USA LLC

The 12 Most Common Mistakes Founders Make Forming an LLC

And how to avoid every one of them.

Aug 4, 2025 8 min read Entity Makers Editorial Team USA LLC

Formation mistakes

  • Forming in the wrong state — usually New Mexico for a business that then can't get banked
  • Naming the entity too close to an existing trademark
  • Skipping the Operating Agreement
  • Using a residential home address as business address

Tax mistakes

  • Missing Form 5472 — automatic $25,000 penalty per year
  • Filing state annual reports late
  • Not electing S-Corp when income exceeds ~$60k (US residents)

Banking and payment mistakes

  • Applying to Stripe with a half-built website
  • Using inconsistent addresses across bank, entity and website
  • Opening multiple bank applications on the same day

Compliance mistakes

  • Missing BOI filing at FinCEN
  • Not filing BOI changes within 30 days of an address or ID update
  • Ignoring registered-agent mail

Frequently asked questions

Missing Form 5472. It is a flat $25,000 IRS penalty even if you owe no tax.
EM
Written by
Entity Makers Editorial Team
Business Formation Specialists

Entity Makers is a team of business formation specialists helping entrepreneurs worldwide establish USA LLCs, UK LTD companies, business bank accounts, payment gateways, and global eCommerce businesses. Our content is written by experienced professionals with expertise in company formation, compliance, taxation, and international business expansion.

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