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How to Start an LLC Yourself and Get an EIN for Free

KnowYourNut Team··9 min read

Last reviewed: August 28, 2026

You can often form an LLC yourself by preparing the required information and submitting it directly to the responsible state office. After the state forms the LLC, you can apply directly to the IRS for an Employer Identification Number, or EIN. The IRS does not charge for an EIN. Your state may charge a formation fee and may impose later filing, tax, license, or renewal requirements.

The filing is only one part of the decision. Before submitting it, understand who can serve as registered agent, which addresses may become public, and what the business must do after approval. The free KnowYourNut LLC and EIN wizard provides source-backed guidance for all 50 states and Washington, DC, then sends you to the official filing destination.

KnowYourNut does not collect your name, address, SSN, ITIN, EIN, or filing data. It does not prepare, submit, or validate a government application.

The short answer: form the LLC before applying for the EIN

An LLC and an EIN are different things:

  • An LLC is an entity formed under the law of a state or other jurisdiction.
  • An EIN is a federal tax identification number issued by the IRS.

The IRS instructs someone creating an LLC to form the entity through the state before applying for an EIN. Its current guidance says an application may be delayed if the entity is not formed first.

Use this sequence:

  1. Choose the formation jurisdiction and confirm its current requirements.
  2. Check the legal name rules.
  3. Decide on management, a registered agent, and every address used in the filing.
  4. Submit the formation document through the official state destination.
  5. Save the approved formation record.
  6. Apply for the EIN through the official IRS process when one is needed.
  7. Complete the post-formation operating and compliance work.

Open the state-aware LLC and EIN wizard to see the official destination and current source-backed guidance for your jurisdiction.

Step 1: decide where to form

For an owner-operated business, the jurisdiction where the business is actually located and operated is the practical place to investigate first. Forming elsewhere can create another registration and compliance layer if the company is doing business in its home state. Operations in several states, outside investors, licensed professions, or unusual ownership needs can make the choice more complex.

Before filing, check the responsible government office for:

  • Legal name rules and name availability
  • Formation document and filing method
  • State fee and any initial filing
  • Registered-agent and registered-office requirements
  • Principal, mailing, organizer, member, or manager address fields
  • Recurring reports, taxes, licenses, and permits

The wizard preserves the official filing destination for every covered jurisdiction. Government sites remain authoritative for filing and current requirements.

Step 2: choose the legal name

The name must follow the jurisdiction's naming rules and be distinguishable where required. A state name search is not the same as trademark clearance, and state acceptance does not decide every brand or intellectual-property question.

Use the exact approved legal name in later business records. If similar businesses or valuable brand assets are involved, consider qualified legal help before spending heavily on signs, vehicles, packaging, or domains.

Step 3: compare registered-agent choices

A registered agent receives official legal and government documents for the LLC. Depending on the jurisdiction, the choice may include:

  • The owner, if eligible
  • Another eligible person or entity that agrees to serve
  • A commercial registered-agent service
  • In New York, the state's statutory-agent structure, with an optional additional agent

Serving yourself may reduce cost, but it can create availability and public-address tradeoffs. A commercial service adds a recurring cost and may help with availability or the registered-office field, but it does not automatically replace every address requested in the filing.

Do not assume every jurisdiction follows the same rule. Use the wizard's selected-state guidance before choosing. KnowYourNut does not rank or recommend a provider and receives no referral compensation.

Step 4: make an address privacy plan

Address privacy is easiest to consider before a filing becomes public. A formation form may ask for several different addresses:

  • Registered office
  • Principal office
  • Mailing address
  • Organizer address
  • Member or manager address

A home address may become public. A virtual mailbox may be acceptable for one field and not another. A registered-agent address may apply only to service of process. Historical filings and third-party databases may retain an address even after a later update.

Read the official rule for each field. When current source material does not establish public visibility or mailbox acceptance, treat that as unresolved instead of assuming privacy. The wizard identifies those limits in its state-specific guidance.

