Alabama vs Kentucky LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Alabama charges $200 to form an LLC; Kentucky charges $40. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, Alabama runs about $410 less in total state fees than Kentucky. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
Kentucky imposes an entity-level annual tax on every LLC ($175 minimum). Alabama does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.
On speed, Kentucky typically clears standard online filings faster than Alabama. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- Kentucky costs $160 less to form ($40 vs $200).
- Alabama is $190 per year cheaper to maintain ($100 vs $290).
- Alabama has no annual report filing at all. Kentucky requires an annual (or biennial) report every reporting period.
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
What each state offers that the other does not
Only Alabama
- No annual report
Both states
- Online filing
- No publication requirement
- Operating agreement not statutorily required
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in Alabama, business operates there No foreign LLC registration needed. You pay Alabama fees only. | $300 | $100 | $500 |
| You live in Kentucky, business operates there No foreign LLC registration needed. You pay Kentucky fees only. | $330 | $290 | $910 |
| Non-resident forming in Alabama with operations elsewhere You pay Alabama's fees plus a typical home-state foreign LLC registration of about $200 per year. | $500 | $300 | $1,100 |
| Non-resident forming in Kentucky with operations elsewhere You pay Kentucky's fees plus a typical home-state foreign LLC registration of about $200 per year. | $530 | $490 | $1,510 |
Alabama vs Kentucky: full comparison
| Dimension | Alabama | Kentucky |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 3 business days | 1 business day |
| Expedited option Neither state offers paid expedite | Not offered | Not offered |
| Annual report Required in addition to tax | None | Required, $15 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | $175 minimum |
| State income tax On pass-through LLC income at member level | Yes | Yes |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $150 | $90 |
| State sales tax General statewide rate | 4.0% | 6.0% |
Taxes in Alabama and Kentucky
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
Alabama tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.5%.
Kentucky tax
$175 minimum annual tax (gross-receipts-or-gross-profits basis). State income tax applies to member-level pass-through income. Corporate rate 5.0%.
Ongoing compliance
The recurring filings each state requires after formation.
Alabama
No annual state filing. Registered agent required in Alabama.
Kentucky
Annual report $15, due 06/30 each year. Registered agent required in Kentucky.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
Alabama
- Check business-name availability on the Alabama entity search.
- Appoint a registered agent with a physical Alabama street address.
- File Domestic Limited Liability Company Certificate of Formation for $200.
- Wait for approval. Online typically 3 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Alabama statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- No annual state filing required in Alabama.
Kentucky
- Check business-name availability on the Kentucky entity search.
- Appoint a registered agent with a physical Kentucky street address.
- File Articles of Organization for a Profit Limited Liability Company (Form KLC) for $40.
- Wait for approval. Online typically 1 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Kentucky statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $15 when it comes due.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both Alabama and Kentucky (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Alabama or Kentucky does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
Alabama Secretary of State, Business Entities Division
- Website
- www.sos.alabama.gov
- Phone
- (334) 242-5324
- business.services@sos.alabama.gov
- Business Entities Division, P.O. Box 5616, Montgomery, AL 36103-5616
- Office
- RSA Plaza, Suite 580, 770 Washington Ave., Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Kentucky Secretary of State, Business Filings
- Website
- www.sos.ky.gov/bus
- Phone
- (502) 564-3490
- Business Filings, Kentucky Office of the Secretary of State, P.O. Box 718, Frankfort, KY 40602-0718
- Office
- Room 154, Capitol Building, 700 Capital Avenue, Frankfort, KY 40601
- Hours
- 8:00 AM to 4:30 PM Eastern, Monday to Friday
Alabama Department of Revenue
- Website
- www.revenue.alabama.gov
- Phone
- (334) 242-1170
- Alabama Department of Revenue, P.O. Box 154, Montgomery, AL 36135-0001
- Office
- 375 S. Ripley Street, Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Kentucky Department of Revenue
- Website
- revenue.ky.gov
- Phone
- (502) 564-4581
- 501 High Street, Frankfort, KY 40601
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Alabama or Kentucky?
