No, but it is recommended to reserve a name prior to filing to ensure that it remains available during the incorporation process.
How do I reserve a corporate name?
The reservation of your corporate name will be handled by IncParadise and is included in the price of our service.
Do I have to renew my name registration?
No.
How do I incorporate in Georgia?
When using our service, IncParadise will file, on your behalf, the required administrative forms and articles of incorporation with the appropriate Georgia agency.
Is a registered agent required?
Yes. . The registered agent must be either: (1) an individual who resides in Georgia whose business office is identical with such registered office or (2) a corporation having a business office identical with the registered office. As part of our ongoing service, IncParadise does provide a registered agent service option that you can select during the online registration process.
How many Incorporators are required to form a corporation in Georgia?
One or more are required.
How many Directors are required to start a corporation in Georgia?
One or more as defined in the bylaws.
Are corporations in Georgia required to file an Annual Report?
Yes. A report must be filed every year between January 1 and April 1, or on another date that the Secretary of State may specify. The first report must be filed within this period in the year following the calendar year of incorporation.
Georgia ranks 3rd for Best State to Do Business (Site Selection, 2005)
Georgia ranks 11th in the U.S. for overall number of high-tech workers and 17th for average high-tech wage. (“A State-by-State Overview of the High-Technology Industry”, Cyberstates 2005)
Atlanta ranks 5th for Best Metros to Do Business (Forbes, 2004)
Cost of Living Index
For Atlanta, GA (2005):
Index Score
Composite:
97.3
Housing:
99.1
Utilities:
97.7
Misc. Goods & Services:
97.3
Crime Rate
Georgia has the 38th lowest crime ranking among U.S. States. (FBI, 2004)
Fees & Taxes
Business Inventory Tax Inventory is generally taxable, unless locality allows exemption.
Corporate Income Tax Corporate income tax is a non-graduated percentage based on a corporation’s federal taxable net income. Corporations that own property or do business in Georgia are subject to corporate income tax. The rate of taxation is 6% of a corporation’s taxable net income attributable to business done in Georgia.
Certain corporations also pay a net worth tax. This tax is based on the net worth of a corporation and is levied in exchange for the privilege of doing business or exercising a corporate franchise in Georgia. The minimum tax is $10 for a net worth less than $10,001. The maximum is $5,000 for a net worth in excess of $22 million.
Personal Income Tax Georgia’s personal income tax system consists of six separate brackets with a top rate of 6% starting at an income level of $7,000.
Personal Property Tax Taxable. Georgia is one of the 38 states that collect property taxes at both the state and local levels. Georgia does not tax intangible property such as stocks, bank accounts or certificates of deposit.
State Sales and Use Tax Base Rate: 4%
Machinery Rate: None
An exemption is given for machinery and components which are used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery.
Unemployment Insurance Georgia’s new employers’ rate is 2.7% for 3 years.
Are you wondering if incorporating in Georgia is the right business decision? According to a survey by Development Counselors International (DCI); the business climate of Georgia ranks 3rd in the nation. The survey also ranked the state No. 1 in having the best state economic development organization. Georgia has a workforce of over 6.3 million that existing and newly formed business entities can leverage. , As if this were not enough, businesses can also access global markets through seamless sea, air, rail, and road networks including the fastest growing container seaport at Port of Savannah.
Why Choose Georgia for Incorporation?
Why is company incorporation in Georgia amongst the highest in the nation? There are several advantages and benefits that business entities can derive in the state, which makes incorporation a profitable proposition.
According to reports by U.S Small Business Administration (SBA), the number of small businesses has increased in industries including Wholesale Trade, Manufacturing, Professional, Scientific, and Technical Services, Accommodation and Food Services, Educational Services, Arts, Entertainment, and Recreation, and Construction among others. Here’s a Year over year (YOY) data for small businesses in Georgia:
2017 – Number of Small Businesses: 1 million – Employment Created: 73,251 – Trade: 12,667
2016 – Number of Small Businesses: 1 million – Employment Created: 41,287 – Trade: 88.5%
2015 – Number of Small Businesses: 982,112 – Employment Created: 38,868 – Trade: 88.8%
Now let’s take a look at some of the salient benefits that are responsible for fueling growth of small businesses:
Georgia Opportunity Zones
If you set up a company in Georgia especially in the enterprise zones as mentioned in the Enterprise Zone Employment Act then the business entity will be able to benefit from:
Tax exemption on local property under section 36-88-8(a)(1) of the Act
Reduction or abatement in occupation taxes, building inspection fees, etc., pursuant to OCGA §36-88-9(a)
You can check the list of cities with enterprise zones by clicking here.