Step 5: submit through the official state destination

Use the responsible government's website, form, or filing portal. Private formation sites and search ads can resemble official pages, so confirm the domain and office before entering information or paying.

Review the formation record carefully and save the approval. State fees, processing times, expedited options, consent requirements, and post-filing obligations vary. Paying a private company does not remove the state fee or guarantee faster state approval.

KnowYourNut does not receive the filing information and cannot detect whether a government application is complete or correct.

Step 6: apply directly with the IRS when the LLC needs an EIN

After the LLC is formed, use the official IRS EIN guidance. The IRS says its online EIN process is free and warns that you never have to pay an EIN fee.

The IRS application asks for a responsible party and identifying information. Enter that information only on the official IRS application. KnowYourNut does not ask for or store it.

Complete the online application in one session and save the confirmation letter. The IRS currently says the online session cannot be saved for later and expires after inactivity, so gather the requested information before starting.

Single-member LLC considerations

A single-member LLC is not automatically treated as a separate entity for every federal tax purpose. The IRS says a domestic single-member LLC is generally disregarded for federal income tax purposes unless it elects corporate treatment. It is still treated separately for employment taxes and certain excise taxes.

The IRS also says a single-member disregarded LLC without employees or excise-tax liability does not need its own EIN for federal tax purposes. It may still obtain one when a bank or state rule calls for it. Most new single-member LLCs do obtain an EIN, but the correct tax treatment depends on the actual facts.

Review the IRS single-member LLC guidance or ask a qualified tax professional. An LLC does not automatically create an S corporation election or a single tax result.

Step 7: complete the post-formation work

Formation approval is the start of the company record. Use these first-party KnowYourNut guides to understand the next owner decisions:

Also save the formation record and EIN confirmation securely, set up bookkeeping, separate personal and business activity, and calendar known due dates. Government agencies remain the authority for official requirements and submissions; KnowYourNut education helps you prepare and know what to ask next.

Common mistakes to avoid

Applying for the EIN before state formation. The IRS says this can delay the EIN application.

Paying for an EIN without realizing the IRS process is free. A private company may charge for help, but the IRS does not charge an EIN fee.

Using an address before checking public-record treatment. Understand every field before placing a home address in a filing.

Assuming a mailbox works for every field. Mailing, principal, and registered-office rules can differ.

Assuming every owner can serve as registered agent. Eligibility, location, availability, and consent rules vary.

Stopping after approval. Reports, taxes, licenses, permits, banking, records, agreements, and insurance decisions may still remain.

FAQ

Can I form an LLC myself?

Often, yes. An owner can frequently prepare and submit the formation filing directly to the responsible state office. Complex ownership, regulated professions, outside investors, multi-state operations, or disputed rights may justify qualified legal or tax help.

Is an EIN free for an LLC?

Yes. The IRS issues EINs at no charge. State LLC formation fees are separate.

Can I be my own registered agent?

It depends on the jurisdiction and whether you meet its address, consent, and availability rules. Select your jurisdiction in the LLC and EIN wizard for source-backed guidance.

Can I use a virtual address instead of my home address?

It depends on the jurisdiction and the specific address field. A mailing address, principal address, and registered office can follow different rules. Check the official instructions before paying for a mailbox or agent service.

Does a single-member LLC need an EIN?

Not always for federal tax purposes. The IRS says a single-member disregarded LLC without employees or excise-tax liability does not need its own EIN, although banking or state requirements may still lead it to obtain one.

Does KnowYourNut collect or submit my application data?

No. KnowYourNut does not collect your name, address, SSN, ITIN, EIN, or filing data. It does not prepare, submit, or validate a government application.

Sources and educational disclaimer

This article is general educational information, not individualized legal or tax advice. Requirements change and vary by jurisdiction. Confirm current instructions with the responsible government agency or a qualified professional before acting.