📋 Table of Contents
1 Business Entity Options for Atlanta Entrepreneurs
🏢 Limited Liability Company (LLC) Formation
Georgia LLCs provide personal asset protection while maintaining operational flexibility. The Georgia Secretary of State Corporations Division processes approximately 850,000 business formations annually.
Key LLC Benefits:
- • Limited personal liability for business debts
- • Pass-through taxation (no double taxation)
- • Minimal ongoing compliance requirements
- • Flexible management structure
🏛️ S Corporation Election
Georgia S Corporations combine corporate liability protection with pass-through taxation benefits. S Corp status is a federal tax election that Georgia automatically recognizes without additional state-level filing requirements.
Key S Corp Benefits:
- • Personal liability protection for shareholders
- • Potential self-employment tax savings through reasonable salary requirements
- • Easy ownership transfer through stock certificates
- • Enhanced credibility for business loans and investors
2 Step-by-Step LLC Formation Process
1 Georgia LLC Name Selection and Verification
Name Requirements for Georgia LLCs:
- • Must include "Limited Liability Company," "LLC," or "L.L.C."
- • Must be distinguishable from existing Georgia entities
- • Cannot use restricted words like "Bank," "Insurance," or "Trust" without proper licensing
Name Search Process:
1 Visit the Georgia Secretary of State business search
2 Search for your desired business name
3 Verify availability across similar spellings and abbreviations
4 Optional: Reserve name for $25 (valid for 120 days)
2 Appoint a Georgia Registered Agent
Georgia Registered Agent Requirements:
- • Must be a Georgia resident over 18 OR a business entity authorized in Georgia
- • Must maintain a physical Georgia address (no P.O. boxes)
- • Must be available during regular business hours (9 AM - 5 PM, Monday-Friday)
Registered Agent Options:
- • Self-appointment: Free but makes personal information public record
- • Professional service: $25-$100 annually, provides privacy protection
- • Attorney or business service: Often included with formation packages
Top Atlanta Registered Agent Services:
- • Northwest Registered Agent: $39/year
- • Georgia Registered Agent LLC: $25/year with Atlanta address
- • TRUE Space: $24/year with metro Atlanta location
3 File Articles of Organization with Georgia Secretary of State
Required Information for Articles of Organization:
- • LLC name and any alternative names
- • Registered agent name and Georgia address
- • Principal office address (can be outside Georgia)
- • Management structure (member-managed or manager-managed)
- • Duration of LLC (perpetual is standard)
Online Filing: Georgia Secretary of State Online Services
Fee: $100
Processing time: 7 days
Expedited options: $100 (2 days), $250 (same day)
Paper Filing:
Fee: $110
Processing time: 15 days
Mail to:
Office of Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower
Atlanta, Georgia 30334
Office of Secretary of State
Corporations Division
2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower
Atlanta, Georgia 30334
4 Create an LLC Operating Agreement
Georgia LLC Operating Agreement Benefits:
- • Establishes ownership percentages and profit distribution
- • Defines member voting rights and decision-making processes
- • Protects LLC status in legal disputes
- • Required by most banks for business account opening
Essential Operating Agreement Provisions:
- • Member contributions and ownership percentages
- • Management structure and authority
- • Profit and loss distribution methods
- • Buy-sell provisions for member exits
- • Dissolution procedures
5 Obtain Federal Employer Identification Number (EIN)
EIN Application Process:
1 Visit IRS EIN Application
2 Complete Form SS-4 online
3 Receive EIN immediately upon approval
4 Cost: Free directly through IRS
When EIN is Required:
- • LLCs with multiple members
- • LLCs with employees
- • LLCs electing corporate tax treatment
- • Opening business bank accounts
6 Register for Georgia State Taxes
Georgia Department of Revenue Registration:
- • Visit Georgia Tax Center
- • Register for Sales and Use Tax if applicable
- • Obtain Georgia State Tax ID number
- • Register for withholding taxes if hiring employees
Georgia LLC Annual Compliance Requirements:
- • Annual Registration: Due between January 1 - April 1
- • Fee: $50 + $10 service charge ($60 total)
- • Late penalty: $25 for filings after April 1
- • Consequences: Administrative dissolution for non-filing
3 Atlanta City Business License Requirements
Atlanta Business Occupational Tax Certificate
All businesses operating within Atlanta city limits must obtain an Occupational Tax Certificate through the ATLBIZ Portal.
