Starting a Business in Wisconsin | Checklist and Forms

How to Start a Business in Wisconsin

Wisconsin Business Facts

Wisconsin’s economy is heavily driven by agriculture with 10% of the state’s employment generated from its 350,000 agricultural jobs. Wisconsin leads the nation in cheese production and also has a heavy concentration in manufacturing with a large industrial sector in paper and printing. The largest cities in Wisconsin are Milwaukee and its capital, Madison. Wisconsin residents take pride in a rich political history, an active beer culture, football and the state’s enormous contribution to the $20 billion dairy industry.

Major Companies in Wisconsin

Wisconsin is the headquarters of major companies such as Culver’s, Kohl’s, Manpower and Northwestern Mutual.

Startup Environment

Among US states, Wisconsin does not rank highly as good place to start a business. CNBC ranked Wisconsin twenty-one in the nation as recently as 2017 and the same year Milwaukee was ranked 39th on the Kauffman Index of Startup Activity. Despite these low rankings, Wisconsin business owners do benefit from recent tax cuts.

Step 1: Decide on a Business Structure

There are 3 basic options: a Corporation, LLC or DBA. Click here to learn more about business entities.

A Corporation is a separate entity (provides liability protection to the owners) with a structure that includes shareholders, directors and officers. It’s more complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a “Professional Corporation” or PC (doctors, lawyers, architects, etc.).
An LLC or “Limited Liability Company” is a newer type of business that is both a separate entity and provides very easy management (doesn’t require directors or officers) and taxation. The LLC has largely replaced the DBA and Corporation in popularity recently as it provides liability protection but with much less complexity (and taxation) than a Corporation.
A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name.

Step 2: Choose a Business Name

Choosing a business name is easier said than done – many legal and business problems can arise from picking the wrong name (you can always change it later but the less times you have to do that the better). In Step 3 we’ll show you how to search for the name in Wisconsin, but we highly recommend you do the following before searching Wisconsin state databases:

Make sure you’ve covered the basics: unique, easy to understand/pronounce (practice saying it out loud: “Thanks for calling XYZ”) and can survive over time (“DVD World” is not timely). Here are some of our tips on business identity including logo and trademarks.

Search the web for your proposed name. Search Google, Bing and DuckDuckGo as a “first sweep” for any potential conflicts, especially in your state or local jurisdiction. NOTE: If you intend to operate nationally or even internationally it will be even more important that your name be unique. This should cover many cases where a company name is being used but not officially trademarked (see next tip).

Do a trademark search with the US Patent and Trademark Office (USPTO). This will be a very good indicator if your name will have any conflicts. There’s an art to trademark searches (trademark specialists will charge you handsomely to do a thorough search) but in our experience if you can use Google at a fairly advanced level you can reasonably clear a name yourself. Tip: search misspellings, plurals, variations of spelling, sound-alikes and other versions of your chosen name to be sure it’s not already registered.

Make sure your company name choice is available by searching the Wisconsin Business Entity Database . NOTE: Make sure to search variations of spelling, plurals and misspellings as the state may reject a name that is too similar (then you have to start all over again, wasting valuable time).

Restrictions on Wisconsin Business Name & Business Purpose

The name of a Wisconsin corporation must contain any of the words “corporation”, “incorporated”, “limited”, or “company” or the abbreviation “corp.”, “inc.”, “co.” or “ltd.”, or comparable words or abbreviations. The name of a limited liability company must contain the words “limited liability company” or “limited liability co.” or end with the abbreviation “L.L.C.” or “LLC”.

Step 3: Register the Business

Each state has its own requirements for registering a business. Now that you’ve chosen a business structure and selected your business name, here are the requirements to register your business in Wisconsin.

How to form an LLC in Wisconsin

File the “Articles of Organization” with the Wisconsin Department of Financial Institutions.
Once the articles are filed and approved by the state you will then need to properly organize the LLC (this also applies to “1-person LLC’s”) by holding an “Organizational Meeting” which takes contributions from the members, issues Member Certificates, adopts the company Operating Agreement and more.

How to Incorporate in Wisconsin

File the “Articles of Incorporation” with the Wisconsin Department of Financial Institutions.
Hold an “Organizational Meeting” to determine the percentage of ownership for each shareholder as well as resolve to do tasks like open a company bank account, pay back pre-incorporation expenses, elect S-Corporation status and more.
Corporations can elect S-Corporation status with the IRS by filing IRS Form 2553. Click here to learn more about S-Corporations.

