How to Form an LLC in New Hampshire | 2025 Guide

With over 142,000 small businesses making up more than 99% of all companies in the state¹, New Hampshire is a thriving place for entrepreneurs. It's an especially attractive spot for forming a Limited Liability Company (LLC), thanks to the absence of both a state income tax and a general sales tax.

This guide will teach you how to form an LLC in New Hampshire, including the required steps, the costs, benefits, and important details you shouldn’t miss.

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How to Start an LLC in New Hampshire (Step-by-Step)

Step 1: Choose a Unique Name for Your LLC

Your LLC's name must be distinguishable from existing entities registered in New Hampshire and must include "Limited Liability Company" or abbreviations like "LLC" or "L.L.C."

To ensure your desired name is available, conduct a search using the New Hampshire Secretary of State's business name search tool². If you wish to reserve the name before filing, you can do so for 120 days by submitting Form 1 with a $15 fee.

Note: If you want to operate your LLC under a different name than the one registered with the state, you must file a trade name registration (commonly called a DBA) with the New Hampshire Secretary of State and pay a $50 filing fee.

Step 2: Appoint a Registered Agent

A registered agent acts as your LLC's official point of contact for legal documents and government correspondence. The agent must be a resident of New Hampshire or a business entity authorized to operate in the state, with a physical address (P.O. Boxes are not accepted).

While you can serve as your registered agent, many businesses opt for professional services to ensure compliance and privacy.

Step 3: File the Certificate of Formation

To legally establish your LLC, file the Certificate of Formation (Form LLC-1³) with the New Hampshire Secretary of State. This can be done online or by mail. The filing fee is $100. The form requires details like your LLC's name, principal office address, registered agent information, and the nature of the business.​

Step 4: Create an LLC Operating Agreement

Although not legally required in New Hampshire, you should consider drafting an LLC operating agreement. This internal document outlines the ownership structure, member roles, voting rights, profit distribution, and procedures for adding or removing members.

Step 5: Obtain an Employer Identification Number (EIN)

An EIN, issued by the Internal Revenue Service (IRS), is necessary for tax purposes, opening a business bank account, and hiring employees. You can apply for an EIN online through the IRS website⁴ at no cost.

Step 6: Comply with State Tax and Regulatory Requirements

Depending on your business activities, you may need to register for specific state taxes, such as the Business Profits Tax or Business Enterprise Tax. Certain professions and industries require specific licenses or permits to operate legally in New Hampshire. Consult the New Hampshire Department of Revenue Administration⁵ and local authorities to determine your obligations.

Step 7: File Annual Reports

All LLCs in New Hampshire must file an annual report with the Secretary of State by April 1 each year. The filing fee is $100. Failure to file the annual report can result in the administrative dissolution of your LLC.

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What Are the Business Requirements for a New Hampshire LLC?

Here’s everything you need to have to form an LLC in New Hampshire:

• Certificate of Formation: This document officially registers your LLC with the state.
• Registered Agent: Designate a registered agent with a physical address in New Hampshire.
• Operating Agreement: While not mandatory, it's advisable to have one to outline the management structure and operating procedures.
• EIN: Obtain an EIN from the IRS for tax and banking purposes.
• Business Licenses and Permits: Depending on your industry and location, you may need specific licenses or permits to operate legally.
• Annual Reports: File annual reports with the state to maintain good standing.

What Are the Benefits of Starting an LLC in New Hampshire?

Thanks to the state's tax structure and ease of doing business, New Hampshire is particularly attractive for small and medium-sized business owners. Some of the direct benefits you’ll get if you choose New Hampshire for your LLC include:

• No personal income tax or sales tax, reducing your tax burden.
• Limited liability protection, separating personal assets from business debts.
• Pass-through taxation allows profits to be taxed at the owner level.
• Flexible business structure with minimal management requirements.
• Strong local economy and access to resources for small businesses.

How Much Does It Cost to Start an LLC in New Hampshire?

