Incorporating a business in Wisconsin doesn’t require a lawyer, five-figure budget, or business degree. But it does require knowing how the process works, including the costs, paperwork, legal requirements, and more.

Below, we’ll explain what you need to know about how to incorporate your business in Wisconsin.

What’s in this article?

• How do you incorporate a business in Wisconsin?
  
• What are the benefits of incorporating in Wisconsin?
  
• What are the legal requirements to incorporate in Wisconsin?
  
• How much does it cost to incorporate in Wisconsin?
  
• How Stripe Atlas can help
  

How do you incorporate a business in Wisconsin?

Wisconsin makes it relatively easy to get a business off the ground. You can do everything online, the fees are low, and the paperwork isn’t overly complicated. Whether you’re forming a limited liability company (LLC) or corporation, the steps are mostly the same:

• Pick your structure: You can form an LLC or incorporate as a corporation. Each option has tradeoffs. LLCs are simpler and more flexible, while corporations give you a traditional structure and are better if you plan to raise money or issue shares.

• Choose a name: Your name has to be unique in Wisconsin and follow a few rules, depending on the structure you choose and the type of business you’re running.

• Select a registered agent: You need someone with a physical address in Wisconsin who can accept legal documents during business hours. You can do it yourself, but many people hire a registered agent service so they don’t have to be tied to the office all day.

• File your formation documents: You’ll file articles of organization for an LLC and articles of incorporation for a corporation. Corporations must list how many shares they’re authorizing.

• Pick your internal structure: LLCs should have an operating agreement that lays out the ownership and management structure. Corporations should create bylaws, hold an initial meeting, appoint directors, and issue shares—even if only one person is on the team.

• Register for taxes and permits: If you’re hiring, you’ll likely need to register for payroll taxes. If you’re working in a regulated field, you might need a specific license. Use Wisconsin’s One Stop Business Portal to figure out what you need to legally operate.

What are the benefits of incorporating in Wisconsin?

Wisconsin offers businesses financial incentives, a straightforward regulatory environment, and enough tax breaks to make the paperwork worth your time, especially if you’re in manufacturing, farming, or tech. Here’s how incorporating in the state can benefit your business:

Tax credits for growth-minded businesses

Wisconsin’s tax credit system is built to reward investment. If you’re opening a manufacturing facility, expanding a research and development (R&D) team, or creating jobs, there are credits to reduce your state tax bill.

These include:

• Manufacturing and agriculture investment credits

• R&D credits

• Dairy and livestock farm investment credits

• Job creation credits tied to Enterprise Zone projects

Credits can reduce your tax liability, and they can stack up if your business qualifies in more than one area.

No state income tax for S corps

If you form a corporation and elect S corp status with the IRS, Wisconsin won’t tax your business profits at the corporate level. The income flows directly to your personal tax return, so you won’t be subject to the double taxation of a C corp. There are some exceptions, and large businesses might trigger a separate surcharge, but this is an option for most S corp founders.

Sales tax exemptions

If your business involves manufacturing or farming, you might not have to pay sales tax on equipment or materials used in production, including machinery, tools, and repair parts. The savings can be substantial, especially if you’re buying in bulk or scaling quickly.

Enterprise Zones and location-based incentives

If you set up in a designated development zone, you can qualify for additional perks.

These include tax credits for:

• Hiring workers in the area

• Investing in new buildings or equipment

• Training employees

If you’re expanding into Janesville, Beloit, Kenosha, or similar cities, Wisconsin’s Opportunity Zones can offer similar benefits.

Grant and loan programs

Depending on your industry, location, and business stage, you might qualify for startup grants, technology development funding, or low-interest or forgivable loans for equipment, facilities, or working capital. The Wisconsin Economic Development Corporation (WEDC) and local development agencies manage these programs.

Legal protections

The state recognizes service corporations, so if you’re a licensed professional (e.g., doctor, engineer, accountant), you can still form an entity to protect your personal assets. Your business name must end with “chartered,” “limited,” “service corporation,” or a relevant abbreviation.

No franchise tax for corporations paying income tax

Wisconsin doesn’t charge corporations income tax and franchise tax—you pay one or the other. That’s a notable contrast from states such as California or Delaware, where an annual franchise tax is applied every year.

What are the legal requirements to incorporate in Wisconsin?

Forming an LLC or incorporating in Wisconsin means following certain rules and handling a few fundamentals on your own, even if they’re not part of the filing. Here’s what is legally required:

A name that follows the rules

Your business name must be distinguishable from every other registered entity in Wisconsin. That means no duplicates, no confusingly similar phrasing, and no restricted terms (such as “bank” or “insurance,” unless you’re licensed in that space).

The name also has to end with a structure-specific label:

• LLC names must end with “LLC” or “Limited Liability Company.”

• Corporations must end in “Inc.,” “Corp.,” “Company,” or “Limited.”

Before you get too attached, search the Wisconsin Corporate Records to confirm your name’s availability.

A registered agent with a Wisconsin street address

Every LLC and corporation in Wisconsin needs a registered agent, a person or professional service responsible for receiving legal documents and official state mail. They must have a physical address in Wisconsin (no PO Boxes) and be available during standard business hours.

