How to Start a Business in Kentucky

Here's an overview of the key steps you'll need to take to start your own business in Kentucky.

1. Choose a Business Idea

Take some time to explore and research ideas for your business. At this stage, consider your own interests, skills, resources, availability, and the reasons you want to form a business. You should also consider the likelihood of success based on the interests and needs of your community. Read our article for more tips on how to evaluate business ideas.

After you select an idea, consider drafting a business plan to evaluate your chances of making a profit. When you create a plan, you will have a better idea of the startup costs, your competition, and strategies for making money. Typically, investors and lenders will ask to review your business plan before providing financial assistance. To learn more about the benefits of business plans and how to create one for your enterprise see Why You Need to Write a Business Plan.

2. Decide on a Legal Structure

The most common legal structures for a small business are:

• sole proprietorship
• partnership
• limited liability company (LLC), and
• corporation.

There also are special versions of some of these structures, such as limited partnerships and S corporations. You'll want to consider which business entity structure offers the type of liability protection you want and the best tax, financing, and financial benefits for you and your business. Read our article for information on how to choose the best ownership structure for your business.

3. Choose a Name

For LLCs and corporations, you will need to check that your name is distinguishable from the names of other business entities already on file with the Kentucky Secretary of State (SOS). You can check for available names by doing a name availability search on the SOS website. You can reserve an available name for 120 days by filing a Reservation or Renewal of Reserved Name. You can also renew a name reservation. There are certain name requirements for LLCs and corporations (like including a word such as "L.L.C." for LLCs or "Company" for corporations). See How to Form an LLC in Kentucky and How to Form a Corporation in Kentucky for more information.

If your business is a partnership that uses a business name that's different from the surnames of the individual partners, you must file a Certificate of Assumed Name with the SOS. If your business is a sole proprietorship that uses a business name that's different from your legal name, you must file the Certificate of Assumed Name with the county clerk in the county where you are a resident.

If you plan on doing business online, you may want to register your business name as a domain name. See Choose and Register a Domain Name for more information. In addition, to avoid trademark infringement issues, you should do a federal and state trademark check to make sure the name you want to use is not the same as or too similar to a name already in use. See How to Do a Trademark Search for more information.

4. Create Your Business Entity

• Sole proprietorship: To establish a sole proprietorship in Kentucky, you don't need to file any organizational documents with the state. For more information, see How to Establish a Sole Proprietorship in Kentucky.
• Partnership: To create a general partnership in Kentucky, you don't need to file any organizational documents with the state. Although not legally required, all partnerships should have a written partnership agreement. The partnership agreement can be very helpful if there is ever a dispute among the partners. For more information, see How to Form a Partnership. To form a limited liability partnership (often used by professionals), you must file a Statement of Qualification with the Kentucky SOS. For more information, see Why Choose a Limited Liability Partnership (LLP)?.
• LLCs: To create an LLC in Kentucky, you must file Articles of Organization with the Kentucky SOS. You will also need to appoint a registered agent in Kentucky for service of process. In addition, while not required by law, you also should prepare an operating agreement to establish the basic rules about how your LLC will operate. The operating agreement is not filed with the state. For more information, see How to Form an LLC in Kentucky and How to Form a Professional LLC in Kentucky (for professionals).
• Corporations: To create a corporation in Kentucky, you must file Articles of Incorporation with the Kentucky SOS. You will also need to appoint a registered agent in Kentucky for service of process. Although not legally required, you also should prepare bylaws to establish your corporation's internal operating rules. Bylaws are not filed with the state. S Corporations must also file IRS Form 2553, Election by a Small Business Corporation, with the IRS. For more information, see How to Form a Corporation in Kentucky.

5. Apply for Licenses and Permits

Tax Registration. If you will be selling goods in Kentucky, you must register with the Department of Revenue (DOR) to collect sales tax. If your businesses will have employees, you must register with the DOR for employer withholding taxes. You can register for both types of tax, as well as other business taxes, online at Kentucky's One Stop Business Portal.

EIN. If your business has employees or is taxed separately from you, you must obtain a federal Employer Identification Number (EIN) from the IRS. Even if you are not required to obtain an EIN, there are often business reasons for doing so. Banks often require an EIN to open an account in the business's name and other companies you do business with may require an EIN to process payments. You can get an EIN by completing an online application. There is no filing fee.

Regulatory licenses and permits. Kentucky does not have a general business license issued by the state. However, many types of businesses either can or must get one or more licenses or permits. Kentucky sometimes refers collectively to all of these licenses and permits as "occupational." Regulatory licenses and permits may cover particular types of business services, the sale of particular products, health and safety, and the environment, among other things. For help figuring out which state regulatory licenses and permits may apply to your particular business, check the Occupational Licenses/Permits section of the Kentucky One Stop Business Portal. For information about local licenses and permits, check the websites for any cities or counties where you will do business.

Professional and occupational licenses. These cover people who work in various fields. The Occupational Licenses/Permits section of the Kentucky One Stop Business Portal lists many—though not all—of these professions and occupations.

6. Pick a Business Location and Check Zoning

You'll need to pick a location for your business and check local zoning regulations. Before you commit to a location, calculate the costs of running your business in the desired spot, including rent and utilities. You can refer back to your business plan to evaluate whether you can afford your desired location during your company's early months.

It is important to verify that the spot is zoned for your type of business. You might find zoning regulations for your town or city by reviewing your local ordinances and contacting your town's zoning or planning department. Read our article for more tips on picking a location.

One alternative to opening your business at a new location is running your company out of your home. If you decide to run a home-based business, again check your local zoning laws. In addition, review your lease (if you rent your home) and homeowners association rules (if applicable), either of which might ban some or all home businesses.

7. File and Report Taxes

Kentucky taxes every kind of business. This includes a relatively unusual Limited Liability Entity Tax (LLET). See Kentucky State Business Income Tax for more information on state business taxes in Kentucky.

Sole proprietorships. Pay state taxes on business income as part of their personal state income tax returns (Form 740).

Partnerships. Partners pay state taxes on partnership income on personal tax returns. In addition, Kentucky partnerships also must file some version of Form 765. Limited Partnerships and Limited Liability Partnerships are liable for the LLET.

LLCs. Members pay state taxes on their share of LLC income on personal tax returns. In addition, LLCs themselves have to file an additional state tax form. The specific form used will depend on how the LLC is classified for federal tax purposes. LLCs are liable for the LLET. Kentucky LLCs also are required to file an annual report with the Kentucky SOS. See Kentucky LLC Annual Filing Requirements for more information.

Corporations. Shareholders must pay state taxes on their dividends from the corporation. A shareholder-employee with a salary also must pay state income tax on his or her personal state tax return. Moreover, the corporation itself is subject to Kentucky corporation taxes and the LLET. And, finally, corporations must file an annual report with the Kentucky SOS.

If you have employees, you must also deal with state employer taxes.

And, apart from Kentucky taxes, there are always federal income and employer taxes. Check IRS Publications 334, Tax Guide for Small Business, and 583, Taxpayers Starting a Business.

8. Obtain Insurance

Business insurance can protect your company and personal assets from the fallout of unexpected disasters, such as personal injury lawsuits or natural catastrophes. An insurance agent can help you explore the different coverage options, which might include general liability insurance to protect your business against claims relating to bodily injury or property damage. To learn more, see Nolo's article, What Types of Insurances Does Your Small Business Need?

9. Open a Business Bank Account

No matter the type of business you form, you should consider opening a separate business account to make it easier to track your income and expenses. For some business types, like LLCs and corporations, a separate bank account is necessary to maintain your liability protection. To learn more, see Opening a Business Bank Account.