Forming a Single-Member LLC in New Jersey | A Guide For Business Owners

Forming a Single-Member LLC in New Jersey

If you would like to start an LLC in New Jersey, also known as The Garden State, there are a few things that you should consider. In New Jersey, putting up a single-member limited liability company (LLC) will benefit you and your business since it protects your assets, and maintain good standing. It also combines a corporation’s limited liability protection with a sole proprietorship’s simplicity and flexibility.

In this article, Webinarcare Editorial Team will walk you through the step-by-step process of forming a Single-Member LLC in New Jersey and provide valuable tips to help you succeed in your entrepreneurial journey.

Understanding Single-Member LLCs

A single-member LLC in New Jersey is a business entity with only one owner, also known as a member. This business structure offers several advantages, including limited liability protection, pass-through taxation, and ease of management. In New Jersey, single-member LLCs are subject to state-specific regulations and requirements, which may vary from other states. The formation process typically involves choosing a unique business name, registering with the Secretary of State, and completing other required steps to comply with New Jersey laws and regulations.

A Limited Liability Company is subject to state-specific regulations and requirements, which we will cover in this guide. Before that, we reviewed some of the Best LLC Services for you to check out.

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It is suggested that you speak with a legal professional before you begin setting up your single-member LLC. They’ll understand what’s best for you and your company. To safeguard your personal assets from business debts, you can always start an LLC for your business.

WEBINARCARE EDITORIAL TEAM

How to Form a Single-Member LLC in New Jersey

To form a single-member LLC for your business, you must follow the guidelines, including research and planning, registering your single-member LLC, establishing your business operations, and maintaining compliance with New Jersey regulations.

Step 1: Research and Planning

Before you can form your single-member LLC in New Jersey, conducting thorough research and creating a solid business plan is crucial. This stage involves the following steps:

Research State-Specific Requirements

Each state has its own regulations for maintaining and forming an LLC. To ensure you comply with New Jersey law, familiarize yourself with the state’s LLC requirements, such as filing fees, Annual Report requirements, and ongoing compliance obligations.

Choose a Business Name

Selecting a name for your LLC is an essential part of the formation process. Your business name should be unique, memorable, and reflective of your products or services. There is a complete guide on Business Name Search in New Jersey for you to have a proper LLC business name. 

In New Jersey, your single-member LLC name must:

  • Include the words “Limited Liability Company,” “LLC,” or “L.L.C.”
  • Not contain any words or phrases that are prohibited by state law
  • Be distinguishable from the names of other businesses registered in the state

If you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application in the New Jersey Secretary of State to keep the name. 

You can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for a DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA in New Jersey, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA for up to five years, which costs around $50. You can check the availability of your desired business name by searching the New Jersey Division of Revenue & Enterprise Services‘s website.

Recommended: Embark on your entrepreneurial journey confidently and affordably with LegalZoom’s DBA service, the beacon that guides businesses to credible branding and comprehensive compliance. Discover how effortless success can truly be!

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Determine Licensing and Permit Requirements

Depending on the nature of your business, you may need to obtain certain licenses and permits to operate legally. Research the specific requirements for your industry in New Jersey by consulting the state’s business licensing portal, contacting your local Chamber of Commerce, or seeking advice from New Jersey Business Attorney.

Create a Business Plan

A well-crafted business plan will guide your single-member LLC’s growth and success. Your business plan for your New Jersey single-member LLC should cover key aspects such as:

  • Executive summary
  • Company Description
  • Market Analysis
  • Competitive Analysis
  • Products and Services
  • Marketing and Sales Strategy
  • Organizational Structure
  • Financial Projections

Step 2: Registering Your Single-Member LLC

Once you have completed the initial research and planning, it’s time to register your single-member LLC with the New Jersey Secretary of State. Here are the steps involved:

File the Certificate of Formation

To officially form your single-member LLC in New Jersey, you must file the New Jersey Certificate of Formation with the New Jersey Secretary of State. This document includes essential information about your LLC, such as:

  • The name of your LLC
  • The address of your LLC’s principal office
  • The name and address of your registered agent
  • The purpose of your LLC (optional in some states)

You can typically file the Certificate of Formation online, by mail, or in person. A filing fee is associated with this process, which costs around $125.

Appoint a Registered Agent

A Registered Agent is a person or entity responsible for receiving legal documents and official notices on behalf of your LLC. In New Jersey, your Registered Agent must:

  • Be a resident of New Jersey or a business entity authorized to do business in the state
  • Have a physical address in New Jersey (P.O. boxes are not acceptable)

It’s essential to choose a reliable and responsible New Jersey Registered Agent, as failure to receive and respond to legal documents can have serious consequences for your business. 

