How to Start a Business in Kansas

Are you considering starting a business in Kansas? If so, you’ve made a wise decision! Not only is the cost of living low at 12% below the national average, but it’s also home to over 86,000 new businesses that have opened their doors in the last three years. Reports from the US Small Business Administration show that there are now more than a quarter million active small businesses in the state. Furthermore, starting a business is easy and affordable, with reasonable state filing fees. Kansas is one of the rare states where the fee for starting a Corporation is actually lower than the fee to start an LLC: Corporations cost $90 while LLC cost $160. Whether you plan to do business in big cities like Wichita, Overland Park, and Topeka or smaller cities like El Dorado, Lansing, and Fort Riley, this guide can help you start your business in Kansas.

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1. Research and Plan your Business

When looking to start a business in Kansas, a crucial first step is to thoroughly research your business idea and develop an initial plan. Conducting due diligence before taking any action is imperative and essential to the success of your venture. To understand what it takes for your Kansas business to thrive, you’ll want to engage in preliminary market research and in-depth competitive analysis. Your research should provide insight into who constitutes the target customers for your products or services, identify your competitors, and offer measures for providing unique solutions.

Once you have relevant preliminary research, you can use it as a building block for creating your business plan. Writing a business plan is a pivotal step that will guide you through the initial stages of launching and growing your business. Even if you feel that you know your business idea inside and out, creating a formal business plan should not be undervalued as a study by the Harvard Business Review revealed that entrepreneurs who had a formal business plan were 16% more likely to succeed than those that did not create a plan.

Additional Information:Master the Art of Writing a Successful Business Plan

2. Choose a Business Structure

Now it’s time to select a legal structure for your business. Take into account the level of personal liability risk you are comfortable with, the desired tax status, and your source of capital. There are four common types of business structures to consider:

• Limited Liability Company (LLC)
• Corporation
• Sole Proprietorship
• Partnership

Limited Liability Company (LLC)

Limited Liability Companies (LLCs) are the most popular type of formal business entity. LLCs offer protection to their members’ personal assets in case of legal action or any outstanding business debts. For small business owners wanting tax advantages and flexibility, LLCs, by default, have pass-through taxation and offer the flexibility to choose C-Corporation or S-Corporation taxation.

Additional Information:What is a Limited Liability Company (LLC)?

Corporation

Corporations offer a great option for business owners seeking legal separation from their businesses. Shareholders own a percentage and receive stock representing their ownership interest. While there are advantages like extra liability protection, there are also disadvantages such as higher tax rates. Consider tax implications and other factors before deciding to set up a corporation to protect your business and assets.

Additional Information:A Detailed Explanation of Corporations

Sole Proprietorship

If you’re beginning your entrepreneurial journey as a solo business owner in Kansas, registering as a sole proprietorship is the best way to go. Its simplicity makes it a great option; you only need to obtain the necessary business licenses and permits essential to your business. Though keep in mind- with this ease and affordability, there’s a catch: sole proprietorships are deemed indistinguishable as a separate entity from their owner. If the business becomes liable for any debt or lawsuit, your personal assets are at risk to cover the expense. Having unlimited personal liability can be a concern for many, but considering the benefits of getting an affordable and quick start without rigid regulations, it’s a decent trade for the drawback.

Additional Information:Pros and Cons of starting as a Sole Proprietorship

Partnership

If you start a business with two or more owners, a general partnership might be the easiest way to structure it. Like LLCs, general partnerships also get pass-through taxation, meaning you pay your taxes based on the profits or losses of the business. Since the company isn’t a separate entity in the eyes of the law, a general partnership is considered an informal structure, much like a sole proprietorship. However, remember that you and your partner(s) are personally responsible for anything that goes wrong with the business. To summarize, a general partnership may be the right choice to form a company with someone else with as little cost and complexity as possible. But just be aware of the unlimited liability that comes with it.

Additional Information:A Guide to Understanding Partnerships

3. Choose your Business Name

Choosing a name for your Kansas business is one of the most important parts of planning, and it can often be one of the most difficult too. Once you have named your business and started to grow it, it’s not easy to make a name change. The name that you choose can affect how you’re seen, so it’s worth taking your time.

