Kansas vs North Carolina LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Kansas charges $85 to form an LLC; North Carolina charges $125. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, Kansas runs about $505 less in total state fees than North Carolina. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, Kansas typically clears standard online filings faster than North Carolina. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- Kansas costs $40 less to form ($85 vs $125).
- Kansas is $155 per year cheaper to maintain ($145 vs $300).
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
What each state offers that the other does not
Only North Carolina
- Paid expedited tier
Both states
- Online filing
- No entity-level franchise or LLC tax
- No publication requirement
- Operating agreement not statutorily required
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in Kansas, business operates there No foreign LLC registration needed. You pay Kansas fees only. | $230 | $145 | $520 |
| You live in North Carolina, business operates there No foreign LLC registration needed. You pay North Carolina fees only. | $425 | $300 | $1,025 |
| Non-resident forming in Kansas with operations elsewhere You pay Kansas's fees plus a typical home-state foreign LLC registration of about $200 per year. | $430 | $345 | $1,120 |
| Non-resident forming in North Carolina with operations elsewhere You pay North Carolina's fees plus a typical home-state foreign LLC registration of about $200 per year. | $625 | $500 | $1,625 |
Kansas vs North Carolina: full comparison
| Dimension | Kansas | North Carolina |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 1 business day | 3 business days |
| Expedited option Paid fast-track filing | Not offered | $100 |
| Annual report Required in addition to tax | Required, $90 | Required, $200 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | Yes | Yes |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $115 | $250 |
| State sales tax General statewide rate | 6.5% | 4.8% |
Taxes in Kansas and North Carolina
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
Kansas tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.5%.
North Carolina tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 2.0%.
Ongoing compliance
The recurring filings each state requires after formation.
Kansas
Annual report $90, due 04/15 each year. Registered agent required in Kansas.
North Carolina
Annual report $200, due 04/15 each year. Registered agent required in North Carolina.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
Kansas
- Check business-name availability on the Kansas entity search.
- Appoint a registered agent with a physical Kansas street address.
- File Articles of Organization, Domestic Kansas Limited Liability Company (Form DL) for $85.
- Wait for approval. Online typically 1 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Kansas statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $90 when it comes due.
North Carolina
- Check business-name availability on the North Carolina entity search.
- Appoint a registered agent with a physical North Carolina street address.
- File Articles of Organization for Limited Liability Company (Form L-01) for $125.
- Wait for approval. Online typically 3 business days. Paid expedite from $100.
- Adopt an operating agreement (recommended, not required by North Carolina statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $200 when it comes due.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both Kansas and North Carolina (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Kansas or North Carolina does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
Kansas Secretary of State, Business Services Division
- Website
- sos.ks.gov
- Phone
- (785) 296-4564
- kssos@ks.gov
- Kansas Secretary of State, Docking State Office Building, 915 SW Harrison Street, Topeka, KS 66612
- Office
- Docking State Office Building, 915 SW Harrison Street, Topeka, KS 66612
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
North Carolina Secretary of State, Business Registration Division
- Website
- www.sosnc.gov/divisions/business_registration
- Phone
- (919) 814-5400
- biz@sosnc.gov
- P.O. Box 29622, Raleigh, NC 27626-0622
- Office
- 2 South Salisbury Street, Raleigh, NC 27601-2903
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Kansas Department of Revenue
- Website
- www.ksrevenue.gov
- Phone
- (785) 368-8222
- Kansas Department of Revenue, Scott State Office Building, 120 SE 10th Avenue, Topeka, KS 66612-1103
- Office
- Scott State Office Building, 120 SE 10th Avenue, Topeka, KS 66612
- Hours
- 8:00 AM to 4:45 PM Central, Monday to Friday
North Carolina Department of Revenue
- Website
- www.ncdor.gov
- Phone
- (877) 252-3052
- P.O. Box 25000, Raleigh, NC 27640-0640
- Office
- 501 N. Wilmington Street, Raleigh, NC 27604
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Kansas or North Carolina?
Kansas is cheaper at formation ($85) than North Carolina ($125). Ongoing costs are also different: $145 vs $300 per year. Total over three years: $520 vs $1,025.
-
Can I form an LLC in Kansas if I live in North Carolina?
Yes, but your North Carolina business will almost certainly need to register as a foreign LLC in North Carolina too, which means paying North Carolina's foreign registration fee and any ongoing North Carolina obligations on top of the Kansas ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in Kansas vs North Carolina?
Kansas online: 1 business day; North Carolina online: 3 business days. Kansas does not offer paid expedite. North Carolina offers paid expedite from $100.
-
Which state has lower taxes for an LLC, Kansas or North Carolina?
Kansas: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. North Carolina: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Kansas and North Carolina both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
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Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Kansas or North Carolina to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More Kansas and North Carolina comparisons
More Kansas vs ...
