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Business Formation Guide·Updated Mar 4, 2026

How to Start a Business in Any State (2026)

A complete guide to starting a business from picking your entity type to opening a bank account. Covers all 50 states with real filing fees and requirements.

Mar 4, 202615 min read
Eliot Reynolds
Written byEliot Reynolds
Senior Legal Researcher & Business Analyst

In This Article

19 sections
0%
Quick Answer

The short version: Pick a business structure (LLC is the most popular for small businesses), register it with your state's filing office, get an EIN from the IRS (free), open a business bank account, and get any required licenses. Total time: 1 to 8 weeks. Total cost: $0 to $1,500 depending on your state and entity type.

What You'll Learn

  • An LLC is the most popular structure for new businesses because it protects your personal assets and keeps taxes simple
  • State filing fees range from $0 (no filing needed for sole props) to $500+ for corporations
  • You can get an EIN from the IRS for free in about 5 minutes online
  • Seven states have no personal income tax, which can save business owners thousands per year
  • Most businesses need at least one license or permit, but requirements vary by state and industry
  • You can start a sole proprietorship with zero paperwork in most states, but you get no liability protection

Note

Starting a business typically costs between $0 and $1500 depending on your state and entity type. A sole proprietorship can cost $0 in some states. An LLC runs $110 on average. Most founders finish the process in 1-8 weeks depending on state and entity type.

National Business Quick Facts

$35 - $500

LLC Filing Fee Range

$25

Median Sole Prop Fee

$100

Median Corp Fee

7

No Income Tax States

8

Require State Biz License

50

States + DC

No State Income Tax:

Alaska, Florida, Nevada, South Dakota, Texas, Washington, Wyoming

Step 1

Choose Your Business Idea and Validate It

Before you file anything, make sure people will actually pay for what you're selling. Talk to potential customers. Search Google Trends to see if demand is growing or shrinking. Check if competitors exist (that's usually a good sign, not a bad one).

You don't need a perfect idea. You need one that solves a real problem for people who are willing to spend money on it. The best validation is getting someone to pay you before you've spent a dollar on registration.

Common Mistakes

  • Spending months on a business plan before talking to a single customer. Skip the 50-page plan. Start with conversations.
Step 2

Write a Simple Business Plan

You don't need a 50-page document. Write one page that answers four questions: What are you selling? Who is buying it? How will you reach them? What will it cost to get started?

If you're applying for a loan or grant, you'll need a more detailed plan. The SBA has free templates. But for most bootstrapped businesses, a one-page plan is more than enough to get started.

Common Mistakes

  • Over-planning and under-doing. A plan that sits in a drawer helps nobody. Keep it short and revisit it quarterly.
Step 3

Choose Your Business Structure

This is the biggest decision you'll make early on. Your four main options:

  • Sole proprietorship: No paperwork, no filing fees, no liability protection. Good for low-risk side hustles.
  • LLC: Filing fees range from $40 (Kentucky) to $500 (Massachusetts). You get personal asset protection and flexible taxes. This is the most popular choice for small businesses.
  • S-Corp: Same liability protection as an LLC, but can save you money on self-employment taxes once you're earning $60K+ per year. Requires more paperwork.
  • C-Corp: Required if you plan to raise venture capital. Double taxation makes it a bad fit for most small businesses.

For most people reading this guide, an LLC is the right answer. It's simple, cheap, and protects your personal bank account if something goes wrong.

Common Mistakes

  • Forming a C-Corp because you think you need one. Unless you're raising venture capital, an LLC or S-Corp is almost always better.
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Recommended: ZenBusiness

Handles LLC formation, registered agent, and EIN filing. Free starter plan available. From $0 + state fees.

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Step 4

Pick Your State of Formation

Most businesses should register in the state where they physically operate. That's it. Don't overthink this.

You've probably heard that Delaware and Wyoming are great for business. That's true for venture-backed startups and holding companies. For a local business or online business run by one or two people, your home state is almost always the cheapest and simplest option. Registering in another state means you'll need a registered agent there, and you'll still have to register as a foreign entity in your home state. That's double the fees and double the paperwork.