Business Incentives
One of the advantages of incorporation in Georgia is the fact that your business entity can leverage a multitude of business incentives being offered by the Georgia Department of Economic Development. Some of the popular programs include:
Corporate Tax Credits: When you set up a company in Georgia, you can benefit from a range of corporate tax credits, which are aimed at enabling business entities to minimize or even completely eliminate the state based corporate income tax.
Work Opportunity Tax Credit Program (WOTC): The WOTC program is a federal tax credit incentive that is being facilitated in the state through the Georgia Department of Labor (GDOL). A business entity can get a tax credit between $1,200 and $9,000 per qualified employee recruited.
How do you incorporate in Georgia?
Now that you have decided to set up a company in Georgia, how does the process of incorporation work? What forms and other documentation are required and where do you submit them? These are some of the common questions that you will be confronted with if you are new to the state. Let’s look at the process of incorporation in Georgia:
Business Type
You can form different types of businesses in Georgia and these include Limited Liability Company (LLC), Profit and Non-Profit Corporation, Sole Proprietorship, General Partnership (GP), and Limited Partnership (LP). The first step towards incorporation in Georgia is choosing the type of business you want to form. Business corporations can be classified under domestic and foreign corporations. Know more
Business Entity Name
What is the next step towards company incorporation in Georgia? The next step is to identify and reserve a name and this is done as follows:
Naming Requirements: According to O.C.G.A. 14-2-401 (2010), a corporate name should contain the words “incorporated,” “corporation,” or abbreviations like “inc.,” “corp.,” etc.
Business name search: You need to search for a business name that is not in use currently. You can conduct name search here.
Name Reservation: Once you have identified business entity name, you can reserve the name with the Secretary of State pursuant to O.C.G.A. 14-2-402 (2010). Name reservations are valid for 30 days or until the business entity files the Articles of Incorporation.
Choose a Registered Agent
According to O.C.G.A. 14-2-501 (2010), a Corporation in the state of Georgia needs to maintain a registered agent. We are one of the respected registered agents in Georgia and will be responsible for initiating incorporation in Georgia by processing of your “Articles of Incorporation” for domestic corporations and “Certificate of Authority” for foreign corporations.
Articles of Incorporation and Certificate of Authority
You will be required to submit “Articles of Incorporation” if your business is a domestic corporation and a “Certificate of Authority” if it is a foreign business entity pursuant to Official Code of Georgia Annotated (O.C.G.A.) 14-2-202 (2010). In order to streamline the process of incorporation in Georgia, we can file documents on your behalf through the online process or through expedited process.
Date Stamped Copies
As a part of the process of company incorporation in Georgia, we will ensure, you receive date-stamped and filed copies that verifies the state has filed as well as formed your corporation.
Costs and Fees associated with Georgia Incorporation
What would it cost to set up company in Georgia? Check Fees here!
Georgia LLC and Corporation Registration and Formation
Why is Georgia considered to be a smart destination for small businesses? This is because the state of Georgia provides several small business incentives including tax relief to funds and loan guarantees. These incentives are some of the drivers that help to form a Georgia business with ease and flexibility. A report by the Kauffman Index of Entrepreneurial Activity has revealed that Georgia is ranked second in the nation when it comes to increase in entrepreneurial activity especially in the last decade.
We are one of the top Georgia registered agents and are familiar with all processes pertaining to the Georgia State and can provide information and assistance for a successful set up of your business!
LLC company formation in Georgia is governed by O.C.G.A. (Official Code of Georgia Annotated), 14-11-203 (2010). The procedure for registration and formation of LLC is as follows:
Step#1: Hire a registered agent
According to O.C.G.A. (Official Code of Georgia Annotated), 14-11-209 (2010), an LLC will be required to continuously maintain a registered agent in the state. If you are planning to form a Georgia business, a registered agent will be required irrespective of whether your business is a domestic or a foreign business entity. We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Georgia.
We are in compliance with all regulations in the State of Georgia.
Step#2: Name Registration
One of the important aspects of an LLC company formation in Georgia is naming your business entity. Once you have found an appropriate name, you will have to reserve it or register it with the Secretary of State pursuant to O.C.G.A. 14-2-402 (2010). How do you reserve business entity name? You can file the “Name Reservation Request” form online or by submitting it at the Secretary of State, Corporation Division office. Business names can be reserved for a period of 30 days.