You can name yourself or someone on your team, but many businesses use a registered agent service to keep founders’ names out of the public record and avoid missing important documents.

Keep this information current. If your agent quits or you forget to file a change, you could miss a legal notice, and the state can dissolve your business for being out of compliance.

Filed formation documents

The main step for incorporating is filing your formation documents with the Department of Financial Institutions. LLCs file articles of organization, and corporations file articles of incorporation.

Both forms will require:

• Your legal business name

• Your registered agent’s name and address

• The name and address of the person filing (i.e., the organizer or incorporator)

For corporations, you’ll also need to authorize at least one share of stock and list each incorporator (you need only one, but you can have more).

You can file online or by mail, but online is faster. If anything’s missing (e.g., a required signature, an address), the state will send your filing back.

Documented internal structure

You won’t file it with the state, but documentation of your internal structure is expected, and it’s key if you need to prove your business’s legitimacy.

For corporations, this means drafting bylaws, appointing at least one director, holding an organizational meeting, issuing shares, and documenting ownership.

For LLCs, this means drafting an operating agreement, deciding whether you’re member-managed or manager-managed, and clearly delineating ownership percentages and decision-making rules.

Solo founders also need to do this. You don’t have to file the documents, but you need to have them on record.

Ongoing compliance

After the initial incorporation, you’ll have a few ongoing duties to stay compliant.

You’ll need to:

• File an annual report, due by the end of the quarter in which you formed (e.g., if you incorporated in February, your annual report is always due by March 31). Foreign entities’ reports are due March 31 every year, regardless of incorporation date.

• Keep your registered agent information current.

• Pay state taxes.

• Acquire any required licenses or permits, and renew them as needed.

Wisconsin doesn’t require a general state business license, but some industries (e.g., construction, food service, health care) require one. Local governments might have their own rules.

How much does it cost to incorporate in Wisconsin?

It’s more affordable to incorporate in Wisconsin than it is in many other states. Here’s what you’ll pay to get set up and be in compliance:

Up-front filing fees

This is the base cost of making your business official. LLCs pay $130 to file online and $170 to file by mail. Corporations pay $100, whether online or on paper. If you use the online system, there’s a $1 processing fee added to the total, so you’ll see $101 or $131 on your card statement, depending on the type of entity.

If you want or need expedited filing, you can pay $25 for same- or next-day processing. But regular online filings are usually fast enough that you won’t need this unless you’re on a tight timeline.

Annual maintenance

You’ll need to pay an annual report fee for your business to be in good standing. The fee is $25 if filed online and $40 if filed by mail.

Other potential costs

You might incur additional costs, depending on your business. They can include:

• Registered agent service: If you hire a registered agent service, expect to pay $100–$300 annually.

• Legal advice: If you’re paying an attorney to draft bylaws, an operating agreement, or custom contracts, factor in hourly rates or flat fees.

• Business licenses: Some industries or municipalities require business licenses. Fees vary depending on the type of license.

• Name reservation: If you want to reserve a business name, you can pay $15 to hold the name for 120 days.

How Stripe Atlas can help

Stripe Atlas sets up your company’s legal foundations so you can fundraise, open a bank account, and accept payments within two business days from anywhere in the world.

Join 75K+ companies incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.

Applying to Atlas

Applying to form a company with Atlas takes less than 10 minutes. You’ll choose your company structure, instantly confirm whether your company name is available, and add up to four cofounders. You’ll also decide how to split equity, reserve a pool of equity for future investors and employees, appoint officers, and then e-sign all your documents. Any cofounders will receive emails inviting them to e-sign their documents, too.

Accepting payments and banking before your EIN arrives

After forming your company, Atlas files for your Employer Identification Number (EIN). Founders with a US Social Security Number, address, and cell phone number are eligible for IRS expedited processing, while others will receive standard processing, which can take a little longer. Additionally, Atlas enables pre-EIN payments and banking, so you can start accepting payments and making transactions before your EIN arrives.

Cashless founder stock purchase

Founders can purchase initial shares using their intellectual property (IP) (e.g., copyrights or patents) instead of cash, with proof of purchase stored in your Atlas Dashboard. Your IP must be valued at $100 or less to use this feature; if you own IP above that value, consult a lawyer before proceeding.

Automatic 83(b) tax election filing

Founders can file an 83(b) tax election to reduce personal income taxes. Atlas will file it for you—whether you are a US or non-US founder—with USPS Certified Mail and tracking. You’ll receive a signed 83(b) election and proof of filing directly in your Stripe Dashboard.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company. Atlas C corp documents are built in collaboration with Cooley, one of the world’s leading venture capital law firms. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.

A free year of Stripe Payments, plus $50K in partner credits and discounts

Atlas collaborates with top-tier partners to give founders exclusive discounts and credits. These include discounts on essential tools for engineering, tax, finance, compliance, and operations from industry leaders like AWS, Carta, and Perplexity. We also provide you with your required Delaware registered agent for free in your first year. Plus, as an Atlas user, you’ll access additional Stripe benefits, including up to a year of free payment processing for up to $100K in payments volume.

Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.