How to Form a Wisconsin Foreign LLC
What is a Wisconsin Foreign LLC?
In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.
If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will
have to register with the state in which you want to do business before you can legally conduct business there.
For example, a LLC that is registered in California wants to do business in Wisconsin.
The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Wisconsin.
The California LLC needs to register with the Wisconsin Department of Financial Institutions as a Wisconsin Foreign LLC.
The use of the term Foreign in this case refers specifically to individual US states.
The US government, including the IRS, considers a Foreign company to be a company that is registered outside
of the United States.
What is a Wisconsin Foreign LLC Qualification?
You want to do business in the state of Wisconsin but are registered as a LLC in another state.
In order to legally conduct business in the state of Wisconsin you must register with the Wisconsin Department of Financial Institutions as
a
Foreign LLC.
The process of registering as a Foreign LLC in Wisconsin is called
Wisconsin LLC Foreign Qualification.
The process of Wisconsin LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Wisconsin.
Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Wisconsin Foreign LLC.
The Officers and Directors of your home LLC will have the same roles in the Wisconsin Foreign LLC.
Specific requirements to qualify as a Foreign LLC in Wisconsin are explained below.
Once you have made the decision to Qualify as a Foreign LLC in Wisconsin,
a Wisconsin lawyer can file your documents and act as a middle man for a few hundred dollars an hour;
or you can use an online service provider like All Business Documents to perform these services.
Put the money you save with All Business Documents right where it belongs: into your new Wisconsin Foreign LLC.
Do I need a lawyer to Form a Foreign LLC in Wisconsin?
The short answer is no.
The state of Wisconsin does not legally require a lawyer to form a
Wisconsin Foreign LLC.
Our detailed
Foreign Qualification page may help you understand some
of the implications of forming a
Wisconsin Foreign LLC.
However, if there is
anything about forming a Foreign LLC in Wisconsin
that you're not sure about you should seek the advice of a competent Wisconsin lawyer, a Wisconsin accountant,
or both
before you form a Foreign LLC in Wisconsin.
Once you have made the decision to form a Foreign LLC in Wisconsin, a Wisconsin lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and
save money that you can use in your new Wisconsin Foreign LLC.
Do I have to Reserve a Company Name before I Form a Foreign LLC in WI?
You are not legally required to reserve a Company Name for a new Wisconsin LLC Corporation before you submit your application to Form a Foreign LLC
in Wisconsin.
The LLC name that you have registered in your home state may or may not be available in Wisconsin.
In that case you need a different name your Wisconsin Foreign LLC.
Whether or not you need to reserve a company name for your new Wisconsin Foreign LLC depends entirely on your business situation.
The Wisconsin Department of Financial Institutions uses LLC names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Wisconsin Foreign LLC Name.
What if the Wisconsin Foreign LLC Name I want is already taken?
If the Name you have chosen for your new Wisconsin Foreign LLC is already in use by a currently active
Wisconsin Corporation or LLC then you will have to register a DBA Name with the Wisconsin Department of Financial Institutions. "DBA" is an abbreviation for "
Doing
Business
As."
We verify that the Name you have chose for your new Wisconsin Foreign LLC is available
before we submit
your Foreign LLC filing to the Wisconsin Department of Financial Institutions.
If necessary we can register a DBA Name in Wisconsin for you so that you can open your new Wisconsin business as quickly as possible.
What do I have to do BEFORE I Form a Foreign LLC in Wisconsin?
- Choose a name for your Wisconsin Foreign LLC
You can use the same name in Wisconsin 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 Wisconsin 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 Wisconsin Foreign LLC name that you choose must be distinguishable from the name of any other registered Wisconsin LLC or other
business entity and the name must also be different from any reserved names on record with the state of Wisconsin.
Your Wisconsin 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 Wisconsin Foreign LLC name must not be a name that is likely to mislead the public.
The name of a Wisconsin 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 Wisconsin Foreign LLC because if you want to change it after you qualify you
will have to file amended documents with the Wisconsin Department of Financial Institutions (and pay a fee).
We will check to make sure that your requested Wisconsin Foreign LLC name is available and conforms to all state of Wisconsin
Limited Liability Company naming regulations.
- File Registration Documents with the Wisconsin Department of Financial Institutions
In order to Qualify as a Foreign LLC in Wisconsin you must file Registration Documents with the Wisconsin Department of Financial Institutions.
In Wisconsin the registration documents are named "".
The registration documents must include certain specific information about your Wisconsin business.
If the LLC Registration Documents do not conform exactly to state of Wisconsin Foreign LLC requirements they will be rejected.
If you need to change any of the information on your registration documents after your Wisconsin Foreign LLC has been approved,
you may amend the registration documents for your Wisconsin Foreign LLC but you will have to pay a fee to the state of Wisconsin in order to make the changes official.