If you’re finding it hard to think of a good name for your business, there are three key things to keep in mind:

• Choose a name that creates an identity for your business
• Pick something memorable
• Use a name that’s easy for people to search for online and find elsewhere

For more tips visit our guide: How to Create a Great Business Name.

4. Register your Business

After deciding which business structure is best for your Kansas business, the next step is to officially register your business. The steps for registering a business name in Kansas depend on which business structure you have chosen. Keep reading to find out how to register your preferred business type.

• Register a Kansas LLC
• Register a Kansas Corporation
• Register a Kansas Sole Proprietorship
• Register a Kansas Partnership

Register a Kansas LLC

To register your LLC in Kansas, you need to file Articles of Organization (DL 51-09) with the Kansas Secretary of State, which has a state filing fee of 160. Check that the name you want is available before you register your business. You can do this by searching the Business Entity Database on the Kansas Secretary of State website. When you have done that, you can file the Articles of Organization (DL 51-09). You will need to provide several details, including the business’s name, address, and owner contact information. You will also need to designate a Kansas registered agent. At this stage, it’s also a good idea to create an operating agreement for your business.

Register a Kansas Corporation

To form a Corporation in Kansas, you need to file Articles of Incorporation with the Kansas Secretary of State. The fee for this filing is 90. Another necessary step is to appoint a registered agent for your Corporation. You should also consider creating a corporate bylaws document to outline how your business will operate.

Register a Kansas Sole Proprietorship

If you plan to start your business as a sole proprietor in Kansas, there’s no need to file any formal papers at the state level. You will be required to obtain all required federal, state, and local permits and business licenses, which we cover in step 7 of this guide below. When it comes to registration of your business name there is no process to file an informal business name in Kansas like most states where a sole proprietor can file for a DBA name. As a result you’ll have very little recorse if another business attempts to use your business name or someone starts a formal business like an LLC or Corporation using your name. As a result you may want to consider using a formal structure like an LLC or Corporation to protect your business name.

Register a Kansas Partnership

General partnerships aren’t required to formally file formation paperwork in Kansas, but you will be required to obtain all applicable licenses and permits. In terms of registration of a business name, the official name of a general partnership should include the partners names. If you want to operate under a different name for branding purposes, you’ll want to file a “General Partnership Statement of Partnership Authority” form with the Kansas Secretary of State. A partnership agreement document is also useful to create at this stage, helping you and your business partner to agree on how the business will operate.

5. Get an EIN

An EIN is an acronym that stands for Employer Identification Number. It is issued by the IRS for the purpose of filing taxes and employment. If you run a business that is organized in the form of a Corporation, Partnership, or LLC you must obtain an EIN. Even if your business is not required to do so, you should look into getting an EIN as it is useful for numerous business filings.

6. Register for Kansas Sales and Use Tax

If your business has a Kansas sales tax nexus, you sell taxable goods or services to Kansas residents, or if your buyers have to pay sales tax, you’ll need to collect and remit sales tax in Kansas. To ensure you comply with state and local laws, you must effectively manage the taxes you collect. Neglecting this responsibility can lead to penalties and interest charges.

How to Know if you need to collect Sales Tax in Kansas?

The guidelines of the Kansas Department of Revenue require all individuals conducting business activities in Kansas to obtain a Sales and Use Tax Permit. Any retailer who meets one or more of the following criteria is subject to the state’s tax collection requirements:

• Maintains an office, distribution house, sales house, warehouse, or other places of business, either permanently or temporarily, directly or indirectly through a subsidiary, agent, or representative.
• Utilizes an employee, independent contractor, or other person operating in the state for various business activities such as selling, delivering, installing, assembling, servicing, repairing, soliciting sales, or taking orders for tangible personal property.
• Enters the state to perform specified services, such as contractors, repair persons, or other service providers, and is required to secure a retailer’s sales tax registration certificate before performing those services.
• Derives rental receipts from leasing tangible personal property located in the state.
• Maintains a stock of tangible personal property in the state for sale in the ordinary course of business.
• Has any other contact with the state that would allow the state to require the retailer to collect and remit taxes under the provisions of the United States Constitution and laws.

