This content is for informational purposes only. It is not legal advice. Consult legal counsel for information specific to your circumstances. Shopify isn’t liable to you for your use of or reliance on this information. To sell products using the Shopify platform, you must comply with the laws of the jurisdiction of your business and your customers, the Shopify Terms of Service, the Shopify Acceptable Use Policy, and any other applicable policies.
Starting a New Jersey LLC follows a straightforward 12-step process that includes: choosing your business name, appointing a registered agent, filing a Certificate of Formation with the state, getting an employer identification number (EIN), and registering for state taxes.
New Jersey is home to 1.1 million small businesses, which make up 99.7% of all businesses in the state. Structuring your own small business as an LLC from the beginning gives you liability protection and flexible tax options, without the paperwork that comes with forming a corporation.
This guide covers what exactly an LLC is, whether it’s the right structure for your business, and the 12 steps to starting your own New Jersey LLC.
What is an LLC?
A limited liability company (LLC) is a business entity that separates a company’s debts and liabilities from its owner’s personal finances. It’s one of a few different types of business structures owners can choose between, alongside options like a sole proprietorship, a partnership, or a corporation.
The main benefit of forming a New Jersey LLC is its separation from the owner or owners (LLCs can be formed by multiple people, or members). The owner isn’t personally responsible for company debt or liability if the business is sued or faces an unpaid debt. This means assets like a home or car stay out of reach of business creditors.
Is a New Jersey LLC right for you?
Business owners can change their business structure later, so you’re not making a permanent or irreversible decision at the very start of your venture. But starting with the right structure can save you a lot of time and paperwork later.
These two questions can help narrow down whether an LLC is the right fit:
- Do your personal assets need protection? Liability protection is the biggest advantage of an LLC. If a court rules against your business, you don’t want your personal assets, like your home or car, to be used to satisfy the judgment.
- How much flexibility do you want over taxes? LLC owners can choose to be taxed like a sole proprietor, a partnership, or a corporation, and can deduct eligible startup costs such as marketing and travel.
How to start a New Jersey LLC
New Jersey’s LLC formation process runs through the Department of the Treasury’s Division of Revenue and Enterprise Services (DORES). The 12 steps below cover everything from choosing your business idea to marketing your newly formed business.
1. Choose an idea and create a business plan
If you’re looking into how to get your New Jersey LLC started, you probably already have at least one business idea in mind. But before you get into all the paperwork, it’s worth distinguishing between a passion—like making artisanal ice cream or fixing friends’ computers—and a viable business concept.
Developing a business idea needs a healthy dose of both enthusiasm and pragmatism, and a written business plan is the fastest way to determine if your idea makes sense as an actual business.
Your business plan doesn’t need to be long and drawn out. It should cover the basics of your idea, while remaining concise enough for an investor or bank loan officer to read through quickly.
You’ll want to address items like:
- Summary of your business: A brief statement describing the business.
- Your business structure: A section identifying an LLC as your chosen structure.
- Description: Share details of your offering; for example, is it physical or virtual, or are you selling products or services?
- Market analysis: Why the products or services are needed, and who will buy them.
- Sales plan: How your business will sell its goods or services, and the marketing strategy behind it.
- Operations plan: Staffing, fulfillment, and other day-to-day logistics.
- Financial outlook: Recent financial history, launch funding, and financial projections.
Business plan templates can help clarify what exactly you need to put in each section.
2. Name your New Jersey LLC
New Jersey law requires an LLC’s name to be distinguishable from every other active business entity on file with the state, and the name must include “LLC,” “L.L.C.,” or “Limited Liability Company.” “Limited” can be abbreviated “Ltd.” and “Company” can be abbreviated “Co.” A name like “A Penchant For Peppers, LLC” meets both requirements.
Use the state’s Business Name Search tool to check the availability of your potential name against every registered entity in New Jersey. Keep in mind that spacing and punctuation matter, so be sure to search the name exactly as you’d want it to appear on your Certificate of Formation. If nothing shows up, the name is available to register.
If you’re not quite ready to file, but you want to make sure no one steals your name idea, you can reserve it for 120 days (for a $50 fee) through the same state portal. This will protect your business name while your formation paperwork, funding, and business plan all come together. Once the Certificate of Formation is filed, your business name is automatically secured, so a reservation is only necessary if you need a bit more time.
If you want to operate under a different public-facing name (for example, a founder may form “JS Holdings, LLC,” but sell under “Garden State Candle Co.”), you can file for an alternate name registration, also known as a DBA (or “doing business as”). This is also filed through DORES, and there’s a $50 fee to do so.
One last thing you’ll want to check before you finalize your business name with a Certificate of Formation is whether a matching domain name is available. If you’re considering building a Shopify website, you can buy your domain while you set up your new online store. This connects the domain to the store automatically and skips a separate DNS setup step you’d have to take with a third-party domain registrar.
3. Choose a registered agent in New Jersey
Every New Jersey LLC must maintain a registered agent. This is a person or business with a physical New Jersey street address (no PO boxes allowed) who can accept legal mail on behalf of your business. You can serve as your own registered agent if you have a New Jersey street address, or you can appoint another individual or a registered agent service.