Common Mistakes

  • Registering in Delaware or Wyoming when you operate in another state. You'll end up paying fees in both states.
Step 5

Register Your Business Name

If you're forming an LLC or corporation, your business name gets registered automatically when you file your formation documents. The state will reject your filing if someone else already has the name.

If you're operating as a sole proprietor under a name that isn't your legal name, you'll need to file a DBA ("doing business as"). DBA fees range from $10 to $150 depending on your state and county.

Before you settle on a name, search your state's business registry to make sure it's available. Also check if the .com domain is available and do a quick trademark search on USPTO.gov.

Common Mistakes

  • Picking a name without checking if the domain and trademark are available. Rebranding later is expensive and confusing for customers.
ZB logo

Recommended: ZenBusiness

Handles LLC formation, registered agent, and EIN filing. Free starter plan available. From $0 + state fees.

4.5
Get Started →
Step 6

File Your Formation Documents

For an LLC, you'll file Articles of Organization with your state's Secretary of State (or equivalent office). For a corporation, it's Articles of Incorporation. Sole proprietors skip this step entirely.

Filing fees vary a lot by state. Kentucky charges $40 for an LLC. Massachusetts charges $500. Most states fall in the $50-$200 range. Many states now let you file online, which is usually faster and sometimes cheaper.

Processing times range from same-day (online in some states) to 4-6 weeks (paper filing in slower states). Most states offer expedited processing for an extra fee.

Common Mistakes

  • Paying a formation service $300+ for something you can do yourself on your state's website in 15 minutes. Use a service only if you want convenience, not because you need one.
Step 7

Get an EIN from the IRS

An EIN (Employer Identification Number) is like a Social Security number for your business. You need one to open a business bank account, hire employees, and file business taxes.

Getting one is free and takes about 5 minutes on the IRS website. You'll get your number instantly after submitting the online application. The IRS EIN application is available Monday through Friday, 7am to 10pm Eastern.

Even sole proprietors should get an EIN. It lets you use your EIN instead of your Social Security number on tax forms and with clients, which is better for privacy.

Common Mistakes

  • Paying a service to get your EIN. It's free from the IRS. Any company charging you for this is reselling a free government service.
Step 8

Open a Business Bank Account

Keep your business money separate from your personal money. This isn't optional if you have an LLC or corporation. Mixing funds can "pierce the corporate veil" and eliminate your liability protection.

Most banks offer free or low-cost business checking. You'll need your EIN, formation documents, and a government-issued ID to open the account. Some banks let you do this online. Others require you to visit a branch.

Popular options: Chase, Bank of America, and Wells Fargo for traditional banking. Mercury, Relay, and Novo for online-only business banking with no monthly fees.

Common Mistakes

  • Using your personal bank account for business transactions. This is the fastest way to lose your LLC's liability protection.
Step 9

Get Licenses and Permits

License requirements depend on your state, city, and industry. Some businesses need a general business license from their city or county. Others need industry-specific permits (food handling, professional licenses, home occupation permits, etc.).

The SBA has a tool at sba.gov that helps you figure out which licenses you need based on your location and business type. Your state's Secretary of State website usually has a checklist too.

Some states don't require a general business license at all. Others require one for every business. Check your state guide for specifics.

Common Mistakes

  • Skipping local permits. State registration doesn't cover city or county requirements. Check with your local clerk's office.
Step 10

Set Up Accounting and File Taxes

At minimum, you need a way to track income and expenses. QuickBooks Self-Employed starts at $15/month. Wave is free. A spreadsheet works too if you're just getting started.

Your tax obligations depend on your business structure. Sole proprietors report business income on Schedule C of their personal return. LLC members do the same (unless they elect S-Corp taxation). S-Corps and C-Corps have their own tax returns.

Set aside 25-30% of your profit for taxes if you're self-employed. Pay quarterly estimated taxes to avoid penalties. The IRS deadlines are April 15, June 15, September 15, and January 15.

Common Mistakes

  • Not setting money aside for taxes. Self-employment tax alone is 15.3% of your profit. Add income tax on top of that.

Cost Breakdown

What It Actually Costs to Start a Business

The total cost depends on three things: your business structure, your state, and your industry.

