Alaska Foreign LLC Registration (How-to Guide)

Are you thinking of expanding your LLC to Alaska? You’re in for an adventure! But first, you need to register your foreign LLC.

How do you go about that?

This guide will teach you everything you need to know about starting an Alaska LLC as a non-resident.

Alaska Foreign LLC Requirements

1. Registered Agent Appointment

You must designate a registered agent with a physical address in Alaska. The registered agent must live in the state. If you don’t live in Alaska, you can’t be your registered agent for your foreign LLC.

While you can use friends or family members as your registered agent, I recommend using a professional registered agent service. This keeps your address private on registration documents and is generally a safer option.

2. Articles of Orgnaization

Filing the Articles of Organization lets the state know about your new Alaska LLC. After they process and approve everything, you’ll be good to go and can start operating.

Remember, you must include the filing fee and provide key details when you submit your paperwork.

Here’s their mailing address if you wish to do it yourself:

State of Alaska, Corporations Section
P.O. Box 110806
Juneau, AK 99811-0806

3. Certificate of Registration

Before your LLC can legally operate in Alaska, you must complete and submit a Certificate of Registration form to the Division of Corporations, Business, and Professional Licensing.

Here is the information you will need to include on the Certificate of Registration:

• Legal Name of LLC: The legal name of your LLC in your home state.
• Assumed Business Name: The assumed business name you will use if your legal business name is unavailable.
• State of Domicile: The state where your business was formed.
• Formation Date: The date when your business was formed.
• Duration of Business: The duration of your business if it has a specific end date.
• Business Purpose and NAICS Code: The business purpose and the NAICS code used to categorize your business activity.
• Registered Agent Information: Your registered agent’s name and physical address in Alaska.
• Principal Office Address: The physical address of your principal office, which does not need to be in Alaska.
• Management Structure: Whether your LLC is managed by members (owners) or managers.
• Member or Manager Information: The name, mailing address, and membership interest of each member (if they own at least 5% of the company) and manager.
• Signature of Authorized Person: The signature of an authorized person who does not have to be a member or manager of your LLC.

You can submit your Certificate of Registration either online or by mail.

To file by mail, send it to:

Division of Corporations, Business, and Professional Licensing
Corporations Section
P.O. Box 110806
Juneau, AK 99811-0806

4. Business License (optional)

All Alaska foreign LLCs are required to obtain a business license from the state. The Alaska Division of Corporations, Business, and Professional Licensing issues this license. You’ll need to provide information about your LLC, including its name, address, and type of business. You’ll also need to pay a fee to obtain the license. You can apply for a business license online or by mail.

5. Tax Registration

Your LLC may be required to register for taxes in Alaska, depending on your business type and the revenue you generate. You’ll need to register for a state tax identification number and obtain any necessary permits or licenses for your business. You can register for taxes and obtain permits and licenses through the Alaska Department of Revenue.

How to File a Foreign LLC in Alaska State

Step 1. Search and Select Your Business Name

Before proceeding, you must ensure that your LLC’s name is available in Alaska. Conduct a name search on the Alaska Division of Corporations’ website here to confirm that another entity is not already using your desired name.

If your LLC’s name is already taken, you may need to choose a different name or use an assumed business name that reflects your business activities.

Step 2. Appointing Alaska Registered Agent (I use Northwest)

Every foreign LLC must have a registered agent with a physical address in Alaska. This agent will act as your LLC’s official contact for receiving legal documents and official correspondence from the state.

You can appoint a professional registered agent service, which ensures that your address remains private and that you receive important documents promptly.

I use Northwest Registered Agent because they are a reputable, affordable, trustworthy, and reliable registered agent service that can help you form an LLC.

Click here to read my review of Northwest Agent (plus my experience with them).

Step 3. File Articles of Organization

The Articles of Organization are a fundamental document for establishing your LLC. They serve as the official application to form your LLC in a specific state and outline key details about your business.

This document typically includes:

• LLC Name: The legal name of your LLC as it will appear on official documents.
• Principal Office Address: The main business location may be outside of Alaska.
• Registered Agent Information: The name and address of your registered agent who will receive legal documents on behalf of your LLC.
• Purpose of the LLC: Briefly describe your LLC’s business activities.
• Duration: The intended duration of the LLC, which can be perpetual or for a specified period.

Filing the Articles of Organization officially creates your LLC and allows you to start conducting business.

Step 4. Complete the Certificate of Registration

The Certificate of Registration form is a key document that registers your foreign LLC to do business in Alaska. This form requires detailed information about your LLC, including:

• The legal name of your LLC as it’s registered in your home state.
• An assumed business name if your legal name isn’t available.
• The state where your LLC was initially formed (known as the “state of domicile”).
• The date your business was established.
• The duration of your LLC, if it has a set end date.
• The purpose of your business and the NAICS Code, which categorizes your business activity.
• The name and address of your registered agent, with a physical street address in Alaska.
• The principal office address must be a physical location, though it doesn’t have to be in Alaska.
• Your LLC’s management structure—whether it’s managed by members (owners) or managers.
• Information about each member or manager, including their name, mailing address, and membership interest (if they own at least 5% of the company).
• The signature of an authorized person who doesn’t need to be a member of your LLC.

Complete the form accurately to avoid delays. This step is often part of applying for a Certificate of Authority. The state filing fee for the Alaska Certificate of Registration is $350.

Step 5: Receive Your Verification of Registration

Once the Alaska Corporations Division approves your filing, they’ll send you a stamped copy of your Certificate of Registration, also known as a Certificate of Authority. This document officially grants your LLC permission to do business in Alaska.

