. LLC is kind a business structure and is very easy to manage.

“Certificate of formation” means the certificate referred to in § 79-29-201, the certificate as amended or restated, and the certificate of merger. In the case of a foreign limited liability company, the term includes all documents serving a similar function that are required to be filed to form the limited liability company in the state or other jurisdiction where it is organized.

The MS Certificate of Formation must set forth:

• The proposed name of the Limited Liability Company.
• The street and mailing address of the registered office and the name and the street and mailing address of the registered agent for service of process, required to be maintained. A registered agent or service or process can either be a person or individual to serve. It can be be the same as any of its places of business. A limited liability company may change its registered office or registered agent, but must be notified to the Secretary of State.
• If the limited liability company is to have a specific date of dissolution, the latest date upon which the limited liability company is to dissolve.
• The certificate of formation may set forth any other matters the members determine to include therein.
• Purpose to set up the Limited Liability Company and it can be created for any lawful purpose.
• Operating agreement must be prepared to operate or organize the LLC, but it should not be sent to the Secretary of State to establish the LLC. It is prepared for the management use only.

Employer Identification Number for Mississippi

SS4 form must be submitted to the Internal Revenue Service to get an EIN, It utilizes to open a bank account, applying for the business licenses and filing taxes.

Eligibility of a Non US Resident to start llc in Mississippi

A Non US Resident is also eligible to incorporate a business in the USA without a Social Security Number. A Non US Resident files a Form W7, in order to get an ITIN to file taxes.

Election For The Entity Classification

• You can file form 2553 with the Internal Revenue Service to treat your Limited Liability Company as an S Corporation for the tax purposes only.
• File 8332 to treat your LLC as a Corporation for the tax purpose only.

Mississippi Sales and Use Tax

Business is engaged in sale taxable tangible personal property in the state of Mississippi is required to register for the sales tax license unless the law exempt it. A separate permit is required for each location. The permit does not expire and does not require renewal as long as the holder continues in the same business at the same location.

How to file Mississippi LLC Annual Report

The Limited Liability Company is registered and actively engaed doing business in the State of Mississippi is required to file an annual report every year from January 1st of each calendar year and is due by April 15th of that year. 

Helpful Links:

http://www.sos.ms.gov/Pages/default.aspx

http://www.dor.ms.gov/Pages/default.aspx