Sources
- Filing fee: sos.ks.gov/forms/business_services/DL.pdf · verified April 21, 2026
Kansas SOS Form DL Articles of Organization, Domestic Kansas LLC (Rev. 2/27/26). Fee schedule on the instruction page: Online Articles of Organization $85, Paper Articles of Organization $90. K.S.A. 17-7673 authorizes the fee. This is a reduction from the prior $160/$165 schedule. The 2024 Freenetlaw seed fee of $160 reflects the earlier rate and has been superseded. - Annual report fee: sos.ks.gov/forms/business_services/ILC.pdf · verified April 21, 2026
Kansas SOS Form ILC Information Report, Limited Liability Company or Series (Rev. 1/23/26). Online Information Report $90, Paper Information Report $110. K.S.A. 17-76,139. The Kansas SOS Information Reports page (sos.ks.gov/businesses/information-reports.html) confirms reports are now filed biennially (every two years) by April 15, with businesses matching the even/odd year of formation. - Corporate income tax rate: www.ksrevenue.gov/pdf/corpbook2024.pdf · verified April 21, 2026
Kansas Corporate Income Tax Instructions (K-120 booklet, 2024). K-120 Line 29 Normal tax is 3.5% of Kansas taxable income; Line 30 Surtax is 3% of Kansas taxable income in excess of $50,000. Combined top-bracket C-corp rate is 6.5% on income over $50,000. Applies to LLCs electing C-corp treatment. - Sales tax rate: www.ksrevenue.gov/bustaxtypessales.html · verified April 21, 2026
Kansas Department of Revenue Sales (Retailers) page: state retailers' sales tax is 6.5% under K.S.A. 79-3603 (effective July 1, 2015). Cities and counties may add local sales tax, pushing combined rates to 10%+ in some jurisdictions. - Foreign LLC registration fee: sos.ks.gov/forms/business_services/FA.pdf · verified April 21, 2026
Kansas SOS Form FA Application for Registration of a Foreign (non-Kansas) Business (Rev. 3/2/26). Filing fee $115 for all foreign business types including LLCs. Foreign registrations must be filed by paper per the Kansas SOS (sos.ks.gov/businesses/register-a-business.html notes that foreign entities cannot file online). K.S.A. 17-7931. - Business name search: www.sos.ks.gov/eforms/BusinessEntity/Search.aspx · verified April 21, 2026
Kansas SOS Business Entity Search. Name availability should also be checked at sos.ks.gov/eforms/BusinessEntity/NameAvailability.aspx before filing the Form DL. - Operating agreement requirement: www.ksrevisor.org/statutes/chapters/ch17/017_076_0110.html · verified April 21, 2026
Kansas Revised Limited Liability Company Act (K.S.A. 17-76,134) recognizes operating agreements but does not require them to be written or adopted. The statute defines operating agreement broadly to include oral or written agreements, and the act provides default rules when no agreement exists. Kansas is not a required-operating-agreement state. - Filing fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
NCGS §57D-1-22(a)(1): Articles of organization filing fee = $125. Statutory citation authoritative; same number appears on the Secretary of State forms and fee schedule. - Expedited filing: www.sosnc.gov/manual/register_a_foreign_business/expedited · verified April 21, 2026
North Carolina Secretary of State expedited filing service: 24-hour service $100 additional; same-day service (received by noon ET) $200 additional. Cheapest tier is 24-hour at $100 reported here. - Annual report fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
NCGS §57D-1-22(a)(23) and §57D-2-24: Annual report fee $200, due by April 15 each year for LLCs. Online filings add a $2-$3 processing fee. - Franchise tax: www.ncdor.gov/taxes-forms/corporate-income-franchise-tax/corporate-inc… · verified April 21, 2026
NCDOR Corporate Income and Franchise Tax Rates page. Franchise tax applies to C corporations, S corporations, and holding companies – not to default-classified LLCs. Minimum corporate franchise tax is $200, rate $1.50/$1,000 of tax base capped at $500 on the first $1M of base. - Operating agreement requirement: www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_57D/Ar… · verified April 21, 2026
NCGS Chapter 57D (North Carolina Limited Liability Company Act) permits operating agreements in written, oral, or implied form. No statute requires adoption of a written operating agreement. Article 2 governs formation without imposing an operating-agreement requirement. - Foreign LLC registration fee: www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_57D/G… · verified April 21, 2026
NCGS §57D-1-22(a)(4): Application for certificate of authority for a foreign LLC = $250 filing fee. - Publication requirement: www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_57D.pd… · verified April 21, 2026
North Carolina's LLC Act (Chapter 57D) has no newspaper publication requirement for formation. - Business name search: www.sosnc.gov/search/index/corp · verified April 21, 2026
North Carolina Secretary of State business entity search. Confirm name availability before filing Form L-01. - Sales tax rate: www.ncdor.gov/taxes-forms/sales-and-use-tax/sales-and-use-tax-rates/cu… · verified April 21, 2026
NCDOR Current Sales and Use Tax Rates page. Statewide state rate is 4.75%; combined county rates range 6.75% to 7.50%. - Corporate income tax rate: www.ncdor.gov/taxes-forms/corporate-income-franchise-tax/corporate-inc… · verified April 21, 2026
NCDOR confirms 2.00% corporate income tax rate for tax years beginning in 2026. Rate schedule (2021 budget bill S.B. 105): 2.50% (2022-2024), 2.25% (2025), 2.00% (2026-2027), 1.00% (2028), 0% (2029+). Applies to C-corps and LLCs electing corporate treatment.