Business License Guide

LLC formation · Illinois vs. Ohio · 2026 comparison

Illinois vs. Ohio LLC Formation - 2026 Midwest Cost, Tax & Foreign Qualification Comparison

Side-by-side formation cost, annual obligations, processing speed, tax rules, and registered agent requirements for both states.

Last verified: 2026-05-08 Official sources linked below
IL
Illinois
Best when Illinois is the real operating state; avoid foreign qualification and Chicago-area nexus risk.
Formation fee
$150
Annual fee
$75/year Annual Report
Processing
10 business days standard
Franchise tax
None
File in Illinois → Illinois SOS LLC online filing
OH
Ohio
Best for Ohio operating companies that want the rare no-annual-report posture.
Formation fee
$99
Annual fee
$0/year (no annual LLC report)
Processing
3-7 business days standard
Franchise tax
Commercial Activity Tax is a gross-receipts tax. Current Ohio rules use a $6M exclusion for 2025+; older $1M shorthand is stale.
File in Ohio → Ohio Business Central

IL formation fee

$150

OH formation fee

$99

IL annual fee

$75/year Annual Report

OH annual fee

$0/year (no annual LLC report)

Decision point

Ohio wins on state filing cost; Illinois wins only when Illinois is the operating-state reality.

Illinois LLC vs. Ohio LLC — head to head

All figures verified against official state portals as of 2026-05-08.

Factor Illinois (IL) Ohio (OH)
Formation filing fee $150 $99
Annual SOS/report fee $75/year Annual Report $0/year (no annual LLC report)
Five-year state filing cost ~$525 ~$99
State income tax / owner tax 4.95% individual income tax; partnership/S-corp LLCs also face 1.5% Personal Property Replacement Tax on net Illinois income. Graduated individual income tax with top rates below Illinois; municipal income tax can apply in Ohio cities.
Franchise, replacement, or gross-receipts tax No classic franchise tax; Illinois PPRT applies to partnership/S-corp LLC net income and Cook County/Chicago taxes may add local layers. Commercial Activity Tax is a gross-receipts tax. Current Ohio rules use a $6M exclusion for 2025+; older $1M shorthand is stale.
Operating-state recommendation Best when Illinois is the real operating state; avoid foreign qualification and Chicago-area nexus risk. Best for Ohio operating companies that want the rare no-annual-report posture.
Foreign qualification risk A Illinois LLC operating in Ohio may need Ohio foreign qualification, tax registration, and an in-state registered agent. A Ohio LLC operating in Illinois may need Illinois foreign qualification, tax registration, and an in-state registered agent.
Publication requirement None None
Filing portal Illinois SOS LLC online filing Ohio Business Central
Best fit Best when Illinois is the real operating state; avoid foreign qualification and Chicago-area nexus risk. Best for Ohio operating companies that want the rare no-annual-report posture.
Cost analysis
Illinois vs. Ohio five-year cost and tax tradeoff

Illinois costs about $525 in state SOS fees over five years ($150 + five $75 reports) versus Ohio at about $99 with no annual LLC report. But an Ohio LLC operating in Illinois may owe Illinois foreign registration, the $250 foreign annual report, Illinois tax, and Illinois registered-agent coverage.

IL vs. OH carrying cost

Registered agent service excluded because it usually applies in either state.

Year Illinois Ohio
Year 1 ~$225 ~$99
Year 2 ~$300 ~$99
Year 3 ~$375 ~$99
Year 4 ~$450 ~$99
Year 5 ~$525 ~$99

What a Illinois LLC must file each year

Due date
Annual Report due before the first day of the anniversary month; $75 domestic report ($250 foreign LLC report).
Fee
$75/year Annual Report
What to file
Annual Report due before the first day of the anniversary month; $75 domestic report ($250 foreign LLC report).
Failure consequence
Late filings can trigger fees, loss of good standing, administrative dissolution, or tax collection consequences depending on the filing.
Filing portal
Illinois annual filing portal

What a Ohio LLC must file each year

Due date
No Ohio annual LLC report or state annual LLC fee. CAT may apply to Ohio taxable gross receipts above the current exclusion.
Fee
$0/year (no annual LLC report)
What to file
No Ohio annual LLC report or state annual LLC fee. CAT may apply to Ohio taxable gross receipts above the current exclusion.
Failure consequence
Late filings can trigger fees, loss of good standing, administrative dissolution, or tax collection consequences depending on the filing.
Filing portal
Ohio annual filing portal

LLC name requirements in Illinois

  • Required designators include LLC, L.L.C., or Limited Liability Company.
  • Name must be distinguishable on Illinois SOS records.
  • Annual report is due before the anniversary month; foreign LLC annual report fee is higher than domestic.
  • Search at the Illinois business entity database before filing.

