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Massachusetts · 2026 · 38 steps · official links

How to start a business in Massachusetts

Every step to open an LLC in Massachusetts and get ready to hire, in order, with the official state page for each one. Agencies you'll deal with: Secretary of the Commonwealth (Corporations Division) · Department of Revenue (DOR) · Department of Unemployment Assistance (DUA) · Department of Family and Medical Leave · Attorney General's Fair Labor Division · Department of Industrial Accidents.

LLC filing fee
$500
State sales tax
6.25%
Seller's permit
See state site
Out-of-state sales threshold
$100,000
Last verified
October 27, 2026

This is the most common path: a new LLC, general business, paying W-2 employees and 1099 contractors. Adding a location, forming a corporation, or in a licensed industry? Customize it and check off steps as you go.

Customize this checklist

Popular Massachusetts business types:

Step 1

Set up the business with the state

Do this first. The state tax and payroll accounts ask for your registration details.

Get a federal EIN

Apply free on the IRS website and get the number immediately. You'll need it for the state tax registration, a business bank account, and payroll. Opening a new location? You already have one; the same EIN works in every state.

FederalFreeIRS: Get an EIN

Sign an operating agreement

This internal document sets out who owns what, how decisions get made, and what happens if an owner leaves. It isn't filed with the state, but banks often ask for it, and it helps protect your liability shield. Single-owner LLCs need one too.

Every state

Open a business bank account

Bring your EIN letter, filed formation documents, and operating agreement or bylaws. Keeping business and personal money separate is one of the main things that protects your personal assets.

Every state

Check industry licenses and permits

Many businesses need a license or permit before opening, separate from registering the company. Check three levels: the state licensing board for your field, your city or county, and any federal agency that regulates your industry.

  • Trades and construction: general contractors, electricians, plumbers, HVAC and roofers usually need a state or local license, and often a bond
  • Personal services: salons, barbers, nail and esthetics shops need a shop license plus licensed staff; massage and tattoo studios are licensed too
  • Professional services: accounting, engineering, architecture, law, real estate and insurance require state licenses for the people and sometimes the firm
  • Child care, elder care and home care need a state facility or agency license and background checks
  • Retail with restricted products: alcohol, tobacco and vape, cannabis, firearms (federal FFL), pawn and secondhand dealers
  • Auto, transport and logistics: auto dealers and repair shops, towing, movers, and trucks that need a USDOT number
  • Money and finance: lenders, mortgage brokers, debt collectors and money transmitters are licensed by the state, often through NMLS
  • Local permits for almost everyone: city business license or tax registration, zoning or home occupation permit, sign permit and fire inspection

Decide on S corp tax treatment (optional)

If you want S corp taxation, file IRS Form 2553. The deadline is tight: generally within 2 months and 15 days after the start of the tax year you want it to apply. See Business basics for when it makes sense.

Form your LLC with the state

File Articles of Organization (or the state's equivalent) online through Corporations Division online filing (File Online).

Name a Massachusetts resident agent

LLC filings call the agent a resident agent (or agent for service of process) at a Massachusetts resident office.

MA

Register a trade name (DBA) if you use a different name

DBAs (business certificates) are filed with the city or town clerk where the business is located. Fees vary by town.

MAIf it applies

Know Massachusetts's formation rules

Corporation articles cost $275 for up to 275,000 shares, plus $100 per additional 100,000 shares. LLC formation and annual report fees ($500 each) are among the highest in the country.

MA
Step 2

Register for state taxes

Register with Department of Revenue (DOR)

Register for withholding and sales tax in MassTaxConnect. New businesses must file and pay electronically. Withholding is filed annually, quarterly, or monthly based on the amount withheld.

  • Employees complete Form M-4 for state withholding
  • 6.25% state sales and use tax; register through MassTaxConnect.

Check local taxes and business licenses

No city or county income or payroll taxes. Business certificates (DBAs) and some local permits are handled by each city or town.

MA

Know the millionaire surtax

Massachusetts taxes income at 5.00%, plus a 4% surtax on income over $1,107,750.

Step 5

Collect sales tax

Applies if you sell products, or services this state taxes. Most medical care is exempt. See Business basics for sales tax.

Register to collect sales tax

Massachusetts calls it a Sales and Use Tax Registration Certificate (Form ST-1). Register with the Massachusetts Department of Revenue through MassTaxConnect before you make your first taxable sale in Massachusetts. You'll collect tax from customers and send it to the state.

  • State rate: 6.25%
  • Local taxes: No local general sales taxes. Cities and towns that adopt it add a 0.75% local option tax on restaurant meals, for 7% combined on meals.
  • Most services are not taxed, but telecom is. Standard software is taxed even when downloaded or accessed remotely, while digital music, video and reading material delivered electronically are not taxed.

Buy items you resell tax-free with a resale certificate

Give your supplier Form ST-4, Sales Tax Resale Certificate so you don't pay tax on inventory you'll resell. The buyer must be a registered Massachusetts vendor buying to resell, and the seller keeps the ST-4 as proof; it cannot be used for tobacco products. Keep certificates your own customers give you, too.