You can serve as your own Registered Agent or appoint a friend, family member, or a professional New Jersey Registered Agent Services.

Obtain an Employer Identification Number (EIN)

An EIN, also known as a Federal Tax Identification Number, is used by the Internal Revenue Service (IRS) to identify your business for tax purposes. You’ll need an EIN to open a business bank account, file taxes, and hire employees (if necessary). 

The application of an EIN in New Jersey can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

In obtaining New Jersey EIN for your single-member LLC, you should be aware to ensure that your LLC is eligible for an EIN. You need an EIN if you have employees, operate as a corporation or partnership, or meet other specific IRS criteria. Before applying, gather the required information, including your LLC’s name, mailing address, and the responsible party’s Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Also, you can apply for an EIN through various methods, including online, by fax, mail, or telephone (for international applicants).

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

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Register Your Single-Member LLC

If your single-member LLC will collect sales tax, have employees, or be subject to certain state taxes, you may need to register with the New Jersey Division of Revenue and Enterprise Services. Check the department’s website or consult a tax professional for specific registration requirements.

Step 3: Establishing Your Business Operations

With your single-member LLC officially registered in New Jersey, you can now focus on setting up the operational aspects of your business.

Open a Business Bank Account

Opening a separate bank account for your New Jersey single-member LLC is essential for maintaining a clear separation between your personal and business finances. This separation helps preserve the limited liability protection offered by the LLC structure. You can check out the Best Banks in New Jersey, which offer the best fees, services, and convenience for your business needs.

Set Up an Accounting System

Effective financial management is crucial for the success of your single-member LLC. Establish a reliable accounting system to track income, expenses, and tax obligations. You can manage your finances using spreadsheets and accounting software by becoming a CPA in New Jersey.

Create an Operating Agreement

Although not required by New Jersey law, it’s highly recommended that you create an operating agreement for your single-member LLC. This document outlines your LLC’s management structure, decision-making process, and ownership rights. A clear New Jersey Operating Agreement can prevent disputes and provide a framework for managing your business.

The operating agreement includes information like-

  • About Business
  • Members and management
  • Capital contribution
  • Profit Distribution
  • Change of membership
  • Dissolution

Step 4: Maintaining Compliance with New Jersey Regulations

Once your single-member LLC is up and running, staying informed and compliant with state regulations is essential. Here are some key ongoing requirements for LLCs in New Jersey:

File Annual Report

LLCs must file Annual Report with the New Jersey Secretary of State. This report typically includes updated information about your LLC, such as its business address, Registered Agent, and member information. 

In New Jersey, the annual report fee costs around $75 which can be paid every 1 year (end of the anniversary month).

Pay Required Taxes and Fees

As a single-member LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your personal tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in New Jersey Division of Taxation.

In terms of franchise tax for your single-member LLC in New Jersey, there is $500 minimum. Consult a tax professional to ensure you meet all your tax obligations.

Maintain Accurate and Up-to-Date Records

Keeping detailed records of your single-member LLC’s transactions, meetings, and decisions is crucial for maintaining compliance with state regulations and protecting your limited liability status. Regularly review and update your records to accurately reflect your business activities.

Cost of Forming a Single-Member LLC in New Jersey

Even if you have a business name and structure in mind, consider whether you can afford the costs of forming an LLC in New Jersey. Certificate of Formation costs around $125. The initial filing fee is $125 (by mail and online), and the annual fee is $75. 

If you forget to pay the annual fee for your New Jersey LLC, you will have a penalty of $200. However, you can check the New Jersey LLC Cost for additional information. 

Advantages of Starting a Single-Member LLC

Even though some people decide on what to do with their businesses, some choose to put it in their own individual name, while others still choose to set it up via single-member LLC in New Jersey. These advantages will help establish a single-member LLC in New Jersey. 

  • Limited Liability Protection: One of the primary advantages of a single-member LLC is the limited liability protection it provides to its owner. This means that the owner’s personal assets, such as their home and personal savings, are protected from the debts and liabilities of the business. In the event of a lawsuit or financial loss, only the assets owned by the LLC are at risk.
  • Pass-Through Taxation: Single-member LLCs enjoy pass-through taxation, meaning that the business profits and losses are reported on the owner’s tax return. This avoids the double taxation that traditional corporations face, where the company and the owner are taxed separately on the same income.
  • Simplified Management: Single-member LLCs have a simplified management structure compared to other business structures. The owner has full control over the business’s decision-making process and day-to-day operations without needing a board of directors or complex corporate formalities.
  • Flexibility in Business Operations: Single-member LLCs offer flexibility in terms of operational and management structures. The owner can operate the business as a sole proprietor while benefiting from an LLC’s limited liability protection.
  • Credibility: Forming a single-member LLC can enhance the credibility of your business in the eyes of potential customers, suppliers, and financial institutions. An LLC designation can make your business more professional and established than a sole proprietorship.