Cheapest route: Start a sole proprietorship in a state that doesn't require a general business license. Total cost: $0. You won't have liability protection, but you can always form an LLC later.

Most common route: Form an LLC in your home state. Budget $50-$300 for the state filing fee, $0 for the EIN, and $0-$100 for a DBA if needed. Total: $50-$400.

Most expensive route: Form a corporation in a state like Massachusetts ($500 filing fee) with a registered agent ($300/year) and full business insurance ($200/month). First-year costs can exceed $3,000.

The good news: the basic requirements are cheap. An EIN is free. Many banks offer free business checking. The SBA's resources are free. The biggest costs are state filing fees and ongoing taxes, not the startup process itself.

ItemCost RangeNotes
Sole Proprietorship RegistrationFree in most states. Some require a DBA filing.
LLC Filing FeeVaries by state. Kentucky ($40) to Massachusetts ($500).
Corporation Filing FeeSimilar range to LLCs. Some states charge more for corps.
DBA FilingRequired if operating under a name that isn't your legal name.
EIN (Tax ID)Free from the IRS. Never pay for this.
Business Bank AccountMany banks offer free business checking. Some charge monthly.
Business LicenseVaries by state, city, and industry. Some states don't require one.
Registered AgentRequired for LLCs and corps. You can be your own, or hire one for $39-$300/yr.
Business InsuranceMonthly cost. General liability starts around $30/month for low-risk businesses.

How Rules Vary by State

How Business Requirements Differ by State

Every state has its own rules for starting a business, and the differences add up. Here's what varies most:

Filing fees: LLC filing fees range from $40 (Kentucky) to $500 (Massachusetts). Corporation fees have a similar spread. Sole proprietorships are free in most states, though some require a DBA filing ($10-$150).

Processing times: Some states process online filings the same day. Others take 4-6 weeks for standard processing. Most offer expedited service for $25-$100 extra.

Taxes: Seven states have no personal income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Texas, and Wyoming. States like California and New York have some of the highest rates. Some states also charge franchise taxes or gross receipts taxes on top of income tax.

Licenses: Some states (like Alaska) don't require a general business license. Others require one for virtually every business operating within their borders. Cities and counties add their own requirements on top.

Annual requirements: Most LLCs and corporations have to file an annual report and pay an annual fee. These range from $0 to $800+ (California's LLC franchise tax is $800/year minimum, regardless of revenue).

States with Unique Requirements

New YorkCaliforniaMassachusettsArizonaNebraska

50-State Business Comparison

Click any column header to sort. Click a state name to view its full business guide.