- Determine how you want your Wisconsin Foreign LLC to be taxed
The Wisconsin Corporate Income Tax Rate is 7.9%.
You may choose that your Wisconsin 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 Wisconsin 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 Wisconsin Corporate Income Tax.
If you form a Single Member Wisconsin Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Wisconsin Foreign LLC
will be taxed as a Sole Proprietorship.
If you form a Multiple Member Wisconsin Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Wisconsin Foreign LLC
will be taxed as a Partnership.
If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Wisconsin Foreign LLC and include it with
your final Foreign LLC documents.
What do I have to do AFTER I Form a Foreign LLC in Wisconsin?
- Obtain Business Licenses from the cities and counties in which you plan to do business
Note that forming a Wisconsin Foreign LLC doesn't take the place of obtaining a local business license, tax
registration certificate, or other required business permits.
A Wisconsin 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 Wisconsin Foreign LLC within Wisconsin you may need to get one or more local
business licenses or permits.
The business licenses or permits that are required for your Wisconsin Foreign LLC vary depending on your business activities
and the specific locations within the state of Wisconsin in which you want to conduct business.
If your Wisconsin Foreign LLC will be selling products in Wisconsin you may be required to obtain a Reseller's Permit from the appropriate
Wisconsin state agency.
If your Wisconsin Foreign LLC will be selling products in Wisconsin you will also be responsible for all applicable local and state of Wisconsin
sales taxes if there are any.
We have the expertise to find out exactly which state and local permits that you need for your specific business.
- File the required reports for your Wisconsin Foreign LLC
The Wisconsin Annual Report includes basic information about your Wisconsin Foreign LLC including information on your business location as well as the names of the Officers and Directors.
Failure to submit a properly completed Wisconsin Annual Report to the Wisconsin Department of Financial Institutions on or before the
due date may subject the Wisconsin Foreign LLC to being administratively dissolved in the state of Wisconsin or having its authority to
transact business in the state of Wisconsin revoked by the Wisconsin Department of Financial Institutions.
Penalties may accrue if you fail to file any Wisconsin Foreign LLC Annual Report to the Wisconsin Department of Financial Institutions by the due date.
- Keep proper records of your Wisconsin Foreign LLC on file
Keep the following records on file and available at the principal business office of your Wisconsin Foreign Corporation:
- Names and addresses of all Members and Managers of the Wisconsin Foreign LLC
- Foreign LLC formation documents and any Amendments to them
- Wisconsin Foreign LLC Operating Agreement and any Amendments to them
- Copies of any LLC Resolutions which have been adopted by the Wisconsin Foreign LLC
- Copies of all tax returns and Annual Reports for the Wisconsin Foreign LLC for the last 3 years
- Pay your taxes to the state of Wisconsin
Foreign LLCs that either do business in the state of Wisconsin or that derive income from sources within the state of Wisconsin are subject
to Wisconsin and federal tax laws.
If you are engaged in intrastate business and derive income from other states besides Wisconsin, you must allocate the amount of income derived
from the state of Wisconsin in order to determine your Wisconsin state taxes.
What information do I need in order to Form a Foreign LLC in Wisconsin?
In order to Form a Foreign LLC in Wisconsin you'll need the following information about your new Company:
- The name of your new Wisconsin Foreign LLC along with your second choice of a name in case the name that you want is not available
- Physical address of the Foreign LLC office in Wisconsin (not a PO Box)
- A description of the nature of the business you are planning to operate with the Wisconsin Foreign LLC
- Whether the Wisconsin Foreign LLC will be managed by LLC Members or Managers
Remember -
ALL the information that you provide when you Form a Foreign LLC in Wisconsin becomes part of the public record.
Our data entry forms include the
absolute minimum amount of information that is required in order to Form a new Foreign LLC in Wisconsin.
How long does it take to Form a Foreign LLC in Wisconsin?
Processing times for new Wisconsin Foreign LLC applications vary depending on the work load of the
Department of Financial Institutions's staff.
We've found that normal processing of new Wisconsin Foreign LLC applications takes the state around 5-7 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your new Wisconsin Foreign LLC.
PLEASE NOTE: WE CANNOT GUARANTEE WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS PROCESSING TIMES.
The Wisconsin Department of Financial Institutions reserves the right to extend expedite periods in time of extreme volume, staff shortage or
equipment malfunction.
We are dependent on, and have no control over, the staff and systems of the Wisconsin Department of Financial Institutions.
In our experience 5-7 business days is the time it
usually takes the Wisconsin Department of Financial Institutions to process
a new Wisconsin Foreign LLC application.
We get your Wisconsin Foreign LLC application to the WI Department of Financial Institutions ASAP.