Kentucky is cheaper at formation ($40) than Alabama ($200). Ongoing costs are also different: $290 vs $100 per year. Total over three years: $910 vs $500.
-
Can I form an LLC in Alabama if I live in Kentucky?
Yes, but your Kentucky business will almost certainly need to register as a foreign LLC in Kentucky too, which means paying Kentucky's foreign registration fee and any ongoing Kentucky obligations on top of the Alabama ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in Alabama vs Kentucky?
Alabama online: 3 business days; Kentucky online: 1 business day. Alabama does not offer paid expedite. Kentucky does not offer paid expedite.
-
Which state has lower taxes for an LLC, Alabama or Kentucky?
Alabama: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Kentucky: state income tax applies to member-level pass-through income, plus a $175 minimum entity-level tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Alabama and Kentucky both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
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Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Alabama or Kentucky to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More Alabama and Kentucky comparisons
More Alabama vs ...
Sources
- Filing fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page lists the domestic LLC Certificate of Formation filing fee as $200.00. The $200 consists of a $100 Secretary of State fee plus a $100 county filing fee distributed to the county of the registered agent, per the form instructions. - Filing fee: www.alabamainteractive.org/sos/introduction_input.action · verified April 21, 2026
When filed online through Alabama.gov (Alabama Interactive), the domestic LLC filing shows $100 Secretary of State Fee + $100 County Fee plus an $8 portal processing fee for non-subscribers, for a $208 total day-one online cost. Filers must also obtain a Certificate of Name Reservation ($25 state fee + $3 online portal fee = $28 online, or $25 by mail) before filing the Certificate of Formation per Ala. Code Section 10A-1-4.02(f). - Expedited filing: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State does not advertise a paid expedite service for LLC Certificates of Formation. Online filings via Alabama.gov typically process within 1 to 3 business days. Recorded as offered: false. - Annual report fee: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama has no separate Secretary of State annual report for LLCs. The annual entity-level filing is the Business Privilege Tax return (Form PPT) filed with the Department of Revenue. Under Act 2022-252 (signed 2022), the BPT minimum was reduced to $50 for tax year 2023 and, for tax years beginning on or after January 1, 2024, entities whose BPT would be only the minimum are fully exempt from BPT and do not have to file a return. See Alabama DOR FAQ: 'For taxable years beginning on or after January 1, 2024, every corporation, limited liability entity, and disregarded entity...who would otherwise be subject to the minimum tax due shall be exempt from the privilege tax.' - Franchise tax: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama Business Privilege Tax per Ala. Code Section 40-14A-22. Historical minimum $100 and maximum $15,000. Under Act 2022-252, entities owing only the minimum are exempt from both tax and return filing for tax years beginning on or after January 1, 2024. We classify BPT as a net-worth-based franchise tax for compare purposes. annualMin reported as 0 because a small LLC typically owes nothing starting 2024; annualMax retains the $15,000 statutory ceiling that still applies to larger entities. - Operating agreement requirement: law.justia.com/codes/alabama/title-10a/chapter-5a/ · verified April 21, 2026
Alabama Limited Liability Company Law of 2014, Ala. Code Sections 10A-5A-1.01 et seq. Section 10A-5A-1.02 defines operating agreement as the agreement of the members, which may be oral, in a record, implied, or any combination. No statute requires a written operating agreement. Recorded as not required. - Foreign LLC registration fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page: Foreign LLC Application for Registration filing fee is $150.00 by mail, or $150.00 (plus Alabama.gov portal service charge) online. Name reservation also required before filing. - Publication requirement: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama does not require newspaper publication of LLC formation. Alabama's LLC Law (Title 10A, Chapter 5A) contains no publication requirement. - Business name search: arc-sos.state.al.us/cgi/corpname.mbr/input · verified April 21, 2026