Businesses that do not have a physical presence in Kansas can establish economic nexus if during the current or previous calendar year, the retailer had more than $100,000 of cumulative gross receipts from sales to customers in Kansas.

For more detailed information visit the Kansas Department of Revenue page or contact a qualified Kansas tax professional.

7. Apply for Kansas Business Licenses and Permits

To ensure legal compliance with federal, state, and local laws, it is important for your business to obtain one or more business licenses and/or permits. The specific licenses and permits required will vary depending on various factors, such as the nature of your business, the products and services you offer, the data you collect, and your location. It is crucial to understand and adhere to these requirements to operate your business smoothly and within the bounds of the law.

Federal Licenses and Permits

Your business may need a license or permit to operate legally if your business is involved in an activity that is regulated at the federal level, such as:

• Agriculture
• Alcoholic beverages
• Aviation
• Firearms, ammunition, and explosives
• Fish and wildlife
• Commercial fisheries
• Maritime transportation
• Mining and drilling
• Nuclear energy
• Radio and television broadcasting
• Transportation and logistics

For more detailed information on federal business licenses and permits visit the Small Business Administration: Federal Licenses and Permits page.

State and Local Licenses and Permits

Kansas does not issue a general business license at the state level, but local licenses are often required.For more detailed information visit the Kansas.Gov Business License page.

8. Open a Business Bank Account

You should try to create a separation between your personal finances and your business finances. If your personal financial activity is routinely mixed up in your business activity, it could place your personal assets in jeopardy. Since banking activity is monitored and recorded, any such events will not be hard to find. This activity is known as “co-mingling funds” and can result in serious consequences for your business.

Co-mingling funds could result in the loss of your company’s limited liability status. This can result in creditors being able to go after both your business and personal assets. Furthermore, it even makes accounting for yourself, and your business that much more challenging since a significant portion of resources will be dedicated to determining which transaction is in a personal capacity and which one is for the business.

Opening a bank account specifically for your business can protect you from such consequences down the road. To gain more insight on the issue, read through our detailed how-to guide on opening a business bank account. It covers, among other things, matters such as which bank to choose and what documents will be required.

9. Set Up Credit Card Processing

It is now expected for most businesses to recognize and accept payments through credit and debit cards. Around 60% of all transactions over $10 are through a credit or debit card. As a result, your business must accept card payments to if you want to maximize your businesses revenue.

For more information, visit our guide on the topic:How to Accept Credit Card Payments

10. Establish an Accounting System

One of the biggest mistakes new businesses make is improper or non-existent accounting. Having an accounting system setup from day one of your business is the sensible thing to do. It can offer you incredible returns on top of recording financial information. Managers and owners need good data to make prudent financial decisions. A good accounting system does just that. It streamlines that business’s finances and offers incredible insight into business performance.

A modern and efficient accounting system allows you to draft budgets with great ease, control cash flow, and produce the required financial reports to have maximum control over your business’ financial operations. For more detailed instructions on the subject, you can consult our Small Business Accounting 101 guide. It walks you through the steps required to do small business accounting, plus much more.

11. Get Business Insurance

Business insurance, much like regular insurance, is something that many people treat as a burden until the day that they end up needing it. It is only logical that you safeguard the thing you’ve worked so hard to build. Proper insurance mitigates risk on the off chance that an accident, natural disaster, or lawsuit strikes your business.

Go over the variety of insurance you might need for your business in our Small Business Insurance Guide,and make certain that you’re protected.

12. Hire Employees and Set Up Payroll

As the business grows, you may need extra help to run it smoothly. As such, you’ll have to hire employees and set up a payroll. It is your responsibility as an employer to report freshly hired employees and verify your employment status.

There are two items that employers must complete to be federally compliant when hiring new employees. You must verify that any employee is eligible for employment in the US and obtain a signed IRS Form W-4 to ensure you are withholding the correct amount for federal taxes. For more detailed information, visit the IRS page for Businesses with Employees.

Since Kansas has a state level income tax, you’ll need to withhold taxes from your employees and remit them to the state. In addition to this you’ll also need to register for unemployment insurance. Luckily in Kansas both of these registrations are done with the Kansas Department of Revenue. For more specific information about your requirements as an employer in Kansas visit the KCSourceLink: Hiring Employees page for more info.