State LLC Fee Sole Prop Fee Corp Fee Income Tax Sales Tax
Alabama$208$30$2002% to 5% graduated4%
Alaska$250$25$250None0% (no state sales tax; local taxes vary up to 7.5%)
Arizona$50-$602.5% flat rate5.6% (Transaction Privilege Tax)
Arkansas$45$23$452% to 4.4% graduated rate6.5%
California$70$26$1001% to 13.3% (progressive brackets)7.25% (state base; local rates push it to 7.25%-10.75%)
Colorado$50$20$504.4% flat rate2.9%
Connecticut$120$20$4003% to 6.99% (graduated)6.35%
Delaware$110$75$892.2% to 6.6% (graduated)None
Florida$125$50$70None6%
Georgia$110$25$1005.39% flat rate (2026)4%
Hawaii$51$51$511.4% to 11% (graduated)4% General Excise Tax (GET)
Idaho$100$25$1005.695% flat rate6%
Illinois$150$30$1754.95% flat rate6.25%
Indiana$95$20$1003.05% flat rate7%
Iowa$50$5$503.9% flat rate (2026)6%
Kansas$160-$903.1% to 5.7% (three brackets)6.5%
Kentucky$40$20$404.0% flat rate6%
Louisiana$105$75$751.85% to 4.25% (3 brackets)4.45%
Maine$175$125$1455.8% to 7.15% (graduated)5.5%
Maryland$100$25$1702% to 5.75% (graduated)6%
Massachusetts$500$65$2755% flat rate (plus 4% surtax on income over $1M)6.25%
Michigan$50$25$604.25% flat rate6%
Minnesota$155$50$1555.35% to 9.85% (four brackets)6.875%
Mississippi$50$25$505% flat rate (as of 2026, phasing down)7%
Missouri$50$7$581.5% to 5.3% (graduated brackets)4.225%
Montana$35$20$351% to 6.75% (graduated)0% (no state sales tax)
Nebraska$100$100$1002.46% to 5.84% (graduated)5.5%
Nevada$425$200$725None6.85%
New Hampshire$102$52$100None (no personal income tax)None
New Jersey$125$50$1251.4% to 10.75% (graduated brackets)6.625%
New Mexico$50-$1001.7% to 5.9% (graduated brackets)5.0% (Gross Receipts Tax, effective rate 5% to 9% with local)
New York$200-$1254% to 10.9% (graduated brackets)4% (state) + up to 4.875% local
North Carolina$125$26$1254.5% flat rate (2026)4.75%
North Dakota$135$25$1001.95% flat rate (2026)5%
Ohio$99$125$990% to 3.5% (graduated brackets)5.75%
Oklahoma$104$25$504.0% flat rate (corporate)4.5%
Oregon$100$50$1004.75% to 9.9% (graduated)None
Pennsylvania$125$70$1253.07% flat rate6%
Rhode Island$156$53$2303.75% to 5.99% (3 brackets)7%
South Carolina$110-$1100% to 6.5% (graduated)6%
South Dakota$150$10$150None4%
Tennessee$300$20$100None (no individual income tax)7%
Texas$300$25$300None6.25%
Utah$59$18$704.65% flat rate6.1%
Vermont$155$50$1253.35% to 8.75% (progressive)6%
Virginia$100$10$1002% to 5.75% (graduated brackets)5.3% (4.3% state + 1% local)
Washington$200$15$180None6.5%
West Virginia$100$25$1002.36% to 5.12% (graduated, 5 brackets)6%
Wisconsin$130$25$1003.5% to 7.65% (4 brackets)5%
Wyoming$104$100$100None4%

Business Guides by State

Top LLC Formation Services

Most new business owners form an LLC. We tested every major formation service. Here's how they compare.

FeatureZenBusinessNorthwest Registered AgentTailor Brands
Starting Price$0 + state fees$39 + state fees$0 + state fees
Formation Speed1-10 business daysSame-day filing2-14 business days
SupportPhone, Chat, EmailLifetime Corporate GuidesPhone, Chat, Email
States Covered50 states50 states50 states
In Business Since201519982014
Get StartedGet StartedGet Started

Frequently Asked Questions

Common Mistakes to Avoid

Common Mistakes When Starting a Business

Picking the wrong structure. New business owners either overcomplicate things (forming a C-Corp for a freelance consulting business) or leave money on the table (staying a sole prop when an LLC would save them from personal liability). An LLC is the right fit for 80% of small businesses.

Registering in the wrong state. Unless you have a specific legal or tax reason, register in the state where you actually work. Forming in Delaware or Wyoming when you operate in California means paying fees in two states and maintaining two registrations.

Skipping the bank account. Mixing personal and business finances is the fastest way to lose your LLC's liability protection. It also makes tax time a nightmare. Get a separate account from day one.

Not setting aside money for taxes. Self-employment tax is 15.3% of your profit. Add federal and state income tax on top. If you don't save 25-30% of every dollar you earn, you'll get hit with a tax bill you can't pay.

Paying for things that are free. An EIN is free from the IRS. State business registries are free to search. SBA resources are free. Don't pay $200 for an EIN or $500 for a "business formation package" that just submits a free form on your behalf.

Forgetting ongoing requirements. Most LLCs and corporations have annual reports, franchise taxes, or renewal fees. Miss a deadline and your state can dissolve your business or charge late penalties.

Sources

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About the Author

Eliot Reynolds

Senior Legal Researcher & Business Analyst

Eliot combines decades of boots-on-the-ground small business management with deep expertise in legal consulting. Building his career in New Jersey, he spent years helping local, brick-and-mortar startups navigate the complex web of municipal, state, and federal regulations. He isn't a high-tower academic; he's a street-smart consultant who has personally walked hundreds of entrepreneurs through the structural and legal growing pains of running a business.

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