How to Form an LLC in Kansas (2026)
Reviewed by DocDraft Legal Team · Kansas · Last updated 2026-08-06
A limited liability company (LLC) is a business structure that legally separates the company from the people who own it, so the owners are generally not personally responsible for the company's debts. Forming one in Kansas means filing a formation document with a state agency and paying its fee to bring the company into legal existence. In Kansas you create an LLC by filing the Articles of Organization with the Kansas Secretary of State and paying an $85 online filing fee. Two features make Kansas easier on cost than many states. First, Kansas charges no franchise tax and no minimum annual tax on LLCs, so there is no recurring state tax simply for existing. Second, Kansas requires only a biennial report, filed every two years for a $53 online fee, rather than an annual report. Kansas LLCs are governed by the Kansas Revised Limited Liability Company Act at K.S.A. 17-7662 and following. This guide explains what an LLC is, the exact Kansas steps and fees, and the deadlines that keep the company in good standing.
Find out where you stand in Kansas
Where are you in forming your LLC?
DocDraft provides document preparation, not legal advice.
How do you form an LLC in Kansas?
File the Articles of Organization with the Kansas Secretary of State and pay the $85 online filing fee. You must name a resident agent with a Kansas street address who can accept legal papers. Online filings are processed immediately, while mailed filings take about two to three business days before the LLC is on record.
Does a Kansas LLC pay a franchise or annual tax?
No. Kansas does not impose a franchise tax or a minimum annual tax on an LLC just for existing in the state. The main recurring state obligation is the biennial report filed with the Secretary of State. An LLC still pays federal taxes and any Kansas taxes tied to its actual income or activity.
How often does a Kansas LLC file a report?
A Kansas LLC files a biennial report with the Secretary of State every two years, not every year. The online filing fee is $53. The report confirms the LLC's current information and keeps it in good standing. Missing the report can eventually lead the state to forfeit the company's registration.
Does Kansas require newspaper publication to form an LLC?
No. Kansas does not require an LLC to publish notice of its formation in a newspaper. This differs from states such as New York, Arizona, and Nebraska, where publication is a condition of forming or operating. In Kansas the Articles of Organization filing with the Secretary of State completes formation, with no separate publication step.
Kansas LLC formation at a glance
You form a Kansas LLC by filing the Articles of Organization with the Kansas Secretary of State for an $85 online filing fee. What sets Kansas apart is how light the ongoing cost is. Kansas charges no franchise tax and no minimum annual tax on an LLC, so there is no recurring state levy simply for keeping the company alive. The main continuing obligation is a biennial report, filed with the Secretary of State every two years for a $53 online fee, rather than the annual report many states require. Online filings are processed immediately, and mailed filings take about two to three business days. Every Kansas LLC must name and maintain a resident agent with a physical Kansas address to receive lawsuits and official notices. Kansas does not require newspaper publication. If you want to hold a name before filing, a name reservation with the Secretary of State costs $30. The governing statute is the Kansas Revised Limited Liability Company Act, K.S.A. 17-7662 and following.
Forming a two-owner Kansas LLC, step by step
Suppose two friends in Wichita want to open a small landscaping business as an LLC. First they search the Kansas Secretary of State's business entity database to confirm their name is available and includes a designator such as LLC, and they can reserve the name for a $30 fee while they prepare paperwork. Next they appoint a resident agent: one owner lives in Kansas and agrees to serve, using a Kansas street address, not a P.O. box, where legal papers can be delivered. They then file the Articles of Organization with the Secretary of State online and pay the $85 filing fee. Because they file online, the LLC exists immediately once the state accepts it. There is no franchise tax or minimum annual tax to budget for, which keeps their recurring state cost low. Because they have two members, they write an operating agreement setting each owner's percentage and how profits split, even though Kansas does not require them to file it. They apply to the IRS for a free EIN so the partnership can file taxes and open a bank account. Finally they calendar the biennial report, filed with the Secretary of State every two years for a $53 online fee, so the company stays in good standing.
Relevant Laws
Kansas Revised Limited Liability Company Act (K.S.A. 17-7662 et seq.)
The Kansas Revised Limited Liability Company Act governs the formation, management, and dissolution of every Kansas LLC. It sets who may form an LLC, the required contents of the Articles of Organization, the resident agent requirement, and the default rules for member-managed and manager-managed companies. It applies to LLCs organized under Kansas law.
K.S.A. 17-7673 (Articles of Organization)
Requires a Kansas LLC to be formed by filing Articles of Organization with the Kansas Secretary of State. The articles state the LLC's name and the name and address of its resident agent. The company legally exists once the Secretary of State files the articles. The online filing fee is $85.