FAQs

What is a single-member LLC in New Jersey?
A single-member LLC is a limited liability company with only one owner in New Jersey.
What is the registration fee for a single-member LLC in New Jersey?
The registration fee for a single-member LLC in New Jersey is $125.
Can single-member LLCs in New Jersey be taxed as an S corporation?
Yes, single-member LLCs in New Jersey can elect to be taxed as an S corporation.
What are the benefits of forming a single-member LLC in New Jersey?
The benefits of forming a single-member LLC in New Jersey include limited liability protection, tax flexibility, and ease of administration.
Can non-residents form a single-member LLC in New Jersey?
Yes, non-residents can form a single-member LLC in New Jersey.
Can I use a PO Box as my LLC’s address in New Jersey?
No, you cannot use a PO Box as your LLC’s address in New Jersey.
Is a single-member LLC in New Jersey required to have an operating agreement?
No, but it is recommended that a single-member LLC in New Jersey has an operating agreement.
Can a single-member LLC in New Jersey have more than one member?
No, a single-member LLC in New Jersey cannot have more than one member.
How do I file the paperwork to form a single-member LLC in New Jersey?
You can file the paperwork to form a single-member LLC in New Jersey online or by mail.
Am I required to file an annual report for my single-member LLC in New Jersey?
Yes, you are required to file an annual report for your single-member LLC in New Jersey.
Can I change my single-member LLC’s name in New Jersey?
Yes, you can change your single-member LLC’s name in New Jersey.
What is the role of a registered agent for a single-member LLC in New Jersey?
The role of a registered agent for a single-member LLC in New Jersey is to accept legal and official documents on behalf of the LLC.
Is there a publication requirement for forming a single-member LLC in New Jersey?
No, there is no publication requirement for forming a single-member LLC in New Jersey.
Can a single-member LLC in New Jersey convert to a multi-member LLC?
Yes, a single-member LLC in New Jersey can convert to a multi-member LLC.
What happens to the assets of a single-member LLC in New Jersey when the owner dies?
The assets of a single-member LLC in New Jersey will be distributed according to the owner’s estate plan.
Can a single-member LLC in New Jersey be converted to a corporation?
Yes, a single-member LLC in New Jersey can be converted to a corporation.
Can a single-member LLC in New Jersey be used to hold property?
Yes, a single-member LLC in New Jersey can be used to hold property.
Can I form a single-member LLC in New Jersey for a short-term project?
Yes, you can form a single-member LLC in New Jersey for a short-term project.
Can a single-member LLC in New Jersey have a non-active designated agent?
No, a single-member LLC in New Jersey cannot have a non-active designated agent.
Can I be the registered agent for my single-member LLC in New Jersey?
Yes, you can be the registered agent for your single-member LLC in New Jersey.
What is the business privilege tax for a single-member LLC in New Jersey?
The business privilege tax for a single-member LLC in New Jersey varies depending on the LLC’s net income.
Can a single-member LLC in New Jersey be managed by an LLC manager?
Yes, a single-member LLC in New Jersey can be managed by an LLC manager.
Can a single-member LLC in New Jersey be taxed as a sole proprietorship?
Yes, a single-member LLC in New Jersey can elect to be taxed as a sole proprietorship.
Does a single-member LLC in New Jersey need to obtain a business license?
A single-member LLC in New Jersey may need to obtain a business license depending on the type of business it conducts.
Can I change my single-member LLC’s tax classification in New Jersey?
Yes, you can change your single-member LLC’s tax classification in New Jersey.
What is the minimum age requirement for forming a single-member LLC in New Jersey?
There is no minimum age requirement for forming a single-member LLC in New Jersey.
Can I form a single-member LLC in New Jersey?
Yes. Single-member LLCs are allowed and recognized in New Jersey.
What is the difference between a single-member LLC and a sole proprietorship in New Jersey?
A single-member LLC provides limited liability protection for the owner, while a sole proprietorship does not.
Can a single-member LLC file taxes as an S-corporation in New Jersey?
Yes. However, the single-member LLC must file Form 2553 with the IRS to elect to be taxed as an S-corporation.
Do I need to file an operating agreement with the state of New Jersey when forming a single-member LLC?
No. New Jersey does not require the filing of an operating agreement with the state.
Do I need to include my name in the name of my single-member LLC in New Jersey?
No. New Jersey does not require LLCs to include the owner’s name in the entity name.
