Incorporate in Indiana for FREE^*

Incorporation is the process of registering a business as a corporation and making it recognizable under law as its own legal entity. Incorporating a business can be a complicated process because each state has its own requirements for registering and operating a business as a corporation. Knowing the necessary steps and forms, however, will help keep you organized and stress-free. 

With our easy business registration service, you simply answer a few questions and we create your initial paperwork and file it with the state for you. The first business entity registration is free for Rocket Legal+ members—you pay only the state filing fees. Then, you can make and personalize all the legal documents you need for your business. Store everything online in your Rocket Lawyer account.

What is a C-Corp? 

A C-Corp, or C-Corporation, is a common business entity type. More specifically, a C-Corp is a corporation taxed under Subchapter C of the U.S. Code. Under Subchapter C, corporations are subject to tax at both the corporate and individual level (sometimes called “double taxation”). Depending on the situation, this may result in lower or higher tax burdens for the shareholders. 

C-Corps allow for anyone to be an investor and for an unlimited number of shareholders and multiple share classes.

As with other types of corporations, C-Corporations provide a common and well-known legal structure for businesses and offer their shareholders some limited liability. Except for certain instances of fraud or misconduct, a shareholder is not liable for the debts or obligations of a corporation beyond the shareholder's investment into the corporation.

Corporations are treated as a C-Corp by default, unless another type of tax treatment is selected, such as an S-Corp.

What is an S-Corp? 

Like C-Corps, S-Corps provide a common and well-known legal structure for businesses and offer their shareholders some limited liability. However, S-Corps have two main differences from C-Corps: they are taxed differently and they have more restrictions with shares.

An S-Corporation, or S-Corp, is an IRS election that allows a company to be treated like an LLC for income tax purposes, that is, as a “pass-through" entity. Instead of income taxes being owed at both the company and individual level, the income of an S-Corp is only taxed at the individual level, which means it passes through the company directly to the owners and shareholders. Again, this may result in lower or higher tax burdens for the shareholders depending on the situation.

S-Corps have more restrictions regarding shares and shareholders than C-Corps. Specifically, S-Corps can have no more than 100 shareholders, only one class of shares, and only U.S. residents or citizens as investors.

One area of common confusion is what type of entity can elect S-Corp status. Remember that this election is simply a tax choice, not a governance or legal structure choice. Both limited liability companies (LLCs) and corporations can choose S-Corp status if they qualify under the IRS's guidelines.

There are similarities between an Indiana S-Corp and a C-Corp regarding personal liability, management, structure, and compliance. The differences in Indiana, however, come down to the following:

• Ownership Rules: C-Corps may have unlimited stock classes and shareholders. S-Corps may have only one stock class and no more than 100 shareholders. Only U.S. or legal residents may hold shares in an S-Corp.
• Taxes: A C-Corp files a corporate tax return as a separate entity from its shareholders. Dividends paid to the shareholders may then be taxed on those shareholders' individual returns. An S-Corp does not file its own return. It is a "pass-through" entity, meaning that income passes to shareholders and is reported on their individual returns.
• Documents: Becoming an S-Corp requires filing IRS Form 2553, Election by a Small Business Corporation.

Your corporation’s name should be unique and make a statement about your business. Make sure it complies with the following Indiana requirements:

• Include "Company," "Corporation," "Incorporated," "Limited," or an abbreviation of one of these terms in your name.
• Do not use a deceptive name. For example, calling your business "The Gift Shop, Inc." is deceptive if you actually sell office equipment.
• Your name must be unique and not too similar to an existing business name already on file with the Indiana Secretary of State. 

Need help coming up with a business name for your corporation? Try the Rocket Copilot™ AI Business Name Generator, a free tool to help you brainstorm business names and get started registering your corporation.

Each state has its own personnel requirements for incorporating. In Indiana, most corporations must have at least one director. Corporations with fewer than 50 shareholders may dispense with directors by stating in their Articles of Incorporation how the board's duties will be performed.

All directors of Indiana corporations must be at least 18 years old; however, Indiana does not require that directors live in the state

Every corporation must appoint a registered agent to accept tax, legal, and government documents during regular business hours. A registered agent may be a person or a business with a physical address in Indiana. A post office box is not acceptable. We can help you designate a registered agent when you incorporate with us.

You must include the following in your Articles of Incorporation in Indiana as well:

• The corporation's name.
• The number of shares of stock the corporation is authorized to issue.
• The name and address of all incorporators.
• The signatures of all incorporators.

You may also include other information in your Articles, such as the par value of authorized shares or limits on the powers of directors and shareholders.

Nearly every state has standard processing times, but not all provide expedited processing for corporations. In Indiana, there are a few fees that you may be charged when you register your business as a corporation. They include the following:

State fee: $97.14.

Rocket Lawyer filing fee: $0 $99.99.

• First filing FREE* for Rocket Legal+ members (excluding state fees).
• Get additional filings HALF OFF with Rocket Legal+.

Processing time: 3-5 business days.

Note: The above state fees and processing times (including expedited processing fees and times) are provided as a summary and may or may not encompass various fees mandated by your state or local authorities. Your state may also change these fees and processing times over time and without notice. If you have questions, speak to a Rocket Lawyer Business Pro to understand the costs and processing times that apply to your specific filing.

Businesses can save up to $2,500 per year with a Rocket Legal+^™ membership. This calculation is based on total savings on an initial business registration and registered agent, trademark, and business tax filing services for Rocket Legal+ members (a total cost of $924.97) compared to Rocket Legal members (a total cost of $1,949.96). This is in addition to savings on the average cost of 5 hours for document preparation by a non-Rocket Lawyer network attorney at the average attorney hourly rate in the U.S. of $300 (an estimated cost of $1,500 when purchased without any form of Rocket Lawyer membership) compared to unlimited use of customizable business documents for both Rocket Legal+ and Rocket Legal members at no extra cost.

Yes – although you might prefer not to think about taxes, you'll need to pay them for your new corporation. One of the first things you'll need is an employer identification number, or EIN. This is a federal tax ID for businesses, similar to a Social Security number for individuals. All businesses with employees need one. Get one from the IRS before you open for business.

Depending on your business purpose, you may need to register with the Indiana Department of Revenue for sales tax, withholding tax, innkeeper tax, or other taxes. One application covers all these taxes.

 We have more information to help you learn about the actual tax structure of both C-Corps and S-Corps.

Indiana requires that you keep corporate records to maintain your status. These are the two most important documents you must create:

• Corporate Bylaws formalize how your corporation will operate. Provisions in your bylaws must be consistent with your Articles of Incorporation and Indiana law.
• Corporate Minutes are a written record of all actions taken and decisions made during meetings of your board or with your shareholders. You must keep copies of your minutes for three years.

You don't have to file these documents with the state. Keep them with your other corporate papers. We have more detailed information about Indiana's requirements for Bylaws and Corporate Meeting Minutes.

We wish you success with your new Indiana corporation! You can count on Rocket Lawyer for all the business, tax, and legal help you need at a price you can afford.

If you are planning to operate in another state, you may need to register a corporation in that state. Rocket Lawyer can help you determine which states you should register in.

Other states may have their own rules for foreign corporations that originate in Indiana or domestic corporations that also operate in Indiana. Talk to an attorney to understand the legal and tax requirements for the state(s) in which you plan to operate.