K.S.A. 17-7666 (Resident agent and registered office)
Requires every Kansas LLC to continuously maintain a resident agent and a registered office in Kansas. The resident agent, an individual residing in Kansas or an authorized business entity, receives service of process and official state notices for the company. The agent's Kansas address is listed in the Articles of Organization.
K.S.A. 17-76,139 (Biennial report)
Requires a Kansas LLC to file a report with the Secretary of State every two years. The biennial report keeps the LLC's information current and is a condition of remaining in good standing. The online filing fee is $53. An LLC that fails to file can have its registration forfeited by the state.
Kansas Secretary of State fee schedule
The Kansas Secretary of State publishes the current filing fees for business entities, including the $85 online Articles of Organization fee, the $53 online biennial report fee, and the $30 name reservation fee. It is the authoritative reference for the exact amounts a Kansas LLC will pay.
IRS federal tax classification (default pass-through)
The IRS does not tax the LLC as a separate category. By default a single-member Kansas LLC is disregarded and taxed like a sole proprietorship, and a multi-member LLC is taxed as a partnership, with income passing through to the owners. An LLC may instead elect S corporation or C corporation treatment. This federal classification is separate from any Kansas state filing.
Regional Variances
How forming an LLC in Kansas differs from other states
No franchise tax and no minimum annual tax
This is the headline difference. Kansas charges no franchise tax and no minimum annual tax on an LLC just for existing. States like California charge a flat minimum every year regardless of income, while Kansas does not. Over the life of the company, the absence of a recurring state tax keeps the cost of a Kansas LLC low.
Biennial report, not annual
Kansas requires a report only every two years, for a $53 online fee, rather than the annual report many states use. The two-year cadence means fewer filings, but the easiest way to fall out of good standing is forgetting the report in the off cycle, so it is worth calendaring the due year.
No newspaper publication requirement
Kansas does not require you to publish notice of formation in a newspaper. New York, Arizona, and Nebraska do, which adds cost and a deadline. A Kansas LLC is complete once the Secretary of State files the Articles of Organization, with no publication step to track.
Immediate online processing
Kansas processes online Articles of Organization immediately, so the LLC can exist the same day you file. Mailed filings take about two to three business days. Many states take a week or more to review a formation filing, so a Kansas LLC can be stood up quickly.
Formation document and filing office
Kansas uses the Articles of Organization, filed with the Kansas Secretary of State. Some states call the document a Certificate of Formation or Certificate of Organization, and some route filings through a Division of Corporations or a state corporation commission rather than the Secretary of State.
Suggested Compliance Checklist
Confirm your LLC name is available and compliant
Before filing days after startingSearch the Kansas Secretary of State's business entity database to confirm your desired name is not already in use and that it includes a required designator such as LLC or Limited Liability Company. Avoid restricted words that need special approval. You can reserve an available name with the Secretary of State for a $30 fee while you prepare your Articles of Organization.
Appoint a resident agent
Before filing days after startingKansas requires a resident agent with a physical Kansas address who can accept legal documents for the company. Decide whether you, a co-owner who lives in Kansas, or a commercial resident agent service will serve. You will name the agent and the Kansas address in the Articles of Organization, so settle this first.
File the Articles of Organization with the Secretary of State
To create the LLC days after startingFile the Articles of Organization with the Kansas Secretary of State online and pay the $85 filing fee. Online filings are processed immediately, so the LLC exists the same day, while mailed filings take about two to three business days. Keep the filed confirmation as proof of formation.
Adopt an operating agreement
At or soon after formation days after startingPut the ownership percentages, profit split, management structure, and exit rules in writing. Kansas law lets members govern the LLC by an operating agreement, but you do not file it with the state. It governs how the LLC runs and overrides the default statutory rules. Attorney review of the agreement is available as an option through DocDraft.
Get a federal EIN from the IRS
Before opening a bank account or hiring days after startingApply for an Employer Identification Number free on the IRS website. Multi-member LLCs, LLCs with employees, and LLCs electing corporate tax treatment need one. Single-member LLCs with no employees usually get one anyway to open a business bank account and keep business and personal finances separate.
Calendar the biennial report
Every two years days after startingFile the biennial report with the Kansas Secretary of State every two years to keep the LLC in good standing. The online filing fee is $53. Because the report comes only once every two years, set a reminder so you do not miss the off-cycle year. Failing to file can eventually lead the state to forfeit the company's registration.