Required Documents for Atlanta Business License:
- • Notarized SAVE Affidavit (Immigration verification)
- • Notarized E-Verify Affidavit
- • Copy of government-issued photo ID
- • Georgia Secretary of State Certificate of Organization
- • Federal Tax ID Number (EIN)
Atlanta Business License Fees:
Base administrative fee: $50
Additional fees based on gross receipts and number of employees
Employee fee: $25 each
For each employee beyond the first
Atlanta Business License Application Process:
1 Create account at ATLBIZ Portal
2 Complete Occupational Tax Certificate application
3 Upload required documents
4 Pay applicable fees online
5 Receive certificate electronically
Professional Licenses and Permits
Certain professions require additional licensing in Atlanta:
- • Medical and healthcare services
- • Cosmetology and barbering
- • Legal services
- • Accounting and financial services
- • Food service and alcohol sales
Contact Atlanta License Division:
📍 Address: 55 Trinity Ave SW, Atlanta, GA 30303
📞 Phone: Contact through 311 Atlanta
🕒 Hours: Monday-Friday, 8:15 AM - 5:00 PM
4 S Corporation Formation and Election Process
1 Form a Georgia Corporation
Before electing S Corporation status, you must first incorporate as a Georgia Corporation.
Articles of Incorporation Requirements:
- • Corporate name ending in "Corporation," "Corp.," "Incorporated," or "Inc."
- • Number of authorized shares (no par value required)
- • Registered agent name and Georgia address
- • Principal office address
- • Incorporator information
Georgia Corporation Filing:
Online fee: $100
Paper fee: $110
Processing time: 7-15 days
File at: Georgia Secretary of State Corporation Registration
2 Corporate Compliance Requirements
Initial Annual Registration:
- • Due: Within 90 days of incorporation
- • Fee: $50 + $10 service charge
- • Information required: Three principal officers (CEO, CFO, Secretary)
Georgia Corporation Publication Requirement:
- • Must publish notice of incorporation in local newspaper
- • Publication must occur within one business day of incorporation
- • Forward publication to newspaper in county of registered office
3 File IRS Form 2553 for S Corporation Election
S Corporation Election Timeline:
- • Deadline: Within 75 days of incorporation OR by March 15 for current tax year
- • Form: IRS Form 2553
- • Cost: No federal or Georgia state filing fee
S Corporation Eligibility Requirements:
- • Maximum 100 shareholders
- • Shareholders must be U.S. citizens or residents
- • Only one class of stock permitted
- • No corporate or partnership shareholders
Form 2553 Required Information:
- • Corporation name and EIN
- • Election effective date
- • Shareholder consent signatures
- • Tax year selection
- • Shareholder information and stock ownership
4 Georgia S Corporation Tax Obligations
Georgia recognizes federal S Corporation elections automatically. No separate state election is required.
