Wisconsin incorporation requires an understanding of the basics of Wisconsin corporation law. The structure of your Wisconsin corporation will be instrumental in the success of your business. It will affect your tax treatment, filing requirements, funding potential and liability obligations.

The ownership plans for your business will help determine how to incorporate in Wisconsin. A traditional corporation is useful to raise money with investors or to allow ownership to employees in the form of shares. However, Wisconsin corporate law requires complex, ongoing paperwork, and taxes on your business income on the corporate and shareholder levels.

Wisconsin LLC registration, on the other hand, is less complicated. Taxation occurs only on one level, which may be an important benefit to your company. The structure is simpler, and can require only two people to incorporate. The options available under Wisconsin corporate law are:

1. Wisconsin incorporation as a stock for-profit corporation.

2. A stock for-profit closed corporation.

3. A limited liability company formed under Wisconsin LLC formation regulations.

4. A limited partnership (LP).

Action Steps
The best contacts and resources to help you get it done

Choose what works when considering Wisconsin incorporation

The decision to form a corporation or partnership depends on your long-term goals. Ownership is easier to divide in a corporation, while partnerships under Wisconsin partnership law are not well-suited for growth or sale and do not offer stock. Taxation is different for both types of entities. And finally, Wisconsin corporation registration requires varying filing of paperwork and fees for each.

I recommend: FindLaw will guide you through picking the entity structure that works for you, or you can use the state of Wisconsin Business Wizard to walk you through a series of simple questions, which will identify what entity is best for you under Wisconsin business corporation law. If you need further advice about incorporating in Wisconsin or Wisconsin partnership law, find corporation lawyers in Wisconsin at the lawyers.com website.

Make your Wisconsin incorporation a reality

Wisconsin corporation and partnership law requires filing certain forms as well as submitting fees. The filing may include an article of incorporation or, for Wisconsin LLC registration, articles of organization. Fees will vary depending on the structure. Incorporating in Wisconsin can be expedited for 24-hour processing with a small fee set by the state.

I recommend: Read the Department of Financial Institutions' Name Availability Guide to learn about the acceptable parameters of naming your company, then use the DFI's Search Corporate Records page to make sure your name isn't already registered. Find the appropriate business entity forms for corporations or LLCs at the DFI's Choose an Entity Type page and the forms for a limited partnership on Wisconsin.gov's Limited Partnership page..

Follow Wisconsin corporation law closely

Wisconsin incorporation laws require specific information to be included in filings. The Wisconsin Business Corporation Act also details requirements regarding shareholders, naming conventions and ongoing administrative requirements under Wisconsin corporate law.

I recommend: Review the statutes related to Wisconsin corporation and partnership law at the DFI's Statutes and Rules page. Determine the requirements for Wisconsin corporate taxes at the Wisconsin Department of Revenue. If in doubt, incorporate using a reputable on line service such as Active Filings and let it take care of the details for you.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Don't forget that once you have incorporated in Wisconsin, your job isn't done. Wisconsin corporate law requires annual reports to be filed to keep your business in good standing.