State filing fees to start an LLC run from $35 in Montana to $500 in Massachusetts, based on our check of each state’s official filing office. That fee is the one cost you can’t dodge when you incorporate yourself. You can skip the lawyer, and you can skip the formation service.
Here’s the wording issue. Strictly speaking, “incorporate” means forming a corporation. But most people who search “incorporate yourself” just want a legal business entity that’s separate from them. Most solo owners choose a limited liability company (LLC) because the upkeep is simpler. A corporation can make sense for some, for example if you plan to raise investment or issue stock.
“For free” here means no lawyer and no service fee. You file directly with your state and pay its fee. It doesn’t mean a total cost of $0.
For the full cost walkthrough, see our broader guide, How to Incorporate Your Business for Free in 2026.
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Last updated: October 14, 2026
Key Takeaways
- Every state charges a filing fee, so $0 total isn’t possible. “Free” means no lawyer and no service fee.
- The EIN is free from the IRS. Operating agreements and bylaws are yours to write.
- One person can own an LLC or a corporation. Most solo owners pick an LLC, but neither is always better.
- After you file, the real work is keeping business and personal money separate.
What Incorporating Yourself Really Costs
| Item | Cost |
|---|---|
| State filing fee (LLC) | $35 (Montana) to $500 (Massachusetts) |
| State filing fee (corporation) | Check your state’s filing office; we don’t quote corporation fees here |
| EIN (federal tax ID) | $0 from the IRS |
| Operating agreement or bylaws | $0 if you write them yourself |
| Registered agent | $0 if you serve as your own |
| Formation service | Optional |
Fees change, so confirm the current amount on your state’s official site before you file. Our LLC filing fees by state map lists every state with a link to its source.
The EIN costs nothing. As the IRS puts it on its EIN page, “You never have to pay a fee for an EIN.” If a site asks you to pay for one, you’re paying a middleman, not the IRS.
Most states also have an annual or biennial report. Some are free and some aren’t. Your state’s guide will tell you which applies.
LLC or Corporation When It’s Just You
Both can be owned by one person. Here’s how they compare in practice.
| One-member LLC | Corporation | |
|---|---|---|
| Owners | One “member” (the LLC’s owner) | One “shareholder” (the owner of the stock) |
| Governing document | Operating agreement | Bylaws |
| Ongoing formalities | Generally lighter; check your state | Board decisions and meeting records, kept in writing |
| Default federal income tax | Disregarded entity: income goes on your own return | Taxed as a separate corporation unless S corporation status is elected |
| S corporation election | Possible | Possible |
| Often chosen by | Freelancers, consultants, creators | Owners planning investors or stock |
Here’s what the IRS says. Per its single-member LLC page, a one-member LLC is treated as “an entity disregarded as separate from its owner” for income tax, unless it files Form 8832 and elects to be treated as a corporation.
The same page says an individual owner running a trade or business pays self-employment tax the same way a sole proprietor does. Your activity generally goes on your personal Form 1040, such as on Schedule C. For employment tax and certain excise taxes, the IRS says a one-member LLC is still a separate entity.
S corporation status is a tax election, not a different kind of company. The IRS says a corporation must submit Form 2553, signed by all the shareholders. An LLC can also elect it. We explain when that pays off, and what a reasonable salary means, in our guide to single-member LLC taxes and the S corp election.
Neither structure wins every time. Not sure which fits you? Our business structure quiz can help narrow it down.
Being Every Role Yourself
A corporation sounds like it needs a crowd of directors and officers. It doesn’t have to. The rule depends on your state, and Delaware is one example.
Under Delaware Code Title 8, §141(b), the board “shall consist of 1 or more members.” Under §142(a), “Any number of offices may be held by the same person” unless the certificate of incorporation or bylaws say otherwise.
That’s Delaware’s rule. Check your own state’s corporation law before you assume the same applies.
Step by Step: How to Incorporate Yourself
These nine steps cover an LLC or a corporation. Where they split, we’ll say so.
Step 1: Choose Your State
For most solo founders, this is the state where you live and work. Fees vary, so look at the state fee table before you commit.
The fee gap between states is real: Kentucky charges $40 to form an LLC, while Texas and Tennessee charge $300. Forming in another state doesn’t get you out of your home state’s rules, though: if you live and work there, it can require you to register there too. Ask your home state’s filing office what you’d owe before you form elsewhere.
Step 2: Pick a Name and Check It
Search your state’s business name database on the Secretary of State website, or the equivalent filing office. Names generally must be distinguishable from others on file, and most states require an ending such as “LLC” or “Inc.” Naming rules vary, so read your state’s.
