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How to Form an LLC to Sell on Amazon: A Step by Step Guide for 2026

An LLC is one of the first things new sellers ask about, usually before they've picked a product. The short version: you can open an Amazon seller account without one, and an LLC won't make you money. What it does is separate your business from your personal assets and make the boring parts of running a store, banking, taxes, supplier contracts, much cleaner. Here's how the process actually works, and when it's worth doing.

You don't need an LLC to open a seller account

Amazon lets you register as an individual. During signup you choose your business type, and "None, I am an individual" is a valid answer. You'll provide your legal name, address, a government issued ID, a bank account and a credit card. That's it. Millions of accounts run this way.

If you're still testing whether ecommerce is for you, staying a sole proprietor for the first few months is reasonable. You avoid state filing fees, annual reports and a separate tax filing while you're figuring out whether you'll actually list a product.

The tradeoff: as a sole proprietor, there's no legal line between you and the business. A product liability claim, an unpaid supplier invoice or a lawsuit reaches your personal bank account and, depending on your state, other personal assets. That's the risk the LLC is designed to address.

What an LLC actually does, and what it doesn't

An LLC creates a legal entity separate from you. Debts and claims against the business generally stop at the business, as long as you keep the two genuinely separate. That protection is the main reason to form one.

It also makes you look like a real company to the people you deal with. Some suppliers, especially domestic wholesalers and brand owners, want to sell to a business with an EIN and a resale certificate, not to a person. Opening a business bank account is simpler. Applying for a Brand Registry trademark down the road is cleaner under an entity name.

What an LLC does not do:

  • It doesn't lower your taxes by itself. A single member LLC is a disregarded entity by default, so profit lands on your personal return the same way it would as a sole proprietor. An S corp election can change that later, but only once profit is high enough to justify payroll and extra accounting.
  • It doesn't protect you if you ignore the formalities. Paying personal bills from the business account, or vice versa, is how courts get talked into ignoring the entity.
  • It doesn't replace insurance. Amazon requires commercial liability coverage once your sales cross the threshold in the business services agreement, and the LLC is not a substitute for that policy.
  • It doesn't get you approved faster, better search placement, or any advantage inside Amazon's algorithm.

Which state to file in

For most beginners, the answer is the state you live in. You'll hear a lot about Wyoming, Delaware and Nevada. Those states are genuinely useful for companies raising outside investment or holding assets across many states. For a one person Amazon business run from a spare bedroom, forming out of state usually creates work instead of saving it.

Here's why. If you form a Wyoming LLC but you operate from Ohio, Ohio generally considers you to be doing business there, which means registering as a foreign LLC in Ohio anyway. Now you have two states to keep in good standing, two sets of annual filings, and a registered agent you're paying in a state you never visit. You still pay Ohio income tax, because you live in Ohio.

Form where you live unless a tax professional who knows your situation tells you otherwise. The exception worth mentioning: if you live outside the United States and sell on amazon.com, state choice is a real decision, and it's worth getting advice rather than copying a YouTube video.

The actual steps, in order

The whole process is usually done online through your Secretary of State's website. Filing fees vary widely by state, so check the fee schedule on the official site rather than trusting a number you read somewhere. Beware of sites that look official and charge a markup: the state's own site is the one ending in .gov.

Step one: pick a name and check availability. Every state has a free business entity search. Your name has to be distinguishable from existing entities and include an identifier like LLC or L.L.C. Keep it broad. Naming your company after a single product is a decision you'll regret when you expand into a second category.

Step two: appoint a registered agent. This is the person or service that receives legal documents for your company during business hours. You can usually be your own agent if you have a physical street address in the state, but your address becomes public record. Paid services solve that for an annual fee.

Step three: file your articles of organization. This is the formation document, sometimes called a certificate of formation or certificate of organization. It asks for the name, the registered agent, the address and the members. Approval can be same day in some states and take a couple of weeks in others.

