How to Start an LLC in Maine (2023 Guide)

How to Form an LLC in Maine in 5 Steps

In order to form your LLC in Maine, you will need to complete the following steps:

1. Name Your LLC
2. Choose a Registered Agent
3. File Your Certificate of Formation
4. File Your Limited Liability Company Agreement (i.e., Operating Agreement)
5. Obtain an EIN

Step 1: Name Your Maine LLC

Before you get started, you will need to pick a suitable name for yourMaine LLC.

This will need to comply with all applicable Maine naming requirements and be both succinct and memorable, as this will make it easily searchable by your potential clients.

1. Important Naming Guidelines for Maine LLCs:

• Your name must include the phrase “limited liability company” or one of its abbreviations (e.g., LLC. L.L.C, etc.). In the case of a low-profit LLC, the phrase "L3C" or "13c" must be included instead.
• Your name cannot include words that could confuse your LLC with a government agency (e.g., FBI, Treasury, State Department, etc.).
• Your name must be distinguishable from any other Maine limited liability company, corporation, limited liability partnership or limited partnership.
• When considering the uniqueness of your LLC’s name, it will disregard certain elements, including entity type descriptors, the use or omission of "and" and "the," and variations in punctuation, capitalization, or special characters.
• Prohibited words and phrasing include obscene language, promote abusive or unlawful activities, or falsely suggest an association with public institutions.

For a complete list of naming rules in Maine, we recommend checking out Maine's officialNaming Guidelines．

2. Is the name available in Maine?

To check whether your desired name is already taken by another business entity in Maine, you can perform aBusiness Entity Searchon the Maine Secretary of State website.

If you’re not going tostart your LLCright away, it might be a good idea to consider reserving your name for up to 120 days.

For more information, you can have a look at ourMaine LLC Name Searchguide.

3．Is the URL available?

We recommend that you check online to see if your business name is available as a网络域．Even if you don't plan to make a business website right away, this is an extremely important step as it will prevent others from acquiring it — potentially saving you both time and money in the long term.

Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.

We reviewed and ranked the118金宝app ．Find out which is best for you.

FAQ: Naming a Maine LLC

Step 2: Choose a Registered Agent in Maine

After you find the right name for your LLC, you will need to nominate aMaine registered agent．这是一个必要的步骤,你的证书Formation (i.e., the document used to file and register your LLC with the Secretary of State).

What is a registered agent?A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. You can think of your registered agent as your business's primary point of contact with the state.

Who can be a registered agent?A registered agent must be a resident of Maine or a corporation — such as a registered agent service, an individual in your company (e.g., yourself, etc.), or a business attorney — that is authorized to transact business in Maine.

Keep in mind that the SOS’s Bureau of Corporations, Elections, and Commissions offers a commercial registered agent online listing service, which you can use to find a Maine registered agent for your business.

FAQ: Nominating a Registered Agent

Step 3: File the Maine LLC Certificate of Formation

To register your Maine LLC, you will need to fileForm MLLC-6: Certificate of Formationwith the Secretary of State. You can only apply by mail.

Before filing, you’ll need to have certain information on hand to be able to complete your Certificate of Formation correctly, including:

• The name of your LLC
• The date of filing or effective later date (if applicable)
• Whether You’ll Elect as a Low-Profit LLC
• Your Professional LLC Election (if applicable)
• The name of your registered agent (either commercial or noncommercial)
• Any special handling requests (e.g., 24-hour expedited filing, immediate filing, attested copy, etc.).

For help with completing the form, visit ourMaine Certificate of Formationguide.

Note:If you're expanding your existing LLC to the state of Maine, you will need to form aforeign limited liability company(LLC).

FAQ: Filing Maine LLC Documents

Step 4: Create a Maine LLC Operating Agreement

Maine’s default LLC statutes require LLCs to form an operating agreement perRevised Statutes Section 1531.1.Bof the state's legal code.

What is an operating agreement?An operating agreement is a legal document outlining the ownership and operating procedures of an LLC. Maine refers to the operating agreement as the limited liability company agreement.

Why are operating agreements important?A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read ourMaine LLC operating agreement．

FAQ: Creating a Maine LLC Operating Agreement

第五步:得到一个缅因州LLC静脉

You can get an Employer Identification Number (EIN) from the IRS for free. It is used to identify a business entity and keep track of a business’s tax reporting. It is essentially a Social Security number (SSN) for the company.

Why do I need an EIN?An EIN number is required for the following:

• To open abusiness bank accountfor the company
• For federal and state tax purposes
• 为th雇佣员工e company

Where do I get an EIN?An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.

