How to Form an LLC in New Hampshire
Form Your LLCForming an LLC in New Hampshire means filing a Certificate of Formation with the Secretary of State and paying a $102 state fee. New Hampshire has no personal income tax, which makes it an appealing state for entrepreneurs. The process is straightforward once you know the steps.
New Hampshire LLC — key facts
Why form an LLC in New Hampshire?
New Hampshire has no personal income tax and no sales tax, which gives business owners more flexibility in how they structure their finances. For an LLC taxed as a pass-through entity, that means your share of business income isn't taxed at the state level the way it would be in most other states.
The state also has a Business Profits Tax (BPT) that applies to business income over $92,000, so it's worth talking to a tax professional once your revenue grows. Below that threshold, the tax picture is relatively clean.
New Hampshire's Division of Economic Development offers programs like the Job Training Fund, which provides a 50/50 cash match grant of $750 to $100,000 for employee training — worth looking into if you plan to hire. The state's regulatory environment is generally business-friendly, and the LLC structure gives you liability protection without the complexity of a corporation.
How do you form an LLC in New Hampshire?
To form an LLC in New Hampshire, you file a Certificate of Formation with the Secretary of State and pay the $102 state fee. You can file online through the NH QuickStart portal or by mail. Here are the 6 steps to get your New Hampshire LLC formed.
Step 1: Choose a name for your New Hampshire LLC
Step 2: Appoint a registered agent in New Hampshire
Step 3: File your Certificate of Formation
Step 4: Create an operating agreement
Step 5: Get an Employer Identification Number (EIN)
Step 6: Open a business bank account
How much does it cost to form an LLC in New Hampshire?
The state filing fee to form an LLC in New Hampshire is $102, paid to the Secretary of State when you file your Certificate of Formation. That's the core cost. Additional costs depend on whether you use a registered agent service, reserve your business name, or need expedited processing.
New Hampshire also requires an annual report filed by April 1 each year, with a $100 fee. Missing the annual report deadline can put your LLC out of good standing with the state.
What are the ongoing requirements for a New Hampshire LLC?
After your New Hampshire LLC is formed, you need to file an annual report by April 1 each year and pay the $100 fee. The annual report is filed with the Secretary of State and keeps your LLC in good standing. Missing the deadline can result in your LLC being administratively dissolved.
New Hampshire doesn't have a state income tax on wages, but the Business Profits Tax (BPT) applies to business income over $92,000. If your LLC reaches that threshold, a tax professional can help you figure out what you owe and how to structure your payments.
Keep your registered agent information current. If your registered agent changes, you need to update the Secretary of State. Letting that lapse means official legal documents may not reach you.
Do you need an operating agreement in New Hampshire?
New Hampshire doesn't require an operating agreement to form an LLC, but one is strongly recommended. Without it, your LLC operates under the state's default rules — which may not match how you actually want to run your business.
A good operating agreement covers member contributions, profit distributions, voting rights, how decisions get made, and what happens when a member wants to leave. For single-member LLCs, it also reinforces that your business is a separate legal entity — which matters if your liability protection is ever challenged.
New Hampshire allows both member-managed and manager-managed LLCs. Your operating agreement is where you specify which structure you're using. The NH Secretary of State's website has additional guidance on LLC governance.
What other LLC types can you form in New Hampshire?
New Hampshire recognizes a few LLC variations beyond the standard domestic LLC. Knowing which one applies to your situation can save you time and paperwork.
Professional LLC (PLLC)
Foreign LLC
Frequently asked questions
How much does it cost to form an LLC in New Hampshire?
The state filing fee is $102, paid to the New Hampshire Secretary of State when you file your Certificate of Formation. After that, you'll owe a $100 annual report fee each year, due by April 1. Optional costs include name reservation ($15) and registered agent services if you use a third party.
Can I form an LLC in New Hampshire by myself?
Yes. New Hampshire allows a single person to form and own an LLC — called a single-member LLC. You file the Certificate of Formation yourself, appoint a registered agent, and get an EIN from the IRS. There's no requirement to have a lawyer or a formation service, though many entrepreneurs use one to make sure the paperwork is filed correctly.
How long does it take to form an LLC in New Hampshire?
It depends on how you file. Online filings through the NH QuickStart portal are generally processed faster than mail filings. The Secretary of State's current processing times are listed on their website. Expedited processing is available for an additional fee if you need your LLC formed faster.
Does New Hampshire require an operating agreement for an LLC?
No. New Hampshire does not require an operating agreement to form an LLC. But having one is strongly recommended — it defines how your LLC is managed, how profits are split, and what happens if a member leaves. Without one, your LLC defaults to New Hampshire's standard LLC statutes, which may not reflect your intentions.
Does New Hampshire have a state income tax for LLCs?
No personal income tax applies to wages in New Hampshire. For LLCs taxed as pass-through entities, that means your share of business income generally isn't taxed at the state level. However, the Business Profits Tax (BPT) applies to business income over $92,000. A tax professional can help you figure out how this applies to your specific situation.
What is the annual report requirement for a New Hampshire LLC?
New Hampshire LLCs must file an annual report with the Secretary of State by April 1 each year. The filing fee is $100. The annual report keeps your LLC in good standing. If you miss the deadline, the state can administratively dissolve your LLC — meaning it loses its legal status until you file and pay any outstanding fees.
Ready to form your New Hampshire LLC?
We handle your New Hampshire LLC paperwork — for $0 plus the $102 state fee. File your Certificate of Formation, get a registered agent for your first year, and get your business on record with the state. Form your New Hampshire LLC today.