You can use the same name in Ohio that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Ohio Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.

In any case, the Ohio Foreign LLC name that you choose must be distinguishable from the name of any other registered Ohio LLC or other business entity and the name must also be different from any reserved names on record with the state of Ohio.  Your Ohio Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Ohio Foreign LLC name must not be a name that is likely to mislead the public.

The name of an Ohio Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".

It's important to choose a good name for your Ohio Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Ohio Secretary of State (and pay a fee).

In order to Qualify as a Foreign LLC in Ohio you must file Registration Documents with the Ohio Secretary of State.  In Ohio the registration documents are named "Organization/Registration of Limited Liability Company".

The registration documents must include certain specific information about your Ohio business.  If the LLC Registration Documents do not conform exactly to state of Ohio Foreign LLC requirements they will be rejected. 

If you need to change any of the information on your registration documents after your Ohio Foreign LLC has been approved, you may amend the registration documents for your Ohio Foreign LLC but you will have to pay a fee to the state of Ohio in order to make the changes official.

The Ohio Corporate Income Tax Rate is variable depending on the annual net income of the Ohio Foreign LLC.  Ohio Corporate Income Tax Rates vary from 5.1 to 8.5%.  You may choose that your Ohio Foreign LLC is to be taxed as a C Corporation or S Corporation. 

A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 

You may choose to have your Ohio Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Ohio Corporate Income Tax.

The Corporation Tax structure in the state of Ohio consists of two tax brackets:

• 0- $50,000 - 5.1%
• Over $50,000 - 8.5%

If you form a Single Member Ohio Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Ohio Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Ohio Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Ohio Foreign LLC will be taxed as a Partnership.

Note that forming an Ohio Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  An Ohio Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.

Depending on the nature of the business and the location of your Ohio Foreign LLC within Ohio you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Ohio Foreign LLC vary depending on your business activities and the specific locations within the state of Ohio in which you want to conduct business.

If your Ohio Foreign LLC will be selling products in Ohio you may be required to obtain a Reseller's Permit from the appropriate Ohio state agency.  If your Ohio Foreign LLC will be selling products in Ohio you will also be responsible for all applicable local and state of Ohio sales taxes if there are any.

The Ohio Annual Report includes basic information about your Ohio Foreign LLC including information on your business location as well as the names of the Officers and Directors.

Failure to submit a properly completed Ohio Annual Report to the Ohio Secretary of State on or before the due date may subject the Ohio Foreign LLC to being administratively dissolved in the state of Ohio or having its authority to transact business in the state of Ohio revoked by the Ohio Secretary of State.

Penalties may accrue if you fail to file any Ohio Foreign LLC Annual Report to the Ohio Secretary of State by the due date.

Foreign LLCs that either do business in the state of Ohio or that derive income from sources within the state of Ohio are subject to Ohio and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Ohio, you must allocate the amount of income derived from the state of Ohio in order to determine your Ohio state taxes.