How to Start an LLC in North Dakota
Form your North Dakota LLC online with transparent pricing, registered agent service and real human support. Incofile prepares and files your Articles of Organization for you.
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North Dakota LLC filing fee & timeline
To form an LLC in North Dakota you file your Articles of Organization with the state and pay the state filing fee of $135. Incofile adds a flat, one-time service fee on top — no monthly charges — and your total is always shown before you pay.
Most North Dakota LLC filings are prepared and submitted within one business day. State approval time depends on North Dakota's current processing queue, typically ranging from a few business days to a few weeks, with expedited options available in many states.
Why form an LLC in North Dakota
North Dakota LLCs are filed online through the FirstStop portal for $135, with a $50 annual report due each 15 November. The state has one of the lowest income taxes in the country — 0% on the first $49,575 of a single filer’s income and a top rate of 2.5%.
North Dakota LLC at a glance
| State filing fee | $135 |
|---|---|
| Document filed | Articles of Organization, filed through FirstStop |
| Annual report | $50 per year, due 15 November |
| Late penalty | Loss of good standing; involuntary termination if the report is 6–12 months overdue |
| Name reservation (optional) | Holds the name for 12 months, renewable |
| State income tax | 0% up to $49,575 (single), 1.95% to $250,400, then 2.5% |
| Registered agent | Required; a physical North Dakota street address, and the agent must approve in advance |
State figures checked against the North Dakota Secretary of State, Business Services Division, September 2026. State fees are set by North Dakota and can change; the exact total is shown before you pay.
How much does it cost to start an LLC in North Dakota?
| Cost | Amount | When |
|---|---|---|
| Articles of Organization (state filing fee) | $135 | Required, one time |
| Registered agent | $0 if you act as your own agent at a North Dakota street address; otherwise a registered agent service | Required, ongoing |
| Annual report | $50 per year | Required every year by 15 November |
| EIN from the IRS | Free from the IRS | Needed for a bank account and taxes |
These are state, IRS and other outside costs — not Incofile fees. Your Incofile package price is shown separately at checkout, and your full total is always shown before you pay. Estimate every cost for your state with our LLC cost calculator.
How to form an LLC in North Dakota — 4 steps
Choose your package
Pick the Incofile package that fits your goals. Your North Dakota state filing fee is shown before you pay.
Tell us about your LLC
Complete our short form with your company name, address and ownership details — about ten minutes.
We check & file with North Dakota
We confirm your name is available and file your Articles of Organization with the North Dakota state office.
Get your documents
Your approved North Dakota LLC documents land in your dashboard, with reminders for your annual report and other deadlines.
How to start an LLC in North Dakota: step by step
Here is exactly what forming a North Dakota LLC involves, whether you file it yourself or let Incofile handle the paperwork.
Choose and check your LLC name
Pick a name that includes “LLC” or “Limited Liability Company” and is distinguishable from existing North Dakota businesses. Check it with our free business name search.
Appoint a registered agent
Name a registered agent with a physical street address in North Dakota (not a PO box) who can accept legal papers during business hours. You must get the agent’s approval before naming them; naming an agent who has not agreed can lead to involuntary dissolution. If you live outside North Dakota or want privacy, Incofile can act as your agent.
File the Articles of Organization
File online through FirstStop with the Secretary of State and pay $135.
Create an operating agreement
North Dakota does not require you to file an operating agreement, but it records who owns the LLC, how profits are shared and how decisions are made. Banks commonly ask for it, and it helps protect your limited liability.
Get an EIN
Apply to the IRS for your Employer Identification Number (EIN). You need it to open a business bank account, hire staff and file federal taxes. The IRS issues it free; non-US owners without an SSN apply by phone, fax or mail, and our Gold package handles it for you.
Register for taxes and local licences
Apply for a sales and use tax permit from the Office of State Tax Commissioner through ND TAP about 30 days before you open if you sell taxable goods (5% state rate), and register for withholding if you hire. Check your city for local licences.
