Ask a Specialist: Opening a business in Missouri

Question: What are the basic steps to follow to open a Missouri business?

Answer: When registering your business to operate in Missouri, business specialist Alan Hauff at UMSL suggests following these six basic steps.

To search the name availability for your business, visit sos.mo.gov/businessentity/soskb/csearch.asp.

After selecting a business name and form of organization (for a sole proprietorship), visit sos.mo.gov and follow this path (Businesses > Starting a Business > Fictitious Name Filings) to register online. Or, visit sos.mo.gov/forms.asp to download the appropriate form [Registration of Fictitious Name (Corp. 56)] to register your business by mail with the Missouri Secretary of State. Complete the form and mail it with the required fee of $7 to the address listed on the form. If you would like the form mailed to you, call 1-573-751-3827.

Or alternatively:

After selecting a business name and form of organization (for a limited liability company), visit sos.mo.gov and follow this path (Businesses > Starting a Business > Register LLC) to register online. The cost is $50 if you register online. Or, visit sos.mo.gov/forms.asp to download the appropriate form [Articles of Organization for a Limited Liability Company (LLC 1)] to register your business via mail with the Missouri Secretary of State. Complete the form and mail it with the required fee of $105 to the address listed on the form. If you would like the form mailed to you, call 1-573-751-3827.

Or alternatively:

After selecting a business name and form of organization (for a Corporation), visit sos.mo.gov/forms.asp to download the appropriate form [Articles of Incorporation of a For Profit Corporation (Corp 41)] to register your business with the Missouri Secretary of State. Complete the form and mail it with the required fee of $58 to the address listed on the form. If you would like the form mailed to you, call 1-573-751-3827.

If you elect to be taxed as an S-Corporation, you must also register with the IRS. Visit www.irs.gov/pub/irs-pdf/f2553.pdf to download IRS Form 2553, Election by a Small Business Corporation. You must file this form with the IRS for that agency to accept your election for S corporation status. (NOTE: This form must be filed within 75 days of the formation of the corporation).

If you elect to be taxed as a C-Corporation, you must also register with the IRS. Visit www.irs.gov/pub/irs-pdf/f8832.pdf to download IRS Form 8832, Entity Classification Election. You must file this form with the IRS for that agency to accept your election for C-Corporation status.

Or alternatively:

After selecting a business name and form of organization (for a partnership), visit sos.mo.gov/forms.asp to download the appropriate form [Certificate of Limited Partnership (LP 41)] to register your business with the Missouri Secretary of State. Complete the form and mail it with the required fee of $105 to the address listed on the form. If you would like the form mailed to you, call 1-573-751-3827.

Apply for a Federal Employer Identification Number online by visiting https://sa1.www4.irs.gov/modiein/individual/index.jsp. When you finish entering the data, click the "Next" button to submit the form electronically. If you would like to apply for this number over the telephone, call 1-800-829-4933.

(Note: Skip this step if you will not buy wholesale, sell retail, be taxed as a corporation, or have employees.)
Submit Missouri Form 2643, Business Tax Registration Application (Sales, Withholding, and Corporate Income Registration) to the Missouri Department of Revenue. Visit the Missouri Department of Revenue website (dor.mo.gov/tax/business) to download this form. In the upper left-hand corner of their web page, there is a search engine for forms. Type the form number "2643" in the search engine and click "Search forms." Form 2643 is a four-part form that will register your business with the state and also will register you for a Missouri sales tax number, a Missouri Employer Identification Number (if you are going to have employees) and the Corporation Franchise Tax if you elect to be organized as a corporation or taxed as one if organized as a Limited Liability Company. You must complete the business registration part (Sections 1 through 34) of Form 2643 (dor.mo.gov/forms/2643.pdf) if you are required to complete any other part of the form. If you need a sales tax number, Missouri EIN, or the Corporation Franchise Tax, complete the appropriate section that applies to you and leave the others blank.). If you would like Form 2643 mailed to you, call 1-573-751-5860. (Note: If you apply for a Missouri sales tax number, you may also want to download Missouri Form 149 (dor.mo.gov/forms/149.pdf), Sales/Use Tax Exemption Certificate. This certificate is given to suppliers if you are buying wholesale and will be reselling the materials that you purchase from them).

Apply for a local business license and occupancy permit at the city clerk’s office if your business will be located inside the city limits, or at the county clerk’s office if it will be in an unincorporated part of the county. [For example, if you establish your business in the City of St. Louis, contact the Business Assistance Center for permit and license information; phone 1-314-622-4120 or visit City Hall, Suite 421. If you establish your business in St. Louis County, in addition to contacting the city where the business will be located, contact the St. Louis County Business Assistance Center, 41 South Central Ave., Administration Building 6th Floor, Clayton, Mo. or phone 1-314-615-5222.] For most other locations, you should visit your county clerk's office website for instructions. (Visit www.sos.mo.gov/elections/countyclerks.asp to find your county clerk's office.)

(Note: Skip this step if you will not have employees.)
If you will have employees, contact the Missouri Department of Labor and Industrial Relations for information on Workers' Compensation Insurance 1-573- 751-4231 (www.labor.mo.gov/DWC/Injured_Workers) and Employment Security 1-573-751-3215 (www.labor.mo.gov/DES/).

Other recommended resources:

Evaluate the feasibility of your business idea.
Prepare a written business plan.
Contact a Missouri Small Business and Technology Development Center office near you. If you prefer, phone 1-573-884-1555 for a referral. MO SBTDC business specialists can provide personalized help in starting or growing your business.
Explore the MissouriBusiness.net Resource Library for publications.
Register for business training seminars.

This story was featured in the October 2008 newsletter