Step#3: Articles of Organization and Certificate of Authority
If you are planning to form a Georgia business LLC then the most important step is to prepare and file the right registration or business formation documents. According to 2010 Georgia Code, O.C.G.A. (Official Code of Georgia Annotated) 14-11-203 and 204, you can register a domestic LLC by filing “Articles of Organization” with the Secretary of State. You can also form a foreign LLC by filing the Application for “Certificate of Authority”.
We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the LLC registration.
In case, you have any questions regarding how to form a Georgia business, feel free to call us at 702-871-8678.
Georgia Corporation Registration and Formation
How do you form a corporation in Georgia? There is an entire process through which you will be able to incorporate your business in the state. The process is as follows::
Step#1: Maintain a Registered Agent
According to GA Code § 14-2-501 (2016), a corporation, whether domestic or foreign, will have to continuously maintain a registered agent and the agent will be responsible for service of process, or notice, to be served on the corporation in compliance with GA Code § 14-2-504 (2016). We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in Georgia.
We are in compliance with all regulations in the State of Georgia and will assist you to form a corporation in Georgia.
Step#2: Name Registration
The next most crucial step in the process towards company formation in Georgia is identifying and reserving or registering the name of the business entity. Naming requirements are governed by GA Code § 14-2-401 (2016) to § 14-2-403 (2016) and you can reserve a name for a period of 30 days or until the filing of articles of incorporation. You will be required to file the “Name Reservation Request” form online or by submitting it at the Secretary of State, Corporation Division office.
Step#3: Articles of Incorporation and Certificate of Authority
Business entity incorporation for foreign and domestic entities is different. If you are planning to form a Georgia business corporation that qualifies as domestic then you will be required to submit “Articles of Incorporation”. If you are planning to incorporate a foreign entity then you will be required to file a “Certificate of Authority” pursuant to Official Code of Georgia Annotated (O.C.G.A.) 14-2-202 (2010).
We can help to streamline the process of company formation in Georgia by filing documents on your behalf through the online process or through an expedited process.
If you have any questions regarding Georgia Incorporation or LLC formation, you can simply visit the Georgia Business formation page.
Some of the top industries for entrepreneurs in the USA include Retail Trade, Construction, Health Care, Social Assistance, Educational Services, Finance, Insurance, and even information technology. The question is, after you have identified the type of industry why would you register a new company in Georgia?
Georgia is considered one of the top states in the nation when it comes to providing business incentives. Small businesses especially startup companies in Georgia will be able to take advantage of several benefits from tax relief to tax credits, and even financing options.
Advantages for New Businesses – LLC or Corporation?
As one of the top registered agents in the state, we can help you to register a new business in Georgia as this will ensure you are able to leverage all types of business gains and state provided incentives and grants. Let’s take a quick look at why Georgia is considered one of the best places for establishing a business:
Advantage#1: Salient benefits of Corporation or LLC formation
Corporation
Independent Life: One of the salient advantages of an S Corporation in Georgia is that it enjoys an independent life. This simply means that the business entity will continue operations undisturbed even if it faced the death of one of its stockholders or incapacitation of one or more stockholders.
ROI not taxed: If you register a new business in Georgia, then earnings through return on investment (ROI) including rental payment, interest etc will not be subject to self-employment tax provided the employees or stockholders receive compensation for labor or for managing the business.
Corporate Tax Credit Incentives: The state of Georgia provides new businesses with several tax credit incentives that are intended to help businesses to minimize or eliminate state corporate income.
LLC
Flow through Taxation: When you register a new company in Georgia, an LLC can benefit from the process of flow through taxation that will ensure there are no double taxations.
Limited Liability: As an owner of a Georgia LLC, you will be able to enjoy limited liability protection quite similar to what a corporation enjoys.
No Minutes of meetings: Unlike a corporation, an LLC startup company in Georgia will not be required to maintain any minutes of the meetings or resolutions.
Flexible Profit Distribution: A startup company in Georgia LLC has the benefit of being able to select different ways of distribution of profits
Advantage#2: Benefit Programs for Businesses
What happens when you register a new company in Georgia? Once you have set up your small business in the state of Georgia, you or your business entity will be able to benefit from several state based incentives that aid in the overall growth of your business. There are several business benefit programs to choose from but let’s take a look at some of the most beneficial ones:
Georgia Enterprise Zones: The General Assembly enacted the Enterprise Zone Employment Act in 1997 and if a startup company in Georgia is established in such a zone then it will be able to enjoy several business incentives. Such a business entity will also benefit from local property tax exemption in accordance to section 36-88-8(a)(1) of the act. A business entity situated in the enterprise zone will also benefit from reduction in occupation taxes, building inspection fees, regulatory fees, and other fee as per OCGA §36-88-9(a). List of Enterprise Zones
Georgia Business Tax Credits: There is a variety of job and business tax credits that you can benefit from once you register a new business in Georgia. These credits provide businesses with savings and also ensure proper expansion. Let’s take a look at some of the popular business credits:
Job Tax Credit: This is a type of credit that will help a startup company in Georgia to fuel growth of business through job creation. A job credit can provide a savings of $1,750 per job when it comes to annual tax savings and is dependent on where your business is situated. You can also carry forward the credit for a period of 10 years if it has not been used.