Step four: write an operating agreement. Most states don't require one, and you should still have it. It records who owns what, how profits are distributed and what happens if you bring in a partner. For a single member LLC it also helps demonstrate that the entity is real and separate from you. Banks sometimes ask for it.

Step five: get an EIN from the IRS. This is free, done online at irs.gov, and takes minutes. Never pay a third party for it. You'll need it for your bank account, your Amazon tax interview and your supplier paperwork.

Step six: open a business bank account. Bring the approved articles, the EIN letter and your ID. From this point forward, every dollar the business earns and spends moves through this account. This single habit is what keeps liability protection intact.

Step seven: handle state and local registration. Depending on where you are, that can mean a sales tax permit, a general business license from your city or county, and a resale certificate if you buy inventory for resale. Amazon collects and remits marketplace facilitator sales tax in every state that has it, but that does not always remove your own registration obligations, especially if you sell anywhere else.

Connecting the LLC to your Amazon account

If you haven't registered yet, do the LLC first and sign up as a business. You'll enter the legal entity name exactly as it appears on your formation documents, the business address, the EIN, and information on beneficial owners. Amazon verifies this against public records, so a typo or an abbreviation that doesn't match will slow you down.

If you already have an individual account, you don't need a new one. Amazon lets you update the legal entity in Account Info under Seller Central settings. You'll upload the formation document and redo the tax interview with the EIN. Expect a verification review. Opening a second account instead is a fast way to get both suspended.

One detail people miss: the name on your bank account, your formation documents and your Seller Central profile should match. Verification teams compare them literally.

What you owe after the LLC exists

Formation is a one time event. Staying in good standing is ongoing, and letting it lapse quietly undoes everything you paid for.

Most states require an annual or biennial report, sometimes with a franchise tax or minimum fee attached. Miss it and the state can administratively dissolve your LLC, which means no more liability shield and, eventually, a suspended Amazon account when the entity fails verification.

Federal beneficial ownership reporting rules have changed more than once since the Corporate Transparency Act took effect, so check FinCEN's current guidance rather than an old article when you form.

On the bookkeeping side, set up accounting from day one. A single member LLC reports business activity on Schedule C with the personal return, and clean records are what make that painless in April. Keep receipts for inventory, Amazon fees, shipping and software.

The mistake that costs the most

Sellers spend weeks comparing registered agents and states, then launch a product nobody searches for. The entity is administrative. It doesn't affect whether your product sells.

Get the LLC done in a week and spend the rest of your energy on the part that actually determines the outcome: whether there's demand for what you want to sell, whether the category is dominated by entrenched brands, and whether the unit economics survive Amazon's referral fee, FBA fulfillment, shipping from your supplier and an ad budget.

Run the numbers before you order inventory, not after. A product that looks profitable at a $25 retail price often isn't once fees and landed cost are subtracted, and that's a calculation you can do in a few minutes.

Frequently asked questions

Can I sell on Amazon without an LLC?
Yes. Amazon accepts individual sellers, and you can register with your legal name, ID and personal bank account. You'd be operating as a sole proprietor, which means no legal separation between you and the business. Many sellers start that way and form an entity once they have real inventory and revenue at stake.
Do I need an EIN if I'm a single member LLC?
You're not always required to have one for tax purposes, but get it anyway. It's free from the IRS, takes minutes online, and banks, suppliers and Amazon's tax interview all ask for it. It also keeps your Social Security number off business paperwork.
Should I form in Wyoming or Delaware to save on taxes?
Usually not. You pay income tax where you live, not where you file. If you operate from your home state, that state generally requires you to register as a foreign LLC anyway, so you end up with two sets of fees and filings. Those states make sense for specific situations, not as a default for a first Amazon business.
How long does the whole process take?
Filing approval ranges from same day to a few weeks depending on the state and whether you pay for expedited processing. The EIN is immediate online during IRS business hours. The bank account is usually one visit or one online application. Amazon's verification of the updated entity adds its own review time.