How to Start an LLC in Mississippi (Step-by-Step Guide)
If you’re looking to launch a new business, the first concrete step you will need to take is to form an official legal business entity for your new company. This could be a corporation, S-corp, sole proprietorship, partnership, or limited liability company (LLC). For many business owners, LLCs present the best option, as they have great personal liability protection, but are easier to set up and maintain than corporations are.
Limited Liability Companies are set up on the state level, and the process varies depending on the state. In Mississippi, LLCs are set up with the Mississippi Secretary of State. You will need to file the Certificate of Formation with the state (see step #5 below), which is the formal document that establishes your LLC as a business entity.
There is more to it than just that, however, which is why we put together this guide on how to start an LLC in Mississippi. Keep reading to learn how!
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Forming an LLC in Mississippi requires filing a Certificate of Formation with the Mississippi Secretary of State and paying a $50 filing fee. The process takes about 3-5 business days for online filings.
Follow these steps to start your Mississippi LLC in 2026.
How to Start an LLC in Mississippi (6 Steps)
Step 1: Name Your Mississippi LLC
Your LLC name must be distinguishable from other business names on file with the Mississippi Secretary of State. The name must include “Limited Liability Company,” “LLC,” or “L.L.C.”
Search the Mississippi Secretary of State business name database to check availability. You can also reserve a name for 180 days by filing an Application for Name Reservation ($25 fee).
Mississippi naming rules:
- Must include an LLC designator (LLC, L.L.C., or Limited Liability Company)
- Cannot be the same as or deceptively similar to an existing entity on file with the Secretary of State
- Cannot contain restricted words like “bank,” “insurance,” or “trust” without proper authorization
Step 2: Choose a Registered Agent
Mississippi requires every LLC to have a registered agent with a physical street address in Mississippi. The registered agent must be either a Mississippi resident or a business entity authorized to do business in the state.
You can serve as your own registered agent (if you have a Mississippi address), or use a professional service. Our top recommendation is Northwest Registered Agent ($39/year), which also handles LLC formation for $39 + the $50 state fee.
Step 3: File Your Certificate of Formation
File your Certificate of Formation with the Mississippi Secretary of State. All Mississippi LLC filings must be completed online through the Secretary of State’s business portal.
Filing details:
- Filing fee: $50 (plus a small convenience fee for online payment)
- Filing method: Online only through the Secretary of State’s portal
- Processing time: 3-5 business days
Information required:
- LLC name
- Principal office address
- Registered agent name and address in Mississippi
- Duration (perpetual is standard)
- Purpose of the LLC
- Whether the LLC is member-managed or manager-managed
- Name and address of each organizer
Step 4: Create an Operating Agreement
Mississippi doesn’t legally require an operating agreement, but having one is strongly recommended. It establishes ownership structure, profit distribution, and management responsibilities — and it’s usually required to open a business bank account.
Step 5: Get an EIN
Apply for an Employer Identification Number (EIN) through the IRS website. It’s free and takes about 15 minutes online. You need an EIN to open a business bank account, hire employees, and file taxes.
Step 6: Register for Mississippi Taxes
After forming your LLC, register with the Mississippi Department of Revenue for applicable state taxes. You can register online through the Mississippi Department of Revenue website.
Note: Mississippi has a franchise tax that is being phased out. For 2026, the rate is $0.50 per $1,000 of capital employed (in excess of $100,000), with a minimum of $25. The franchise tax will be fully repealed after 2027.
Mississippi LLC Costs
| Cost | Amount | Frequency |
|---|---|---|
| Certificate of Formation (filing fee) | $50 | One-time |
| Registered agent service | $39-$299 | Annual |
| Annual report | $0 | Annual |
| Franchise tax (2026) | $25 minimum | Annual (being phased out) |
| EIN | $0 | One-time |
| Name reservation (optional) | $25 | One-time |
Total first-year cost: $75-$374 (depending on whether you use a registered agent service). Mississippi is one of the most affordable states for LLC formation. See our complete guide to LLC costs by state.
Mississippi LLC Taxes
Mississippi LLCs are treated as pass-through entities by default — profits flow through to members’ personal tax returns.
- State income tax: 4% to 5% (graduated individual income tax rates)
- Franchise tax (2026): $0.50 per $1,000 of capital employed over $100,000 (minimum $25). Being phased out — fully repealed after 2027.
- Sales tax: 7% state rate (one of the highest in the country), plus local taxes in some areas
- Federal taxes: Standard pass-through taxation — profits pass to members’ personal returns
- Self-employment tax: 15.3% on net self-employment income (federal)
Annual Requirements for Mississippi LLCs
- Annual report: Due April 15 each year, filed with the Mississippi Secretary of State. No filing fee ($0).
- Franchise tax return: Due on the 15th day of the 4th month after your fiscal year end (April 15 for calendar-year filers). Being phased out after 2027.
- State income tax: Mississippi individual income tax returns are due April 15.
- Maintain a registered agent: Must have a registered agent with a Mississippi address at all times.
Frequently Asked Questions
How long does it take to form an LLC in Mississippi?
Online filings are typically processed within 3-5 business days. Mississippi requires all LLC filings to be completed online through the Secretary of State’s portal — there is no mail filing option.
Is the Mississippi annual report free?
Yes. Mississippi does not charge a fee for the annual report filing. It is an informational filing due by April 15 each year. However, there is a separate franchise tax that applies through 2027.
Does Mississippi require an operating agreement?
No, Mississippi doesn’t legally require an operating agreement. However, we strongly recommend creating one. It protects your personal liability and most banks require one to open a business account.
Can I form a Mississippi LLC if I live in another state?
Yes. You can form a Mississippi LLC regardless of where you live. You’ll need a registered agent with a physical Mississippi address. However, if you primarily do business in another state, you may be better off forming your LLC there instead. See our how to start an LLC guide for more on choosing the right state.
When will the Mississippi franchise tax be eliminated?
Mississippi is phasing out its franchise tax over several years. For 2026, the rate is $0.50 per $1,000 of capital. The franchise tax will be fully repealed effective January 1, 2028, meaning businesses will no longer owe this tax starting in 2028.
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