NOTE: When registering a new company the state can take several weeks to file the paperwork. You can expedite the process by hand delivering the documents directly to them or one of their field offices and paying an additional fee.

TIP: Check our order form to see how long Wisconsin is currently taking to process regular and expedited orders.

How to File a DBA in Wisconsin

Wisconsin does not require the registration of trade names, but registration can be obtained using this form.

Optional Considerations when registering a Wisconsin business

Hire a professional Registered Agent. Many people list their home or business address on the Articles of Organization or Incorporation. This can cause issues because it becomes public record (you’ll get lots of junk mail). A professional Registered Agent will provide their address and forward any important documents to you, this is also convenient if you have to move (you don’t have to file forms or pay fees, just update your address with your agent).

Ready to register a business in Wisconsin?

We specialize in registering businesses in Wisconsin.

Step 4: Obtain your Federal Employer Identification Number (FEIN or “EIN”)

Your EIN is like your Social Security Number for your company. It’s required for Corporations and LLC’s and optional for DBA’s (if you don’t have any employees, then it’s required). However, if you are a DBA and don’t obtain an EIN you will be forced to use your Social Security Number on many documents so it’s typically recommended you obtain the EIN to prevent identity theft.

TIP: We can obtain your EIN for you if you we form your company.

Step 5: Open Company Accounts: Bank and Credit Cards

To keep business and personal expenses separate, you should open a separate account for your business. In addition, getting business credit cards is how you begin to build a company credit profile (corporation or LLC required) and can later qualify for larger loans and lines of credit. To open the account simply call your chosen bank and inquire on the steps to open a business bank account. Typically you’ll need a) your filed paperwork b) your EIN c) a company resolution authorizing your company to open the account (signed by the owners, members, officers or directors, etc.).

TIP: Our business formation service includes a free banking resolution for your use.

Step 6: Obtain Business Licenses and Permits

Now that you’ve registered your business name you might need to obtain a business license for your company – this authorizes your company to do business in your city or county depending on the type of service you offer. Typically this also involves registering for state taxes and permits (the city may require them as part of the business licensing process).

TIP: We can help you identify the necessary forms to obtain your business license.

Step 7: Annual and Ongoing Requirements

DBA: Your Wisconsin trade name should be valid for 10 years and may be renewed before the name expires.

LLC: Wisconsin LLCs are required to file an annual report by the end of the filing anniversary quarter each year.

Corporation: Wisconsin corporations must file an annual report each year by the end of the filing anniversary quarter. LLCs and Corporations will pay a filing cost of $26.

Ready to start a business in Wisconsin?

Our Wisconsin filing services will help you get started as quickly as possible.

Important Wisconsin Contacts

Wisconsin Department of Financial Institutions

Division of Corporate & Consumer Services (for Corporation and LLC filings)
4822 Madison Yards Way, North Tower
Madison, WI 53705
Phone: 608-261-7577

Wisconsin Taxation Departments

Wisconsin Department of Revenue

Wisconsin Labor and Employment Departments

Department of Workforce Development

Wisconsin Startup Resources

1. Small Business Administration (SBA) Wisconsin

Wisconsin District Office

2. SCORE Wisconsin

SCORE Southeast Wisconsin, founded in 1965, has over 70 mentors whose primary goal is to help small businesses achieve success.
Western Wisconsin SCORE offers free business mentoring, low-cost or no-cost business training, and templates and tools to help start or grow a business.
The Central Wisconsin SCORE gives free, confidential advice and consultation to prospective and current business owners in central Wisconsin.

3. Wisconsin Legal Statutes

Wisconsin Business Corporation – note this is the broad code that includes various other topics including business corporation.
Wisconsin Limited Liability Company – the specific act that applies to Wisconsin LLC’s.

4. Wisconsin Chambers of Commerce

5. Wisconsin One Stop Business Portal

The Wisconsin One Stop Business Portal is here to create an easy step-through process where Wisconsin’s businesses can find the requirements and tools they need to start a business in Wisconsin.

6. Angel.co Wisconsin Startups

A list of Wisconsin Startups and Wisconsin angel investors registered with Angel.co. Good research resource.

7. Wisconsin Business News

8. WEDC – The Wisconsin Economic Development Corporation (WEDC) is committed to creating and maintaining a business climate that allows you to maximize your potential.

9. Wisconsin Small Business Development Center

The Wisconsin Small Business Development Center is a statewide network supporting entrepreneurs and business owners through no-cost, confidential consulting and business education.

10. Wisconsin Green Masters Program – a recognition and assessment program for Wisconsin businesses interested in improving and being recognized for their sustainability initiatives.