Once it is at the state we have no control over the new Wisconsin Foreign LLC application process.
How much does it cost to Form a Foreign LLC in Wisconsin?
The state of Wisconsin charges $110.00 to Form a Foreign LLC in WI.
That includes the Department of Financial Institutions's filing fee and a Certified Copy of your new Wisconsin Foreign LLC filing.
If you choose us to help you Form your Foreign LLC in Wisconsin our processing fees are $145.00.
This includes:
- Same day processing in of your new Wisconsin Foreign LLC order
- WI Name Check and Verification
- Prepare
- File Formation Documents with the Wisconsin Department of Financial Institutions
- Certified Copies of Formation Documents
- Wisconsin Foreign LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
If you are ready to Form a Wisconsin Foreign LLC, choose which Wisconsin
Foreign LLC options that you want below then click the Next Step button.
If you have any questions regarding our Wisconsin Foreign LLC services you can call us at
855-771-2477 or email us at
CorpServices@AllBizDocs.com.
Wisconsin Foreign LLC Cost Estimator
Our WI Foreign Qualfication Services include:
(These services are included in our processing fees)
Optional Wisconsin Foreign Qualification Services
(Choose options, cost is updated automatically)
-
Expedited Service - $25
explain
Normal processing time for a new Wisconsin Foreign LLC is 5-7 business days.
The Wisconsin Secretary of State offers expedited service for all new Wisconsin LLC filings. For an additional $25 the Secretary of State will process your new Wisconsin LLC application by the close of the business day following that on which your new Wisconsin LLC application is received.
This is the time by which the Wisconsin Department of Financial Institutions will either approve or deny the Foreign LLC application.
Wisconsin Foreign LLC applications must be received by the Department of Financial Institutions before noon Wisconsin time for the process to start that day.
Another way to expedite your order is to choose the Express Mail option.
The Express Mail option can cut the document delivery time in half.
- Express Mail - $35
explain
If you really need your original approved in your hands quickly, the
Express Mail option can cut the delivery time in half.
The Express Mail option has no effect on the Wisconsin Department of Financial Institutions's processing time. For the quickest turn-around time also choose the Expedited Service option.
-
S Corporation Election - $50
explain
S Corporations are taxed differently than C Corporations.
With an S Corporation, business profits may be "passed through" directly to the shareholders.
This avoids the double tax on both corporate and shareholder profits.
S Corporations do not pay any Wisconsin Corporate Income Tax.
We can prepare the S Corporation Election form for you and include it with your final Foreign LLC documents pakage.
-
WI Registered Agent - $135
explain
Every Wisconsin Foreign LLC is required to have an address within the state of Wisconsin where
official and legal correspondence can be delivered.
The individual or company that is registered with the state of Wisconsin to receive all correspondence
on behalf of the Foreign LLC is called a Registered Agent.
You may act as your own Registered Agent, however, many Foreign LLCs hire a Registered Agent because they don't have a physical address within
Wisconsin or to provide a distinct level of privacy.
We can act as your Wisconsin Foreign LLC Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your WI Registered Agent services.
-
WI Good Standing Certificate - $43
explain
A Wisconsin Good Standing Certficate is proof of the existence of your new Wisconsin Foreign LLC.
The Certificate is issued by the Wisconsin Department of Financial Institutions and is proof that your WI Foreign LLC is not behind on any
of its Wisconsin Department of Financial Institutions Corporate obligations.
A Wisconsin Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes
in the state of Wisconsin or in any other state.
We can get your Wisconsin Good Standing Certificate immediately after the Wisconsin Department of Financial Institutions has approved your Foreign LLC filing.
-
Federal EIN - $65
explain
An FEIN is like a Social Security Number for your Wisconsin Foreign LLC.
We can get your FEIN on the same day that your are approved by the Wisconsin Department of Financial Institutions.
You can get your FEIN before your articles are approved by the Wisconsin Department of Financial Institutions but it's a good idea to wait until
after approval.
Your filing may be rejected or the Foreign LLC name that you want may not be approved.
Changing information on an FEIN filing is not a trivial exercise with the IRS.
-
Foreign LLC Kit and Seal - $99
explain
While you're not required to have a Foreign LLC Kit and Seal for your new Wisconsin Foreign LLC they do come in handy.
The WI Foreign LLC Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Foreign LLC Seal.
The Foreign LLC Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your Wisconsin Foreign LLC record keeping.
-
Business License Research - $175
explain
Most new Wisconsin Foreign LLCs are required to get some kind of state, regional or local permits or business licenses.
The task to figure out exactly what you need can be daunting.
We can determine exactly which forms you need to fill out, fill them out for you and file the forms with the appropriate government agency
where possible.