Step 3: Decide Who Your Registered Agent Will Be
A registered agent receives legal papers and official state mail for your business. Every LLC and corporation needs one with a physical address in the state of formation.
You can name yourself, or someone you trust, if you meet your state’s requirements. Or you can pay a service. If you’re rarely at your address or want a different one on file, a paid agent may suit you better.
Step 4: File the Formation Document With the State
File directly on your state’s official website. The document goes by different names:
- LLC: Articles of Organization or Certificate of Formation, depending on the state.
- Corporation: Articles of Incorporation (some states say Certificate of Incorporation).
Most states ask for your business name, your registered agent’s name and address, and basic details about the owner or manager. A manager is someone appointed to run an LLC day to day, and that can be you. Pay the state fee at filing. For corporation fees, check your state’s filing office or our state guide.
Processing times change, so we don’t quote them. Your state’s website has the current numbers.
Step 5: Write Your Operating Agreement or Bylaws
An operating agreement sets out how an LLC is owned and run. Bylaws do the same job for a corporation. You can write either yourself.
A one-person operating agreement should cover:
- Your name as the sole member.
- Whether you’re the manager or the LLC is run by its member.
- How profits are taken out.
- What happens if you can no longer run the business.
Forming a corporation adds two jobs:
- Issue your shares to yourself and record that in writing.
- Document your first board decisions, such as adopting the bylaws and appointing yourself as an officer.
Step 6: Get Your Free EIN
An EIN (employer identification number) is your business’s federal tax ID. The IRS says to form your LLC or corporation with the state first, then apply through its online application. It’s free. Banks commonly ask for one when you open a business account.
Step 7: Open a Business Bank Account
Banks typically want your formation document, EIN letter, and operating agreement or bylaws. Ask your bank for its exact list. Our roundup of the best business bank accounts for an LLC shows what to compare. One option to look at is Novo, an online business account. Check its current terms yourself before applying.
Step 8: Plan How You’ll Pay Yourself and Handle Taxes
By default, a one-member LLC owner pays self-employment tax on net earnings, as the IRS describes above. A corporation follows different rules. Decide early how you’ll move money out of the business, and set money aside for taxes. A tax professional can help you choose.
Step 9: Calendar Your State’s Report Deadline
Most states require an annual or biennial report, and some charge for it. Look up your state’s deadline on its filing office site and put it on your calendar today.
Your filing office’s site explains what happens if a report is late.
What Changes After You Incorporate Yourself
Filing is the easy part. These habits keep the business separate from you.
- Sign in the company’s name. On contracts and invoices, use your business name and add your title, such as “Member” or “President.”
- Keep money separate. Pay business expenses from the business account. Don’t mix in personal spending.
- Pay yourself the right way. In a default one-member LLC, you take owner’s draws. If you elect S corporation status, you’d pay yourself a salary. Our S corp article explains how that works.
- Keep records. Save formation documents, your EIN letter, agreements, and any written decisions in one folder.
Limited liability protection depends on keeping the business separate from you. A lawyer can advise on how that applies in your situation.
When Paying for Help Makes Sense
Doing it yourself works for most simple setups. Paying can make sense in a few cases.
- A formation service can save time on paperwork or handle the registered agent. Bizee, for example, had a Basic plan at $0 plus the state fee when we checked on October 11, 2026. Standard was $199 and Premium $299, and registered agent service was free for the first year. Compare more options in our best LLC formation services guide.
- A lawyer makes sense if you have co-owners, plan to take on investors, or have an unusual situation.
FAQ
Can I incorporate myself without a lawyer?
Yes. You file directly with your state’s filing office, usually through its website. The state fee is the one cost you can’t avoid.
Can one person be a corporation?
It depends on your state. In Delaware, the board can be one person and one person can hold every office, per Title 8 §§141(b) and 142(a). Check your own state’s corporation law.
Can I be my own registered agent?
Often yes, if you meet your state’s requirements. You need a physical address in the state where you form the business. Confirm the details with your filing office.
Do I need an EIN for a single-member LLC?
Not always. The IRS says a single-member LLC that’s a disregarded entity with no employees and no excise tax liability doesn’t need an EIN; it needs one if it has employees or files certain excise tax forms. Many owners get one anyway: it’s free, and banks commonly ask for one.
How long does it take to incorporate yourself?
It depends on your state and how you file. Check your state’s filing office website for current processing times.
Your Next Step
Pick your state, then run the numbers. Our LLC cost calculator totals your filing fee and the extras in a couple of minutes.
Disclaimer: The information in this article is for educational purposes only and does not constitute legal, tax, or financial advice. Business formation rules, fees, and deadlines vary by state and change often. Always consult a qualified attorney, CPA, or tax professional before making decisions about your business.