The costs associated with forming an LLC in New Hampshire include:

• Certificate of Formation Filing Fee: $102
• Name Reservation (Optional): $15
• Registered Agent Service (Optional): Varies; typically ranges from $100 to $300 annually.
• Annual Report Filing Fee: $100
• Business Licenses and Permits: Fees vary depending on the type and number of licenses required.

Additional costs may include legal or consulting fees if you choose to seek professional assistance during the formation process.​

Can I Open an LLC in New Hampshire Without Living There?

Yes, you can open an LLC in New Hampshire even if you don't live in the state. You are **required to appoint a registered agent **with a physical address in New Hampshire to accept legal documents and official correspondence on behalf of your LLC.

Can a Nonresident Open an LLC in New Hampshire?

Yes. Nonresidents, including individuals who are not U.S. citizens, can legally form an LLC in New Hampshire. The state does not impose residency or citizenship requirements for LLC ownership. Non-resident owners must appoint a registered agent with a physical address in New Hampshire to receive legal documents and official correspondence on behalf of the LLC.

It’s important to note that forming a foreign LLC in New Hampshire does not exempt nonresident owners from tax obligations in their home state or country. Income earned through the LLC may still be subject to taxation elsewhere, depending on the relevant tax laws. Nonresident entrepreneurs should consult with a tax professional to understand their tax responsibilities.

Comparison with Other States

If you’re interested in knowing what New Hampshire has to offer to LLCs that other states don’t, the table below outlines it. It compares New Hampshire to three other popular choices for starting an LLC.

Feature	New Hampshire	Delaware	Wyoming	Nevada
Initial Filing Fee	$100	$110	$100	$425
Annual/Biennial Fee	$100	$300	$60 minimum	$350
State Income Tax	None	8.7% (corporate)	None	None
Sales Tax	None	None	4%	6.85%
Privacy Protections	Moderate	High	Very High	High
Business Court System	No	Yes (Chancery)	No	No
Ideal For	Local businesses	Startups raising capital	Asset protection	Businesses valuing privacy

New Hampshire offers a straightforward and cost-effective environment for forming an LLC, with no state income or sales tax, making it ideal for local businesses.

Delaware is renowned for its business-friendly legal system and is preferred by startups planning to seek venture capital, despite its higher annual fees and corporate income tax.

Wyoming stands out for its strong privacy protections, lack of corporate and personal income taxes, and low annual fees, making it attractive for entrepreneurs prioritizing asset protection.

Nevada provides strong privacy protections and no state income tax, but comes with higher initial and annual fees, appealing to businesses that can absorb the additional costs for enhanced privacy.

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Conclusion

New Hampshire makes starting an LLC a smart move for business owners seeking a low tax burden, strong liability protection, and a straightforward setup process. With a clear understanding of the steps involved and ongoing obligations, you can establish and grow your business successfully in one of the most business-friendly states in the country.

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FAQs About New Hampshire LLCs

Are There Privacy Protections for New Hampshire LLCs?

New Hampshire offers moderate privacy protections. While business ownership information is filed with the state, hiring a registered agent service can help keep your personal address off public records.

Why Do People Use New Hampshire for LLCs?

Entrepreneurs choose New Hampshire for its absence of sales and personal income taxes, reasonable startup costs, and a strong local business environment focused on small business success.

Is New Hampshire an LLC Tax-Free?

While New Hampshire LLCs enjoy no state personal income or sales tax, they may still owe Business Enterprise Tax or Business Profits Tax depending on revenue thresholds.

What Are the Disadvantages of a New Hampshire LLC?

New Hampshire does not offer the extreme privacy benefits that states like Wyoming or Delaware do, and certain larger businesses may face obligations under the Business Enterprise Tax.

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Sources:

1. Small Business Profile: New Hampshire | SBA Office of Advocacy (2024)
2. New Hampshire Business Name Search | QuickStart
3. Form LLC-1 | New Hampshire Certificate of Formation (PDF)
4. Apply for an EIN | IRS
5. New Hampshire Department of Revenue Administration