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Free LLC Formation: State Fees, Upsells, and Renewal Costs Explained

No LLC formation is actually free: every state charges a mandatory filing fee, from $35 in Montana to $500 in Massachusetts, that applies no matter which service files the paperwork. 'Free' formation offers waive only the service's own processing fee for the first year, while the state fee, a registered agent subscription, and optional add-ons like expedited filing or an operating agreement template are billed separately, often at a higher renewal price in year two.

By LLC Register · Last reviewed October 5, 2026

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Key Takeaways

  • The state filing fee is never waived

    State LLC filing fees range from $35 in Montana to $500 in Massachusetts and are set by the Secretary of State; a 'free' formation offer waives only the provider's own service fee, not this charge.

  • 'Free' usually applies to year one only

    A free or discounted first-year offer commonly covers only the initial formation service fee; the registered agent subscription and other services typically renew at a higher published price afterward.

  • Annual report fees are separate and recurring

    Most states require an annual or biennial report after formation, with fees ranging from $0 in several states to $500 a year in Massachusetts, billed by the state regardless of which provider you use.

  • An EIN should never cost money

    Per the IRS, an Employer Identification Number is always free directly from irs.gov; a line-item charge for 'EIN filing service' is a markup on a free government process, not a required cost.

  • Checkout upsells are optional

    Expedited state processing, an operating agreement template, and compliance alerts are typically offered as add-ons at checkout and are not required to form or maintain an LLC.

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In this article
  • Comprehensive Guide
  • Practical Considerations

Comprehensive Guide

How "Free" LLC Formation Actually Works

When a provider advertises free LLC formation, it means the provider is not charging its own fee for preparing and submitting the Articles of Organization. It does not mean the LLC itself costs nothing to create. Every state requires a filing fee to process that document, and that fee goes to the state, not the service, so it applies whether you file yourself or pay someone else to do it. Reading a free-formation offer closely usually shows the state fee listed as a separate charge you still pay at checkout.

The State Filing Fee You Cannot Avoid

State LLC filing fees are set by statute and published by each Secretary of State. They range from $35 in Montana to $500 in Massachusetts, with many states charging between $50 and $200. This fee does not change based on which provider you use, since it is paid to the state's filing agency either way. If an advertised price is lower than your state's actual published fee, check carefully what is and is not included before assuming the lower number is the total cost.

Registered Agent Fees and Renewal Pricing

Most states require an LLC to maintain a registered agent, a person or company available at a physical address during business hours to receive legal and state notices. Many formation offers bundle a year of registered agent service into the free or discounted formation price, then renew that service at its regular published price in year two and every year after. Because the first-year price is often a promotional rate, the number to compare across providers is the renewal price, not the introductory price, since that renewal price is what you will actually pay most years you own the LLC. LLC Register's $99-a-year registered agent service includes LLC formation in year one and annual report filing, with state fees passed through at cost, and that $99 price is the same in year one and at renewal, rather than a discounted rate that increases later.

Common Checkout Upsells

A few add-ons appear repeatedly at checkout across the industry: expedited state processing (faster than standard turnaround, for an extra fee the state itself usually charges), an operating agreement template, a banking resolution document, an EIN application service, and ongoing compliance or deadline alerts. None of these are required by the state to form or maintain an LLC. An EIN in particular is always free directly from the IRS, so a charge for "EIN filing assistance" is paying for help filling out a free form, not for the EIN itself. Decide separately for each add-on whether it is worth paying for your situation, rather than accepting a bundle by default.

Annual Report and Ongoing Compliance Costs

After formation, most states require an annual or biennial report to keep the LLC in good standing, and this fee is also set by the state. Based on each state's own published fee, it ranges from $0 in states like Arizona, Delaware, and Ohio to $500 a year in Massachusetts, with many states in the $25 to $100 range. This is a separate, recurring state charge, distinct from any registered agent subscription fee a provider charges, so a provider's price for "ongoing service" should make clear whether it includes filing your annual report or only reminding you to file it yourself.