Using a personal or home address as your registered agent makes that address part of the public record. If you want to keep your home address private, you can hire a registered agent service to list its own address instead and forward any legal or state mail directly to you. Registered agent services in New Jersey cost $100 to $300 a year.
4. Obtain your New Jersey Certificate of Formation
The next step is filing the required Certificate of Formation to register your LLC. The filing requires your LLC’s exact name and designator (how you want to put LLC at the end of your business name), the street and mailing address of the registered office, the registered agent’s name, and the effective date of formation, among other details.
You can file online through the Division of Revenue and Enterprise Services’s (DORES) online Business Formation Service along with a $100 filing fee. Expedited processing is available for an added fee, ranging from $25 for same-day service to $1,000 for one-hour service.
Once approved, the Certificate of Formation lists a New Jersey Entity ID, a unique number assigned to the LLC that’s separate from its federal EIN. You’ll need this Entity ID for your tax and employer registration form, NJ-REG, which must be filed within 60 days of your Certificate of Formation’s approval date. If you’re planning to collect sales tax, you must submit the NJ-REG at least 15 days before making your first sale.
Note that if you’re currently running a business that was formed in another state or country, but you’re looking to open operations in New Jersey, you’ll need to file for a Certificate of Authorization instead of a Certificate of Formation before you can set up shop.
5. Get a federal employer identification number (EIN)
An EIN, also called a federal employer identification number (FEIN), identifies a business to the IRS the way a social security number (SSN) identifies an individual. Any New Jersey LLC that hires employees or is a multi-member LLC will need an EIN. Single-member LLCs can use their SSN instead, but may still choose to get an EIN. Applying for one is free through the IRS’s online EIN application.
Keep in mind that an EIN is different from New Jersey’s 10-digit Entity ID. In addition, a separate 12-digit New Jersey Taxpayer Identification Number will be generated from the NJ-REG and used for state tax filings like sales tax returns. All three numbers can show up on state paperwork, so it helps to keep them in one place.
An EIN is important for other parts of running a business, too. For example, opening a business bank account under your LLC’s name typically requires an EIN. It’s also a required field for activating Shopify Payments in the United States. Both single-member and multi-member LLCs must provide the business’s EIN during setup, while the account representative separately provides their own SSN or ITIN for identity verification.
6. Obtain business licenses and permits
New Jersey doesn’t have a single generic statewide business license that any business can apply for. Instead, most businesses need some combination of state, county, or municipal licenses and permits depending on their industry and location. New Jersey’s Business Licensing and Certification Guide lists out each profession alongside a quick button to start their application.
If your business wants to contract with a business or entity in the public sector—like a local government, public school, or university—or work with the casino service industry, you’ll also need to apply for a Business Registration Certificate (BRC). A BRC provides proof of registration and is required by any businesses in the public sector or the Casino Control Commission.
7. Understand New Jersey state tax requirements
A New Jersey LLC owner can choose to be taxed as a sole proprietorship, a partnership (if there is more than one business owner), or a corporation. If an LLC owner files as a sole proprietor, taxes are paid through their personal tax returns using Form 1040 and Schedule C.
When two or more LLC owners choose to get taxed as partners, the LLC files a 1065 and a K-1 to report each owner’s profits, which is then attached to the owners’ personal tax returns. New Jersey charges a filing fee of $150 per owner (up to $250,000 total) for partnerships with more than two owners that have New Jersey–sourced income.
If the LLC owners want to get taxed as a corporation, they can file taxes similar to how they would as a C corporation (C corp) or S corporation (S corp). With the exception of startups looking for venture capital, the C corp option is less popular when compared to an S corp because it requires business owners to face double taxation and a New Jersey corporate tax. New Jersey requires LLC owners filing as an S corp to pay $375 a year and file a CBT-2553.
New Jersey’s sales tax rate is a flat 6.625% statewide, with no additional local sales tax required. A business registered to collect sales tax must file a New Jersey Sales and Use Tax Quarterly Return with Form ST-50 every three months even if no tax was collected during that time period.
Shopify Tax can help your business calculate and collect sales tax at checkout, making tracking your New Jersey sales tax and filing your quarterly return a much smoother process. And if you’re operating in multiple states with multiple filing deadlines, Shopify Tax can make the entire process much more manageable.
8. Create an operating agreement
While New Jersey doesn’t require an LLC to file an operating agreement with the state, it can still be worth writing one, especially if you have more than one member. It’s an internal document that lays out details like how the business operates, management structure, and each member’s ownership percentages.
Without an operating agreement, your LLC will be governed by the default New Jersey Revised Uniform Limited Liability Company Act (RULLCA), which may not reflect how you want to run your business.
A written operating agreement should cover:
- LLC name and address
- Owners’ names
- Registered agent name and address
- Management structure, including whether the LLC is member-managed or manager-managed
- Ownership percentages
- Member voting rights
- Compensation structures
- Company rules, including how profits and losses are handled
An operating agreement can also help open a business account (banks use this to verify who owns the LLC) or establish your LLC’s status in a dispute, even though it isn’t formally filed with the state.