Mega Project Tax Credit: After you register a new company in Georgia, this credit will be at your disposal especially if you employ a minimum of 1,800 new employees. This is also valid for businesses that make a minimum investment of $450 million in Georgia.
Work Opportunity Tax Credit (WOTC): This type of tax credit is being administered by Georgia’s Department of Labor and is provided to business entities that hire individuals facing barriers in getting employment. The tax credit can range from $1,200 to $9,600 per qualified employee.
Apart from the above mentioned programs, there are several other programs that businesses can benefit from including Optional Investment Tax Credit, Property Tax Abatement, Entrepreneurial and Small Business Development Loan Guarantee Program, and Tax Exemption programs among others.
Are there any Disadvantages of Incorporating in Georgia?
If you establish a startup company in Georgia then you will be able to benefit from tax credits, loans, abatements, and much more. You will also be able to recruit some of the most talented employers in the country. The important question is: are there any disadvantages? The disadvantages are very few and almost inconsequential for instance, the fact that you have to pay a higher fee and the time taken to process incorporation is also longer, compared to other forms of organization. The fact is that these are small disadvantages compared to the several benefits that can steer ahead your business towards substantial growth.
Have you considered applying for a business license in Georgia? Well, if you are thinking of setting up an LLC or Corporation in the state of Georgia, then you will require what is known as an operating license. In some states, it is also known as an occupational license and it will ensure you are able to operate your business successfully.
It is important to understand that the Professional Licensing Boards Division serves as administrative support to 41 different licensing boards and these licensing boards are responsible for issuing licenses depending on the type of business. You can apply for a Georgia company license online or download application forms pertaining to your type of business.
Georgia Business License Requirements
What are the requirements for obtaining a business license in Georgia? Are permits required for my business entity? Does the business entity require a single license or multiple licenses? Who is the issuing authority for these licenses? These are some of the important questions that you might be confronted with and hence, we have created a guide that will help answer some of these questions.
There are two steps towards acquiring a business license in the state of Georgia and they are:
The Industry and Business Operation
Which industry is your business entity a part of? This is an extremely important question that you need to identify as this will help you apply for the correct business license. Along with this, you need to be clear about what your business entity is offering. Let’s look at an example to understand this well.
Industry Type: Food Business
You have to identify whether it will be a Food Service or Food Sales business.
Food service businesses include restaurants, cafe, catering, pubs, mobile food Service, etc.
Food sales establishment include home, mobile kitchen, retail store, or even a shared kitchen
Business Type for Licensing
A business license is required if you are planning to set up a food sales establishment. If you set up a restaurant or a catering business, you will require a business license or a permit depending on the type of restaurant; for instance if it will include alcoholic beverages or not.
Who issues the License
Who is responsible for the issuance of Georgia company license? What is the annual fee? Do I need to renew it? These are some of the important questions because not one organization or government body issues them. Depending on the type of business, the license would be issued by the governing authority. It is also important to consider the fact that for some businesses, only permits are required and in some cases, both business license and permits are required. Let’s look at the Food Business example to clearly understand this.
Industry Type: Food Business
If you set up a food sales establishment then it will be regulated by Georgia Food Act. A business license in Georgia for food sales establishment is issued by the office of Commissioner of Agriculture, Georgia Department of Agriculture (GDA). You will be required to pay an annual licensing fee and this depends purely on the risk category of your establishment or the products being sold. The fee ranges from $100 to $300. The license renewal takes place annually on July 1.
On the other hand, if you are planning to set up a food service establishment like a restaurant or a bar then the license would be issued by different authorities. If you are setting up a restaurant then you will require a business license also known as an “occupational tax registration certificate”. This certificate is issued by Georgia Department of Revenue. If you allow “Consumption on Premises” for alcoholic beverages, then the State of Georgia Consumption on Premise License application has to be filed with Georgia Tax Center. The license fee can vary from $100 to $1,000 depending on what is being served in the food service establishment. The license renewal takes place annually on July 1.
Once, you have identified the type of business, all you have to do is download the correct business license application and file it online.
702-871-8678