What to Check Before You Sign Up

Before paying for any formation offer, confirm four numbers: the state's own filing fee (check your state's Secretary of State site directly), the provider's service fee for year one, the provider's renewal price starting in year two, and whether the annual report filing itself is included in that renewal price or billed as an extra. Reading the order summary line by line before checkout, rather than only the advertised headline price, is the most reliable way to see the full cost.

How LLC Register compares

LLC Register charges $99 a year for registered agent service, the same price at renewal. LLC formation in year one and annual report filing every year are included (most providers charge $99–$199 a year extra for annual report filing). State fees are passed through at cost and shown before checkout.

Practical Considerations

A Lower Upfront Price Can Mean a Higher Total Cost

A free or heavily discounted first year is only a good deal if the renewal price that follows is still reasonable. Compare the full first two years of cost across offers you are considering, not just the advertised introductory number.

State Fees Are Public Information

You do not have to take a provider's word for the state filing fee or the annual report fee; every state publishes these on its own Secretary of State or filing agency website. Checking the state's own fee schedule before you pay lets you confirm a provider is passing the fee through at cost rather than marking it up.

Expedited Processing Is Usually a State Fee, Not a Provider Fee

When a provider charges extra for faster processing, that extra charge is often the state's own expedited-service fee, which is available to anyone who files directly with the state as well. Confirm whether the "rush" charge is the state's fee or an additional markup from the provider.

An Operating Agreement Is Not Filed With the State

An operating agreement is an internal document and, in most states, is not submitted to the Secretary of State at all. A template sold as an add-on may be convenient, but it is not a required state filing, and free templates are also widely published by state bar associations and the SBA.

This Is Not Legal or Tax Advice

Which add-ons are worth paying for depends on your specific business and state requirements. Talk to a tax professional before deciding how to structure ongoing compliance costs, especially if the LLC will operate in more than one state. None of this changes the one fact that stays true across every state and every provider: the state's own filing fee and annual report fee are fixed by law, so the only number that actually varies between offers is the provider's own markup on top of them.

Related Resources

  • How to Evaluate LLC Formation Service Reviews

    Learn how to evaluate LLC formation service reviews, spotting fake ratings, incentivized testimonials, and FTC-prohibited review practices.

  • How Much Does a Registered Agent Cost?

    See what a registered agent costs, from free self-service to state change fees and paid annual service, with real state fee examples.

  • How Much Does It Cost to Form an LLC?

    See what forming an LLC costs, including state filing fees, registered agent costs, EIN fees, and ongoing annual report requirements.

Sources

The official sources used for this article.

Montana Secretary of State: Business filing fees

sosmt.gov/business/fees

Massachusetts Secretary of the Commonwealth: Corporations Division fee schedule

sec.state.ma.us/divisions/corporations/download/Fee_Schedule.pdf

IRS: Apply for an EIN online

irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

FTC: The Consumer Reviews and Testimonials Rule, Questions and Answers

ftc.gov/business-guidance/resources/consumer-reviews-testimonials-rule-questions-answers

Created by: LLC RegisterLast reviewed October 5, 2026

Updated: October 5, 2026

Frequently Asked Questions

Is LLC formation ever actually free?

The state's own filing fee is never free or waived; it ranges from $35 in Montana to $500 in Massachusetts and is paid to the state regardless of who submits the paperwork. 'Free' formation offers waive only the provider's own service fee, not this state charge.

What is the LLC state filing fee, and does it vary by state?

Yes, significantly. Based on each state's own published fee schedule, LLC filing fees range from $35 in Montana to $500 in Massachusetts, with most states falling between $50 and $200.

Why did my registered agent price go up at renewal?

Many providers advertise a discounted or free first-year price bundled with formation, then renew the registered agent service at its regular published price starting in year two. Check the renewal price before signing up, since that is the price you will pay in most years.

What upsells should I watch for at checkout?

Common add-ons include expedited state processing, an EIN filing service, an operating agreement template, a banking resolution, and compliance alerts. None are required by the state; an EIN in particular is always free directly from the IRS.

Form your business with LLC Register

$99 a year for a registered agent, with LLC formation in year one and annual report filing included. State fees are passed through at cost.

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