9. File your New Jersey annual report
Every New Jersey LLC must file an annual report with the Division of Revenue and Enterprise Services to stay in active status and good standing. The report confirms or updates the LLC’s registered agent, principal address, and the names and addresses of its members.
This report is due each year by the last day of the LLC’s anniversary month, or the month the Certificate of Formation was originally approved. You can begin filing up to 30 days before the deadline, and there’s no option to file by mail. There’s a $75 filing fee, plus a small processing fee depending on your payment method.
File through the state’s online annual report portal using your LLC’s Entity ID, business type (NJ LLC), and formation date. New Jersey doesn’t charge a late fee for a missed report, but missing two consecutive annual reports will lead to your LLC being revoked. Reinstating it means filing (and paying for) each past-due report, paying a $75 reinstatement fee, and obtaining a tax clearance certificate.
10. Examine NJ business insurance options
Insurance needs vary by business. If your business is operating out of a physical space, you might need fire insurance, while a business that uses vehicles to get from place to place needs auto coverage.
Some coverage types worth considering are:
- Liability insurance. This coverage helps protect a business against lawsuits, and a small business might pay $300 to $5,000 a year for coverage depending on the policy and provider.
- Workers’ compensation insurance. New Jersey requires this coverage for any LLC with even one employee who isn’t an owner or member, whether that employee works full time, part time, or seasonally.
- Employer’s liability insurance. This covers a business if an employee sues over a work-related injury or illness, and is also required once an LLC has employees.
- Health insurance. This coverage is optional for New Jersey businesses.
- Auto insurance. Also optional, but a good idea if the business requires driving.
Failing to get workers’ compensation coverage can have significant consequences, even without someone incurring a work-related injury. The law states that not having adequate coverage is a disorderly persons offense, and a willful failure is a crime in the fourth degree. Civil penalties can reach $5,000 for the first 10 days without coverage and another $5,000 for each additional 10-day period.
11. Understand financial considerations
Few business owners have enough savings on hand to cover every early-stage cost before their business turns a profit. Most end up needing some sort of outside capital to help them get from the startup stage to a stable revenue stream.
In 2023, reporting banks issued $2.7 billion in loans to New Jersey businesses with revenues of $1 million or less. Different ways to get capital include a bank loan, a loan through a community development financial institution (CDFI), New Jersey state grants, crowdfunding, or funds from friends and family.
Once you’ve secured funding or started bringing in consistent revenue, keeping business funds separate from personal accounts makes bookkeeping and taxes easier. Shopify Balance gives you a business account for managing payouts, paying bills, and tracking spending right from your Shopify admin.
12. Market your LLC
Now that your LLC is up and running, it’s time to start generating business, and one way to do so is through marketing. Create a marketing plan that covers who your target customer is, how to reach them, and how to keep them coming back.
You’ll also want to design a visual brand identity with a logo and a consistent overall look for your website, social media profiles, and packaging to grab customer attention and start building a strong brand.
Read more
- Order-to-Cash Process- A Step-by-Step Guide
- Accounts receivable- The Small Business Owner’s Guide to AR
- What Is an Intangible Asset? Definition and Type
- Shipping Shopping- 8 Types of Shipping and What They Mean for Your Business
- What Is Accounts Payable? How the AP Process Works
- Shopify Shipping vs. ShipStation- Which Is Right for You?
- 6 Popular Payment Processing Companies for Small Businesses
- How to Start a Business in North Carolina in 8 Simple Steps
New Jersey LLC FAQ
How do you obtain an LLC in NJ?
Choose an available business name, appoint a registered agent with a New Jersey street address, and file a Certificate of Formation online with the Division of Revenue and Enterprise Services for a $100 fee. Once that’s approved, file the NJ-REG tax registration within 60 days and apply for a federal EIN through the IRS.
How quickly can you get an LLC in NJ?
Online Certificate of Formation filings are processed within a few business days in most cases. However, you can pay for expedited service. Costs range from $25 for same-day processing to up to $1,000 for one-hour, over-the-counter service.
How much does it cost to start an LLC in NJ?
The Certificate of Formation costs $100 to file. There’s no fee for the NJ-REG tax registration or for a federal EIN. After formation, ongoing costs include a $75 annual report each year and, for owners who hire a registered agent service, $100 to $300 a year for that service.
Do you need a registered agent for your New Jersey LLC?
Yes, New Jersey requires every LLC to maintain a registered agent with a physical New Jersey street address. This can be you, as the LLC’s owner, another individual with a qualifying address, or a paid registered agent service.
How do state taxes work for a New Jersey LLC?
An LLC owner can choose to be taxed as a sole proprietor, a partnership, or a corporation, each with different state filing requirements. A business selling taxable goods or services also collects New Jersey’s flat 6.625% sales tax and files a quarterly ST-50 return, even in quarters with no sales.