Track any Kansas taxes tied to your activity
Ongoing days after startingKansas charges no franchise tax or minimum annual tax on an LLC for existing, but your company may still owe Kansas taxes based on what it does, such as sales tax on taxable sales or withholding on payroll. Register with the Kansas Department of Revenue as needed and confirm current obligations for your line of business.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your LLC name is available and compliant | Search the Kansas Secretary of State's business entity database to confirm your desired name is not already in use and that it includes a required designator such as LLC or Limited Liability Company. Avoid restricted words that need special approval. You can reserve an available name with the Secretary of State for a $30 fee while you prepare your Articles of Organization. | - | Before filing |
| Appoint a resident agent | Kansas requires a resident agent with a physical Kansas address who can accept legal documents for the company. Decide whether you, a co-owner who lives in Kansas, or a commercial resident agent service will serve. You will name the agent and the Kansas address in the Articles of Organization, so settle this first. | - | Before filing |
| File the Articles of Organization with the Secretary of State | File the Articles of Organization with the Kansas Secretary of State online and pay the $85 filing fee. Online filings are processed immediately, so the LLC exists the same day, while mailed filings take about two to three business days. Keep the filed confirmation as proof of formation. | - | To create the LLC |
| Adopt an operating agreement | Put the ownership percentages, profit split, management structure, and exit rules in writing. Kansas law lets members govern the LLC by an operating agreement, but you do not file it with the state. It governs how the LLC runs and overrides the default statutory rules. Attorney review of the agreement is available as an option through DocDraft. | llc-operating-agreement | At or soon after formation |
| Get a federal EIN from the IRS | Apply for an Employer Identification Number free on the IRS website. Multi-member LLCs, LLCs with employees, and LLCs electing corporate tax treatment need one. Single-member LLCs with no employees usually get one anyway to open a business bank account and keep business and personal finances separate. | - | Before opening a bank account or hiring |
| Calendar the biennial report | File the biennial report with the Kansas Secretary of State every two years to keep the LLC in good standing. The online filing fee is $53. Because the report comes only once every two years, set a reminder so you do not miss the off-cycle year. Failing to file can eventually lead the state to forfeit the company's registration. | - | Every two years |
| Track any Kansas taxes tied to your activity | Kansas charges no franchise tax or minimum annual tax on an LLC for existing, but your company may still owe Kansas taxes based on what it does, such as sales tax on taxable sales or withholding on payroll. Register with the Kansas Department of Revenue as needed and confirm current obligations for your line of business. | - | Ongoing |
Frequently Asked Questions
An LLC, or limited liability company, is a business structure that separates the company from its owners as a matter of law. The owners, called members, are generally not personally liable for the company's debts or lawsuits, so a creditor usually cannot reach a member's home or personal savings for a business obligation. In Kansas, LLCs are created under the Kansas Revised Limited Liability Company Act at K.S.A. 17-7662 and following. It combines that liability protection with pass-through taxation and lighter paperwork than a corporation.
You file the Articles of Organization with the Kansas Secretary of State. The online filing fee is $85, paid once. The articles list the LLC's name and its resident agent's Kansas address, and the company legally exists once the Secretary of State accepts the filing. Online submissions are processed immediately, so you can often stand up the LLC the same day you file.
Kansas charges no franchise tax and no minimum annual tax on an LLC just for existing. States like California impose a flat minimum every year regardless of income, while Kansas does not. Your only recurring state cost is the $53 biennial report filed every two years. You still owe federal taxes and any Kansas taxes tied to actual income, sales, or payroll, but nothing simply for keeping the company alive.
A Kansas LLC files its report with the Secretary of State every two years, not annually, for a $53 online fee. Because it comes only once every two years, it is easy to forget in the off cycle. If you keep missing it, the state can eventually forfeit the LLC's registration, which strips its good standing and can put your liability protection at risk. Calendar the due year when you form to avoid this.
Yes. If you have a name but are not ready to file, you can reserve it with the Kansas Secretary of State for a $30 fee while you prepare your Articles of Organization. First search the Secretary of State's business entity database to confirm the name is available and includes a required designator such as LLC or Limited Liability Company. Reservation is optional, since filing the articles also locks in the name.
Yes. Kansas calls it a resident agent, and you can serve as your own as long as you have a physical Kansas street address, not a P.O. box, where legal papers can be delivered. You can also name a co-owner who lives in Kansas or hire a commercial resident agent service. Every Kansas LLC must name and continuously maintain a resident agent, listed with its Kansas address in the Articles of Organization.
By default the IRS treats a single-member Kansas LLC as a disregarded entity, so its income is reported on the owner's personal return much like a sole proprietorship. A multi-member LLC is taxed as a partnership by default, with income passing through to the members. An LLC can instead elect S corporation or C corporation treatment. This federal classification is separate from any Kansas filing, and Kansas adds no franchise or minimum annual tax. Attorney review is available if you want your setup checked.
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