How long does it take?

If you filed online, you’ll receive your certificate right away. However, if you mailed your application, the state can take up to 15 days to process and approve it.

Registration Fee – How Much Does a Foreign LLC in Alaska Cost?

Registering Alaska Foreign LLC requires a filing fee of $350. This fee is necessary to obtain the Alaska Certificate of Registration, which authorizes your LLC to conduct business there.

If your LLC was originally formed in another state or jurisdiction and you wish to expand its operations to Alaska, you must complete this registration process to operate there legally. The Certificate of Registration confirms that your foreign LLC complies with Alaska’s business regulations and permits it to do business within the state.

This $350 fee covers the administrative costs of processing your application and updating the state’s records to reflect your LLC’s new operational status in Alaska. It is a one-time fee, and payment can be made online, by mail, or in person, depending on your preference. But my favorite registered agent costs less than $100. Click here.

Do I need to file an Alaska Certificate of Registration for my foreign LLC?

You must file the Alaska Certificate of Registration if you want your foreign LLC to do business in Alaska. This filing legally authorizes your LLC to operate within the state.

The Certificate of Registration informs the Alaska Division of Corporations, Business, and Professional Licensing about your LLC’s intent to conduct business in Alaska. It ensures that your LLC complies with state regulations and enables you to engage in business activities within Alaska legally.

This filing process includes paying a $350 fee and providing information about your LLC, such as its legal name, formation state, and registered agent in Alaska. Once approved, the Certificate of Registration grants your foreign LLC the official right to operate in Alaska.

How are Foreign Entity LLCs in Alaska taxed?

When operating a foreign LLC in Alaska, it’s important to understand how the entity is taxed. Although Alaska has a favorable tax environment with no state income tax, several considerations must be made for federal and local tax purposes.

State Income Tax:

• No State Income Tax: Alaska does not impose a personal or corporate income tax. As a result, Foreign LLCs are not subject to state income tax on their earnings.

Federal Taxes:

• Pass-Through Taxation by Default: By default, Foreign LLCs in Alaska are treated as pass-through entities for federal tax purposes. This means that the LLC itself does not pay federal income taxes. Instead, the profits are passed through to the members of the LLC. Each member reports their share of the LLC’s profits on their personal tax returns and is responsible for paying taxes on that income.
• Election to be Taxed as a Corporation: Foreign LLCs can elect to be taxed as corporations by filing an election with the IRS. This might benefit certain financial strategies, as it changes how the LLC’s income is taxed at the federal level.

Local Taxes:

• Local Taxes: While Alaska does not have a state income tax, some local jurisdictions may impose taxes or fees. Foreign LLCs should check with local authorities to ensure they comply with any applicable local tax requirements.

Other Considerations:

• Business Licenses and Permits: Even without a state income tax, Foreign LLCs may still need to obtain business licenses or permits to operate legally within Alaska.
• Annual Reporting: Foreign LLCs must file an Annual Report with the Alaska Division of Corporations to maintain good standing.

Understanding these tax considerations can help Foreign LLCs navigate their financial responsibilities while operating in Alaska.

FAQs on Alaska Foreign LLC Registration

Can I be my registered agent for my Alaska LLC?

Yes, you can be your own registered agent for your Alaska LLC, provided you meet certain requirements. As a registered agent, you must have a physical address in Alaska and be available during regular business hours to receive legal documents and official correspondence.

Why hire an Alaska-registered agent service?

Hiring an Alaska registered agent service offers several benefits:

1. Compliance: Ensures that legal documents are handled promptly and properly.
2. Privacy: Keeps your personal address off public records.
3. Reliability: Provides a consistent point of contact, especially if you’re not physically present in Alaska.
4. Professionalism: Enhances the professional image of your business.

How can I withdraw my Alaska foreign LLC?

To withdraw your Alaska foreign LLC, follow these steps:

1. File a Certificate of Cancellation: Submit the appropriate form to the Alaska Division of Corporations.
2. Pay Fees: Include any required fees for processing the withdrawal.
3. Resolve Outstanding Obligations: Ensure all state taxes and fees are settled before withdrawal.
4. Confirm Withdrawal: Obtain confirmation from the state that your LLC has been officially withdrawn.

Is a physical presence required in Alaska to form an LLC as a foreigner?

No, a physical presence in Alaska is not required to form an LLC as a foreigner. However, you must designate a registered agent with a physical address in Alaska to handle legal and official correspondence.

How do I amend a foreign LLC in Alaska?

To amend a foreign LLC in Alaska:

1. File an Amendment Form: Submit the required form to the Alaska Division of Corporations, detailing the changes.
2. Provide Details: Include information about the amendments, such as changes in the business name, address, or management structure.
3. Pay Fees: Submit the applicable fees for processing the amendment.
4. Update Records: Ensure that all changes are reflected in your business records and with any other relevant agencies.

What does it mean to do business in Alaska?

“Doing business in Alaska” generally means engaging in activities that constitute regular business operations within the state. This can include:

• Operating a physical office or storefront.
• Conducting regular transactions with customers in Alaska.
• Having employees or contractors based in Alaska.

These activities often necessitate registering as a foreign LLC in Alaska and complying with state regulations.

Does a foreign LLC have to file an annual report in Alaska?

Yes, a foreign LLC must file an annual report in Alaska. The report is required to maintain good standing and includes updated information about the LLC’s business operations and contact details. Your foreign LLC will need to file an Alaska Biennial Report on January 2nd every other year.