Georgia S Corporation Tax Requirements:
- • Form 600S: Georgia S Corporation Income Tax Return
- • Due date: 15th day of 4th month after tax year end (April 15 for calendar year)
- • Estimated taxes: Required if owing $1,000+ annually
Nonresident Shareholder Requirements:
- • Form 600S-CA: Consent agreement for nonresident shareholders
- • Required for Georgia to recognize S election
- • Must be filed with first Georgia return
5 Post-Formation Action Items
Business Bank Account Opening
Required Documents for Atlanta Business Banking:
- • Georgia Secretary of State Certificate
- • Federal EIN Letter
- • Operating Agreement or Corporate Bylaws
- • Government-issued photo ID
- • Initial deposit (varies by institution)
Recommended Atlanta Business Banks:
- • Truist Bank: Strong Georgia presence, small business focus
- • Regions Bank: Comprehensive business services
- • Georgia's Own Credit Union: Local member-owned institution
- • SunTrust/Truist: Major Atlanta presence with business expertise
Business Insurance Requirements
Recommended Insurance Types for Atlanta Businesses:
- • General Liability Insurance: Protects against third-party claims
- • Professional Liability Insurance: Required for service-based businesses
- • Workers' Compensation: Mandatory for businesses with employees
- • Commercial Property Insurance: Protects business assets
Ongoing Compliance Calendar
LLC Compliance Schedule:
- • January 1 - April 1: File Georgia Annual Registration ($60)
- • April 15: File federal tax returns (Form 1065 for multi-member LLCs)
- • January 31: Provide K-1s to members
- • Ongoing: Maintain registered agent and registered office
S Corporation Compliance Schedule:
- • January 1 - April 1: File Georgia Annual Registration ($60)
- • March 15: File Form 1120S (federal S Corporation return)
- • April 15: File Form 600S (Georgia S Corporation return)
- • January 31: Provide K-1s to shareholders
- • Quarterly: Pay estimated taxes if required
6 Common Formation Mistakes to Avoid
❌ LLC Formation Pitfalls
-
Inadequate Operating Agreement:
Creates confusion about member rights and responsibilities
-
Mixing Personal and Business Finances:
Compromises liability protection
-
Failing to Maintain Registered Agent:
Leads to administrative dissolution
-
Missing Annual Registration Deadlines:
Results in $25 late fees and potential dissolution
⚠️ S Corporation Election Errors
-
Missing 75-Day Election Deadline:
Forces S election to begin in following tax year
-
Inadequate Shareholder Consent:
IRS may reject Form 2553
-
Failing to File Georgia Consent Agreements:
State may not recognize S election
-
Unreasonable Salary Payments:
Triggers IRS scrutiny and potential penalties
7 Professional Services and Resources
Legal and Accounting Support
When to Hire Professionals:
- • Complex ownership structures
- • Multiple business entities
- • Significant startup capital
- • Industry-specific licensing requirements
Professional Referrals:
Atlanta Business Attorney Referrals:
Georgia CPA Referrals:
Formation Service Providers
Professional Formation Services:
- • LegalZoom: Comprehensive formation packages starting at $79
- • ZenBusiness: Georgia LLC formation from $39
- • Northwest Registered Agent: $29 + state fees with free registered agent year
- • Incfile/BizFilings: Full-service business formation and compliance
Government Resources
Essential Georgia Business Resources:
Federal Resources:
8 Frequently Asked Questions
Can I form a business in Atlanta if I live outside Georgia?
Yes, but you must appoint a Georgia registered agent with a physical address in the state. Many out-of-state business owners use professional registered agent services.
What's the difference between an LLC and S Corporation for Atlanta businesses?
LLCs provide simpler compliance and management flexibility. S Corporations offer potential self-employment tax savings but require corporate formalities like board meetings and shareholder resolutions.
Do I need a business license to operate in Atlanta suburbs?
Each municipality has separate licensing requirements. Cities like Sandy Springs, Roswell, and Marietta have their own business license processes separate from Atlanta's requirements.
How long does business formation take in Atlanta?
Online LLC filings process within 7 business days with the Georgia Secretary of State. Adding Atlanta business license and EIN applications, complete formation typically takes 2-3 weeks.
Can I change my business structure later?
Yes, but it requires formal conversion filings and may have tax implications. Converting from LLC to S Corporation requires dissolving the LLC and forming a new corporation, then filing Form 2553.
Disclaimer: This guide provides general information about business formation in Atlanta, Georgia. Laws and regulations change frequently. Consult with qualified legal and accounting professionals for advice specific to your business situation.