File your annual report each year
File the $50 annual report through FirstStop by 15 November every year, starting the year after formation. An LLC that does not file loses good standing and is involuntarily terminated if the report stays overdue for 6–12 months.
What you need to form an LLC in North Dakota
- A business name that is available and meets North Dakota's naming rules (it must include “LLC” or “Limited Liability Company”).
- A registered agent with a physical address in North Dakota — Incofile can be your agent.
- Articles of Organization filed with the North Dakota state office — we prepare and submit these for you.
- An operating agreement and EIN to open a business bank account (included in our Gold and Platinum packages).
- Ongoing compliance — North Dakota's reports, taxes and registered agent rules (see below). We track the deadlines and remind you.
Operating agreement
An operating agreement sets out who owns the LLC, how profits are split, how decisions are made and what happens if a member leaves. North Dakota does not ask you to file it with the state, but banks usually want to see it, and without one the state's default rules apply. Incofile includes a customised operating agreement in the Gold and Platinum packages.
EIN (Employer Identification Number)
Your EIN is the federal tax ID for your LLC. You need it to open a business bank account, hire staff and file taxes. The IRS issues it free — online in minutes if you have a Social Security number, or by fax or mail (one to eight weeks) if you don't. Our Gold and Platinum packages include it, and it is also available as a separate service.
This is general information, not legal advice. If you're unsure which structure is right, compare LLC vs S-Corp vs C-Corp.
North Dakota LLC naming rules
The name must contain “Limited Liability Company” or an abbreviation such as “LLC” or “L.L.C.” and must be distinguishable from every other entity on the North Dakota register. Check availability with our free business name search.
Keeping your North Dakota LLC compliant
Annual report
File the $50 annual report by 15 November every year, starting the year after formation. An LLC that misses it moves to “not good standing” and is involuntarily terminated if the report is still unfiled 6–12 months later; you then have one year to reinstate.
Registered agent
The agent must have a physical North Dakota street address (no PO boxes) and must have agreed to serve before you name them — the Secretary of State warns that naming an agent without approval can result in involuntary dissolution. Incofile can act as your North Dakota registered agent.
Taxes
North Dakota income tax is among the lowest in the US: 0% on the first $49,575 for a single filer ($82,800 married filing jointly), 1.95% on the next band and 2.5% above $250,400. There is no entity-level tax on a pass-through LLC.
Licences
There is no general state business licence. Get a sales and use tax permit from the Office of State Tax Commissioner if you sell taxable goods, and check your city for local licences.
Incofile clients get every North Dakota deadline tracked in their dashboard with email reminders — see registered agent service.
Official North Dakota resources
North Dakota LLC — frequently asked questions
How much does it cost to start an LLC in North Dakota?
Incofile charges a flat, one-time formation fee (Silver, Gold or Platinum) plus the North Dakota state filing fee of $135. There are no monthly charges, and the total is shown before you pay.
How long does it take to form an LLC in North Dakota?
We prepare and submit your North Dakota Articles of Organization within one business day. State approval times vary from a few business days to a few weeks; expedited filing is available in many states.
Do I need a registered agent in North Dakota?
Yes. North Dakota requires every LLC to have a registered agent with a physical address in the state to receive legal and state mail. Incofile can serve as your North Dakota registered agent so you stay compliant and keep your address private.
Can I start an LLC in North Dakota if I live in another state or country?
Yes. You do not need to live in North Dakota to form an LLC there. Incofile can act as your registered agent and provide a business address, so you can form and run your North Dakota LLC from anywhere.
How much does a North Dakota LLC cost per year?
The state annual report is $50, due 15 November. Add a registered agent service if you use one.
When is the North Dakota annual report due?
15 November every year for a standard LLC, starting the year after formation. Farming and ranching LLCs file by 15 April.
What is the North Dakota income tax rate?
0% on the first $49,575 of taxable income for a single filer, 1.95% up to $250,400, and 2.5% above that for 2026.
Do I need my registered agent’s permission in North Dakota?
Yes. The Secretary of State requires you to obtain the agent’s approval before naming them, although written consent is not filed with the state.
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