Can I use a registered agent service for my New Jersey single-member LLC?
Yes, you can use a registered agent service to receive legal and tax documents on behalf of your LLC.
What forms are required to form a single-member LLC in New Jersey?
You must file a Certificate of Formation with the New Jersey Division of Revenue and Enterprise Services.
Is there a fee to file for a Certificate of Formation for a single-member LLC in New Jersey?
Yes. As of 2021, the filing fee for a Certificate of Formation in New Jersey is $125.
Is it necessary to obtain an EIN or tax ID for a single-member LLC in New Jersey?
Yes. An EIN or tax ID is required to open a bank account and file taxes for your single-member LLC in New Jersey.
Who can be a registered agent for a single-member LLC in New Jersey?
A registered agent must be a resident of New Jersey, or a corporation authorized to do business in New Jersey.
Do I need to publish notice of my single-member LLC formation in a newspaper in New Jersey?
No. New Jersey does not require LLCs to publish notice of formation in a newspaper.
How do I keep my personal assets separate from my single-member LLC’s assets in New Jersey?
It is important to have a separate bank account and maintain accurate records for your LLC to ensure separation of assets.
Can a single-member LLC in New Jersey have an office located outside of the state?
Yes. Single-member LLCs in New Jersey can have offices anywhere as long as they are registered to do business in that state.
If I move out of New Jersey, do I need to dissolve my single-member LLC?
No. You can maintain your New Jersey single-member LLC even if you move out of the state. However, you need to register to do business in your new state if you plan to operate there.
Who can sign the Certificate of Formation for a single-member LLC in New Jersey?
The owner of the single-member LLC or a person authorized by the owner can sign the Certificate of Formation.
Do I need to file any ongoing reports with the state of New Jersey after forming my single-member LLC?
Yes, single-member LLCs in New Jersey must file an annual report and pay a fee of $50 each year.
Can I change the name of my single-member LLC in New Jersey after it has been formed?
Yes, you can do so by submitting a name change statement with the New Jersey Division of Revenue and Enterprise Services.
Is it necessary to obtain a license for my single-member LLC to operate in New Jersey?
Depending on the type of business you operate, you may need to obtain a license from New Jersey state departments or agencies.
Do I need to sell products or services with my single-member LLC to be required to charge sales tax in New Jersey?
In New Jersey, you generally must charge sales tax on the products or services your LLC sells, except for services specifically exempt from tax.
Can a single-member LLC conduct business under a trade name or “DBA” in New Jersey?
Yes, single-member LLCs in New Jersey can register for a trade name or DBA (Doing Business As).
Do I need to file personal income tax as the owner of a single-member LLC in New Jersey?
Yes, as a single-member LLC owner, you are considered self-employed and will need to file taxes at the personal level.
Can a single-member LLC in New Jersey sue or be sued in court?
Yes, single-member LLCs can sue or be sued in court in New Jersey.
Can a single-member LLC issue stock or have shareholders?
No, single-member LLCs in New Jersey cannot issue stock or have shareholders since it is designed to have only one owner.
What are the advantages of forming a single-member LLC in New Jersey?
Advantages of forming a single-member LLC in New Jersey include limited liability, simplicity of structure, and pass-through taxation.
What are the disadvantages of forming a single-member LLC in New Jersey?
Disadvantages of forming a single-member LLC in New Jersey include additional fees and paperwork for annual reporting and the potential for confusion with a sole proprietorship.
Can a single-member LLC in New Jersey have a board of directors?
No, single-member LLCs in New Jersey cannot have a board of directors since it is designed to have only one owner.
Is there a minimum capital requirement to form a single-member LLC in New Jersey?
No, New Jersey does not have any minimum capital requirement for single-member LLCs.

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Conclusion

Starting a single-member LLC in New Jersey can be a rewarding experience that offers numerous benefits for entrepreneurs. By following this guide and staying informed about state regulations, you can successfully navigate the formation process and set your new business up for success. Feel free to seek professional assistance from a lawyer or accountant if you have questions or need help. Your journey as a business owner has just begun – embrace the challenges and enjoy the rewards of your hard work and determination.

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