LLC name requirements in Ohio

  • Required designators include LLC, L.L.C., Limited Liability Company, Limited, or Ltd.
  • Name must be distinguishable on Ohio Business Central records.
  • Name reservation is available for $39 for 180 days.
  • Search at Ohio Business Search before filing.

Illinois and Ohio LLC formation by city

State rules apply statewide; city guides cover local context and additional permits.

Registered agent requirements: Illinois vs. Ohio

Requirement Illinois Ohio
Required Yes Yes
Who can serve IL resident 18+ with in-state street address, or registered IL entity OH resident 18+ with in-state street address, or registered OH entity
Self-serve allowed Yes (address becomes public state record) Yes (address becomes public state record)
Consent required Registered agent acceptance is captured in the filing; agent must maintain an Illinois office. Statutory agent acceptance is required; agent must maintain an Ohio address.
Commercial RA typical cost $50–$150/yr $50–$150/yr

How to choose: Illinois vs. Ohio LLC

  1. Start with the operating state Employees, offices, inventory, property, local licenses, and recurring in-state customers usually decide where the LLC must register. The cheaper formation state is not cheaper if it adds foreign qualification.
  2. Compare Secretary of State fees IL: $150 formation + $75/year report ($250/year foreign LLC report). OH: $99 formation + no annual LLC report. Form where you operate; Illinois nexus and PPRT often erase an Ohio paper advantage for Illinois operators.
  3. Compare tax exposure Illinois: 4.95% individual income tax; partnership/S-corp LLCs also face 1.5% Personal Property Replacement Tax on net Illinois income. No classic franchise tax; Illinois PPRT applies to partnership/S-corp LLC net income and Cook County/Chicago taxes may add local layers. Ohio: Graduated individual income tax with top rates below Illinois; municipal income tax can apply in Ohio cities. Commercial Activity Tax is a gross-receipts tax. Current Ohio rules use a $6M exclusion for 2025+; older $1M shorthand is stale.
  4. Price foreign qualification before filing Model both directions: domestic formation in one state plus foreign registration, annual reports, tax filings, registered agent cost, and local licenses in the operating state.
  5. Use corridor-specific facts Ohio wins on state filing cost; Illinois wins only when Illinois is the operating-state reality.
  6. File and calendar compliance After choosing the operating state, file through the official portal, obtain an EIN, adopt an operating agreement, set up payroll/tax accounts if needed, and calendar annual statements or reports.

Statute basis & official sources

Last verified 2026-05-08.

805 ILCS 180; 35 ILCS 5; 30 ILCS 115/12; Ohio Rev. Code Chapter 1706; Ohio Rev. Code Chapter 5751; IRS check-the-box regulations for federal LLC classification; state revenue guidance linked below.

  • Operating without an LLC leaves personal assets exposed to business debts, leases, and lawsuits.
  • Forming in the wrong state can create dual registered agents, dual annual filings, and avoidable foreign qualification.
  • Ignoring state income tax, gross-receipts tax, replacement tax, local income tax, or city licensing can create penalties and loss of good standing.
  • Banks and payment processors commonly require filed formation documents, EIN confirmation, and an operating agreement.

Illinois vs. Ohio LLC — common questions

Is it cheaper to form an LLC in Illinois or Ohio?

Illinois costs about $525 in state SOS fees over five years ($150 + five $75 reports) versus Ohio at about $99 with no annual LLC report. But an Ohio LLC operating in Illinois may owe Illinois foreign registration, the $250 foreign annual report, Illinois tax, and Illinois registered-agent coverage.

Should I form where I live or where I work?

For most owner-operated LLCs, form where the business actually operates: where you work, have employees, hold inventory, lease space, or repeatedly serve local customers. Residence matters for owner-level tax, but business nexus drives registration.

Can I form in the cheaper state and operate across the border?

Yes, but you may need foreign qualification in the operating state. That usually means another filing fee, another registered agent, and the operating state taxes you were trying to avoid.

Do these states require newspaper publication?

No. Ordinary LLCs in these Midwest states do not have the New York/Nebraska/Arizona-style publication requirement.

Does state formation change federal LLC tax treatment?

No. A single-member LLC is disregarded by default and a multi-member LLC is a partnership by default unless it elects corporate taxation. State-level taxes and reports differ, but federal classification does not.

When is a two-state LLC structure worth it?

Usually only when operations are genuinely split, there is real property in both states, customers or employees create nexus in both states, or a legal/tax advisor has a specific reason for a holding/operating company structure.

Disclaimer: Informational only — not legal advice. LLC laws change; verify with a Illinois or Ohio business attorney or CPA before filing.