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How Do I Decide What the Best Legal Structure Is for My Business?

There are a few different options when it comes to forming a business in Maryland. From a legal perspective, there are three main types of Maryland for-profit business entities: LLCs, S Corporations or C Corporations. For many entrepreneurs, Incfile believes an LLC provides the right ratio of liability protection and ease of administration.

What Do I Need to Start a Business in Maryland?

In order to form an LLC in the state of Maryland, there are a few minimum requirements you must meet. These are a completed set of Articles of Organization, a business name and a fee you pay to the Maryland Department of Assessments and Taxation (SDAT). We recommend taking some other steps before formally starting your LLC:

After you’ve created your Maryland LLC, you will also need to review your business license requirements, understand ongoing filing needs, set up a separate business bank account and get an accountant.

How Do I Register a Company in Maryland?

In Maryland, you register a business by completing and filing your Articles of Organization with the Maryland Department of Assessments and Taxation. You will need to gather information about your business, fill out the form and send it to the Maryland SDAT along with your filing fee. This will formally create your LLC in Maryland.

You can file your Articles of Organization via the Maryland Business Express website or mail it in. Alternatively, Incfile can guide you through every step of the process by getting details from you and filing the form on your behalf — for free! There’s no additional charge for our basic LLC filing service, so all you need to do is pay the Maryland state filing fee.

Incorporate Through Incfile for $0 + the Maryland State Fee

And get a free Registered Agent for a year.

How Much Does It Cost to Form a Maryland LLC?

At the time of writing the fee charged by the Maryland Department of Assessments and Taxation is $100. You can always check the latest Maryland filing fees here. You can also pay an additional $50 or $425 for expedited filing through Incfile, which will create your LLC faster. The amount of the expedited fee is dependent on how quickly you want your filing processed. Some LLC filing services do charge you extra to prepare and submit your filing documents, but at Incfile, we do this for free — so you only pay the state fee.

How Long Does It Take to Form an LLC in Maryland?

Once you’ve gathered all of your information together and filed your Articles of Organization (or had Incfile do it for you), it can take from 6-8 weeks for the Maryland Department of Assessments and Taxation to legally create your LLC. If you pay an additional $50 or $425 expedited fee, your LLC can be formed in as few 7-10 business days, or 24 hours.

How Do I Perform a Maryland Business Search?

The name of your Maryland LLC needs to be unique, so you’ll need to check if it’s already being used by another business. You can do that via the Maryland SDAT website, or by using our fast and simple Business Name Search tool.

Is Your Business Name Available in Your State?

Find out using Incfile’s Business Name Search Tool.

Trying to Come up with a Creative Business Name?

Try Incfile’s Business Name Generator to brainstorm ideas.

How Do I Register a Business Name in Maryland?

There are a few ways to register your Maryland LLC name.

  • If you’re forming a new business and your business name is unique in Maryland and meets state naming rules, you simply include it in your Articles of Organization.
  • If you want to change the legal name of your business, file Articles of Amendment with the Department of Assessments and Taxation.
  • If you just want to do business under a different name, you must file a Trade Name Application with the Maryland SDAT, or have Incfile do that on your behalf.

If you want to prevent people from using your business name across the U.S., you can file a trademark for the name. We can help.

What Are Maryland Articles of Incorporation?

In many other states, the formal documents that you file to form a corporation or LLC might be known as Articles of Incorporation. In Maryland, this document is called your Articles of Organization, and it performs the same functions as the Articles of Incorporation.

Does Maryland Have Series LLCs?

No, the State of Maryland does not currently allow for a Series LLC structure. A Series LLC is a special type of LLC where you create one “overall” business and then have individual, series LLCs within it, each counted as separate legal entities.

Do I Need a Registered Agent for My Maryland LLC?

Yes, all legal business entities in Maryland, including LLCs, must have a Registered Agent at all times. Here at Incfile, we provide a free Maryland Registered Agent service for the first year if you file through us.

Have Incfile Act as Your Registered Agent for Only $119 a Year

Or get your first year free when you incorporate your business through us.

How Do I Change a Registered Agent in Maryland?

If you wish to change your Maryland Registered Agent you can do so by filing a Resolution of Change with the Department of Assessments and Taxation. Here at Incfile, we provide a free Maryland Registered Agent service for the first year if you file through us. If you’ve been using a different Registered Agent and want to switch to us, we’ll file the Resolution of Change on your behalf.

Need To Change Your Registered Agent?

Have Incfile file the paperwork for you.

How Do I Perform a Maryland Registered Agent Search?

If you need to know the Registered Agent of a specific Maryland business, you can perform a Maryland Registered Agent search within the state's business database.

What Maryland Business Taxes Do I Need to Pay?

As an LLC, any business profits you earn will be reported on your personal 1040 filing and reported and taxed as “pass-through” income. You will typically need to pay:

  • Self-employment or payroll tax on all business profits
  • Federal income tax on profits after you meet your tax-free allowance
  • Sales tax for selling taxable products and services
What Businesses Need to Pay Maryland Sales Tax?

Maryland charges a 6 percent state sales and use tax on all retail sales, leases and rentals of most goods. You will also need to pay sales tax if you provide a taxable service. You can find a full list of taxable services here.

How Do I Get a Maryland Sales Tax ID?

In order to make sales in Maryland, you will need to obtain a sales and use tax license from the Comptroller of Maryland. You can complete this process online.

How Do I Calculate Maryland Sales Tax?

The base rate for Maryland sales tax is 6 percent, and there may be additional sales tax depending on your region, county or city. Once you know your overall sales tax amount, calculate the value of all your taxable products and services. Then, multiply that by your sales tax rate to understand how much you will need to pay.

When Is Maryland Sales Tax Due?

Once your LLC’s sales and use tax application is approved, you will receive documentation with instructions on how often you must file a sales tax return and pay sales taxes. Returns and payments may be due monthly, quarterly or annually.

Is There a Maryland Franchise Tax That I Should Know About?

No. The state of Maryland only leverages a franchise tax for the privilege of doing business on some public service businesses, meaning that most corporations won't be subject to this franchise tax.

Do I Need a License to Do Business in Maryland?

If you plan to have your business operating at full capacity within Maryland, the chances that you'll need a business license are very high. The types of business licenses you need will vary depending on your type of business, industry, location and various other factors. We can research the types of business licenses you might need for you.

We hope you’ve found this Maryland LLC FAQ useful. If you’ve used our services and have a question that isn’t answered here, let us know and we’d be happy to help.

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