Forming an LLC in Tennessee
Why Tennessee
No state income tax — only taxes dividends/interest (Hall Tax repealed) Home to Nashville (music + healthcare), Memphis (logistics) Hispanic community ~6% (growing) High cost ($300 + $300/year = $600 first year) Accepts ITIN
Key facts
| Item | Information |
|---|---|
| Formation fee | $300 |
| Annual fee | $300 annual report (minimum) |
| Deadline | Annual Report due 1st day of 4th month after anniversary ($300 minimum) |
| Accepts ITIN | ✅ Yes |
Process
- Unique name ending in “LLC”
- Registered Agent in Tennessee
- Articles of Organization ($300)
- Operating Agreement (internal)
- EIN from IRS (free)
- Business bank account
Platform: Tennessee Secretary of State
Professional licenses: new citizenship/status requirement (since May 7, 2026)
If your Tennessee business activity needs a professional or commercial license (trade boards under Title 62, cosmetology, health professions, insurance, alcoholic-beverage permits…), note that Public Chapter 955 (in effect since May 7, 2026) requires the license holder to be a US citizen or “qualified alien” (Tenn. Code Ann. § 4-58-102) at application AND renewal — a work permit (EAD) alone no longer qualifies. Public Chapter 955 does not amend Tennessee’s LLC-formation statutes — forming the LLC is a separate Secretary of State filing — but check every license your activity requires. Details: Tennessee worker rights and licensing · Public Chapter 955 (PDF). Tennessee is one of the states classified restrictive in our state-by-state map of professional licenses regardless of immigration status.
Related
Last verified: 2026-07-11.
State services and resources in Tennessee
Where to register your LLC in Tennessee
The Secretary of State office (or equivalent) of Tennessee handles LLC registrations. Generally accepts filings:
- Online (fastest, 1-3 days)
- By mail (4-8 weeks)
- In person (varies by state capital)
Post-formation requirements
- EIN from IRS (free, online, ~15 minutes)
- Business bank account — most require LLC docs + EIN
- State/local licenses depending on business type
- Annual Report yearly (keeps LLC active)
- Quarterly tax estimates if income > $1,000/quarter
LLC for immigrants with ITIN
- Permitted: ITIN holders can be LLC members
- Banking: business accounts with ITIN available (BlueVine, Mercury, Lili — verify policies)
- Tax filing: Schedule C on your 1040 with ITIN; Form 1065 for multi-member LLC
Common errors
- Forgetting annual report (can dissolve LLC)
- Mixing personal and LLC finances (loses limited liability protection)
- No Operating Agreement (even single-member)
- Operating in another state without registering as foreign LLC
Tennessee-specific resources
- Tennessee Secretary of State — LLC search + filings
- Tennessee Department of Revenue — state business taxes
- SCORE (Service Corps of Retired Executives) — free small business mentoring
- SBA (Small Business Administration) — free counseling via SCORE and SBDC, open to everyone. ⚠️ SBA loans (7(a), 504, microloans) are closed to non-citizen owners since March/April 2026 — including green-card holders. See who can still use each SBA program and the CDFI lenders that do accept an ITIN.
Last verified: 2026-07-11.
General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.
Related procedural information
- ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
- ITIN-friendly business banking — checking accounts that open without an SSN
- USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
- State income tax obligations — business taxes vary by state
- Find an immigration attorney — for complex investor or work-visa cases tied to your LLC