FOR INTERNATIONAL APPLICANTS:Youdo not need an SSNto get an EIN.Learn more here．

FAQ: Getting an EIN

Maintain Your Maine LLC

After you’ve successfully formed your LLC, there are a couple of steps you’ll need to periodically take in order to maintain it, including:

• Filing an annual report
• Sorting out your tax requirements

We’ve provided more information on how to complete each of these steps below.

File an Annual Report

In Maine, maintaining good standing as an LLC involves submitting an annual report and $85 filing fee to the Secretary of State. Maine LLC annual reports must be submitted by June 1 of each year, either by mail or online.

You can easily file online by using theMaine Secretary of State'swebsite, which provides instructions on the filing process. Alternatively, you can download the Maine LLC annual report form from this website and mail it to the specified address once you’ve filled it out with your LLC's information.

Note:Whether you choose to file online or by mail, ensuring your annual report is accurate and submitted on time is key in order to avoid penalties.

Sort Out Your Taxes

LLCs in Maine will need to pay a number of taxes at a local, state, and federal level. With that said, the taxes your LLC must pay will vary depending on the nature of your business (e.g., its industry, niche, and number of employees, etc.).

Below, we’ve broken down the most common taxes in Maine that your LLC may be expected to pay:

Income Taxes

As is the case in many other states, your LLC will be liable to pay income tax at a state level, which is required in addition to its federal income tax obligations. The two main types of state income tax you may need to pay in Maine are:

• Personal Income Tax:This is set at a gradual rate that varies between 5.8% and 7.15% depending on the income level of an individual or LLC treated as a disregarded entity.
• Corporate Income Tax:This tax is also set at a gradual rate that varies between 3.5% and 8.93% for LLCs taxed as corporations that generate more than $350,000 in annual revenue.

You can file your LLC’s income taxes online quickly and easily using theMaine Tax Portal．

Sales and Use Taxes

Sales and use taxes are collected from your customers at the point of sale and then remitted to the state governments. In Maine there are a variety of different tax rates that apply to specific categories of goods and services instead of one uniform rate.

Below, we’ve outlined the main groups of taxable items and services and their corresponding tax rate:

• General Sales:Most everyday transactions are covered by a flat rate of 5.5%. This rate is applied to the sale and use of most tangible personal property and services within Maine.

• Lodging Rentals:A flat tax rate of 9% is charged on the price of short-term accommodations in the state, such as motels and hotels.

• Prepared Food and Alcoholic Drinks:Establishments licensed to sell these goods must levy sales tax at a higher rate of 8%.

• Service Provider Tax:A sales tax rate of 6% is applied to certain specific business activities performed in Maine, such as ancillary services, telecommunications services, and home support services.

• Short Term Auto Rentals:Rentals of cars and vans in the short-term have a sales tax rate of 10% applied at the point of sale.

After registering with Maine Revenue Services, your LLC will need to submit aSales and Use Tax Returnevery month by the 15th.

Employment Taxes

LLCs in Maine that hire any employees are also subject to two additional statewide taxes:

• Withholding Tax:Similar to at a federal level, employers in Maine are required to deduct state income tax from the earnings of their employees and submit these withholdings to Maine Revenue Services. Tax should be withheld at a rate that mirrors what the employee would pay in personal income tax.
• Unemployment Insurance (UI) Tax:Your LLC will need to pay UI tax on the first $12,000 earned by each employee. If you’re a new employer, UI tax is applied at a combined rate of 2.19%, otherwise UI tax is applied at a rate that varies between 0.22% and 5.69% depending on your LLC’s experience rating.

Both of these employment taxes must be filed every quarter, which can be done online using theMaine Tax Portal．

Property Taxes

If your LLC owns any real property like land, buildings, or even certain types of equipment, it will likely need to pay property taxes. In Maine these are administered by local municipalities, which will assess the total market value of your LLC’s property in accordance with the Maine Constitution.

This value is then used as a basis for calculating your tax bill by applying the local property tax rate in effect in the area. To get a better idea of how property tax will work for your business, you can get in contact with the relevant officials in your municipality using Maine’smunicipal directoryor employ the help of an accountant.

记住,除了适用的taxes from the list above, your LLC will be required to pay certain federal taxes regardless of where it’s registered. This often includes corporation and employer taxes — for LLCs taxed as C corporations — and income and self-employment taxes (for LLCs taxed as pass-through entities).

Related Articles

• 缅因州有限责任公司成本
• Maine LLC Taxes
• Maine LLC Operating Agreement
• Maine LLC Registered Agent
• Maine LLC Annual Report
• How to File Certificate of Formation in Maine
• Maine LLC Name Search

Maine Business Resources

• Maine Secretary of State Business Services
• Maine LLC Statutes
• Maine Small Business Resources