Alabama Government Records Inquiry System business entity name search. Confirm availability before filing a Name Reservation Request Form for Domestic Entities. - Sales tax rate: www.revenue.alabama.gov/sales-use/tax-rates/ · verified April 21, 2026
Alabama Department of Revenue Sales and Use Tax Rates page. General state sales tax rate is 4%; automotive and farm rates are 2% and 1.5% respectively. State sales tax rate on food and food ingredients was reduced from 3% to 2% effective September 1, 2025. Local option adds up to about 7 additional percentage points (combined rates often 8% to 10%). - Corporate income tax rate: www.revenue.alabama.gov/faq-categories/corporate-income-tax/ · verified April 21, 2026
Alabama corporate income tax FAQ: 'For tax years beginning January 1, 2001, the tax rate is 6.5%.' Alabama has no minimum corporate income tax. The 6.5% rate applies to C-corp income; default-classified LLCs are taxed as pass-throughs and do not owe this entity-level tax. - Filing fee: www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx · verified April 21, 2026
Kentucky Secretary of State Business Filings Fees page: Articles of Organization (domestic LLC) filing fee is $40. Same fee for online filing through FastTrack and mail filings. Payable by cash, check to Kentucky State Treasurer, prepaid account, or debit/credit card. - Expedited filing: www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx · verified April 21, 2026
Kentucky Secretary of State does not offer a separate paid expedited service for Articles of Organization. Online filings through FastTrack typically process within 1 business day (next-business-day for after-hours submissions), which serves as the de facto fastest available pathway. Recorded as offered: false. - Annual report fee: www.sos.ky.gov/bus/business-filings/Pages/Annual-Reports.aspx · verified April 21, 2026
Kentucky Secretary of State Annual Reports page: $15 filing fee, due between January 1 and June 30 each year. Failure to file by June 30 results in administrative dissolution. KRS 14A.6-010 establishes the filing requirement. - Franchise tax: revenue.ky.gov/Business/Corporation-Income-and-Limited-Liability-Entit… · verified April 21, 2026
Kentucky Department of Revenue: Limited Liability Entity Tax (LLET) imposed on all entities afforded limited-liability protection under state law (KRS 141.0401), including LLCs, corporations, S corporations, and limited partnerships. LLET is the lesser of 0.095% of Kentucky gross receipts or 0.75% of Kentucky gross profits, with a $175 minimum. Entities with gross receipts and gross profits both at or below $3M pay only the $175 minimum. Classified here as a franchise-style tax with a flat $175 annual minimum. - Foreign LLC registration fee: web.sos.ky.gov/forms/corp/FBE-Certificate%20of%20Authorization_Foreign… · verified April 21, 2026
Kentucky Form FBE Certificate of Authority for Foreign Business Entity: $90 filing fee. Same fee for online (FastTrack) and mail filings. - Operating agreement requirement: law.justia.com/codes/kentucky/chapter-275/section-275-003/ · verified April 21, 2026
Kentucky Revised Statutes Chapter 275 (Limited Liability Companies) defines an operating agreement as any agreement among members that may be written or oral. No statute requires LLCs to adopt a written operating agreement. Recorded as not required. - Publication requirement: law.justia.com/codes/kentucky/chapter-275/ · verified April 21, 2026
Kentucky does not require newspaper publication of LLC formation. KRS Chapter 275 contains no publication mandate. - Sales tax rate: revenue.ky.gov/Business/Sales-Use-Tax/pages/default.aspx · verified April 21, 2026
Kentucky Department of Revenue: statewide sales and use tax rate is 6% with no local sales tax jurisdictions. The 6% rate applies uniformly across the state. Local occupational license taxes (net profits or payroll) apply separately at the city and county level but are not sales taxes. - Corporate income tax rate: revenue.ky.gov/Business/Corporation-Income-and-Limited-Liability-Entit… · verified April 21, 2026
Kentucky corporate income tax is a flat 5% (KRS 141.040) for tax years beginning on or after January 1, 2018. Applies to C corporations and to LLCs electing corporate tax treatment. Separate from LLET, which applies at the entity level to all limited-liability entities. - Business name search: web.sos.ky.gov/ftsearch/ · verified April 21, 2026
Kentucky Secretary of State Business Entity Search (FastTrack Search). Use before filing Articles of Organization to confirm name availability. - Online filing portal: onestop.ky.gov/Pages/default.aspx · verified April 21, 2026
Kentucky Business One Stop portal, the official state gateway for online LLC formation via the FastTrack filing system. Online filings typically process within 1 business day.