  • Use the state's own form; multistate certificates aren't accepted

Selling into Massachusetts from another state? Watch the threshold

Out-of-state sellers must register once sales into Massachusetts pass $100,000 (prior or current calendar year), even with no office here.

  • There is no transaction count. Sales of goods and services delivered into Massachusetts count, including exempt sales.
  • Marketplace facilitators such as Amazon and Etsy must collect for third-party sellers once their combined Massachusetts sales top $100,000 in a calendar year. Those facilitated sales do not count toward the individual seller's own threshold.

Note this Massachusetts sales tax rule

Clothing costing $175 or less per item is exempt, and only the amount over $175 is taxed on pricier items.

MA
Step 6

Before your first payroll

Applies once you pay W-2 employees who work in this state.

Complete Form I-9 and W-4 for each hire

Form I-9 is never mailed to the government. You keep it in your own files and show it only if ICE or the Department of Labor asks for an inspection.

  • The employee completes Section 1 by their first day of work
  • You review their original documents and complete Section 2 within 3 business days of the start date
  • Keep it for 3 years after the hire date or 1 year after employment ends, whichever is later
  • Store I-9s together, separate from personnel files, so an inspection doesn't expose other records
  • Remote hire? Have an authorized representative check documents in person, or, if you use E-Verify, use the DHS remote video inspection option
  • Also collect a federal W-4 for withholding

Post federal workplace notices

Federal posters (minimum wage, EEO, FMLA if you have 50+ employees, and others) go alongside the state ones.

Register for unemployment insurance with Department of Unemployment Assistance (DUA)

Register once you pay wages to employees working in Massachusetts. Reports and payments are usually quarterly.

  • 2026 new employer rate: 2.42%
  • Taxable wage base: $15,000
  • New construction employers pay 6.08% in 2026. Employers also pay the Workforce Training Fund (0.056%), a COVID-19 Recovery Assessment, and EMAC (0.12% to 0.34% of the first $15,000 per employee, starting in the 4th year). Wage reports and payments go through the DUA employer portal.

Set up the state paid leave or disability program

Massachusetts PFML is funded by contributions of 0.88% of eligible wages in 2026 (25+ employees). Employers with fewer than 25 covered workers owe only the 0.46% employee share. Contributions are remitted quarterly through MassTaxConnect.

  • 2026, 25+ employees: employer pays at least 0.42%; up to 0.46% may be withheld from employees
  • Under 25 employees: 0.46% total, all of which may be withheld from employees
  • Contributions capped at the Social Security taxable wage maximum
  • 2026 maximum weekly benefit: $1,230.39; 2027: $1,284.61
  • Jan 1, 2027: rate stays 0.88%, but the employer's required share moves from medical leave to family leave (Chapter 101 of the Acts of 2026)

Buy workers' compensation insurance

Required at 1 or more employees (any hours). Domestic workers are covered at 16+ hours per week. Sole proprietors and LLC members may exclude themselves. Uninsured employers face stop work orders and fines of $100 per day or more. No state fund.

Report each new hire

Also report independent contractors paid $600 or more in a year within 14 days. Report through MassTaxConnect.

Follow Massachusetts pay timing rules

Massachusetts's wage payment rules:

  • Pay frequency: Hourly workers must be paid weekly or every other week, within 6 or 7 days after the pay period ends.
  • Final pay: Fired or laid off: full pay on the last day of work. Quit: by the next regular payday.
  • Overtime: 1.5x for hours over 40 per week. No daily overtime.
  • Pay stubs must show employer and worker names, pay date, hours, rate, and all deductions. Employers with 25+ employees must post pay ranges in job postings (since Oct 29, 2025).

Pay at least Massachusetts minimum wage

$15.00 an hour.

  • Tipped employees: $6.75 (tips must bring pay to at least $15.00)

Set up required sick leave

All employers must provide earned sick time. It must be paid if the employer has 11 or more employees.

  • 1 hour per 30 hours worked
  • Up to 40 hours earned and used per year
  • Under 11 employees: job-protected but may be unpaid
  • Earned Sick Time notice must be posted

Retirement plan: no state mandate

No state-run retirement program mandate for private employers.

MAIf it applies

Adopt a harassment policy (training recommended)

Massachusetts doesn't require harassment training for private employers. A written policy and a yearly refresher are still best practice.

MAIf it applies

Post Massachusetts workplace notices

Display the state's required labor law posters where employees can see them, along with the federal posters. Workers' comp notices come from your carrier.

Budget for EMAC after year 3

The Employer Medical Assistance Contribution is paid with UI on the first $15,000 per employee. New employers are exempt for 3 years, then pay 0.12%, 0.24%, and 0.34% from year 6 on.

Post pay ranges if you have 25+ employees

Employers with 25 or more Massachusetts employees must include pay ranges in job postings. Employers with 100+ that file federal EEO reports must also file them with the state by February 1.

Step 7

Paying 1099 contractors

Collect a W-9 before the first payment

The W-9 gives you the contractor's legal name and tax ID for their 1099. Check the classification first: if you control how and when they work, they may legally be an employee.

Send Form 1099-NEC to contractors

File with the IRS and send the contractor a copy by January 31. For payments made in 2026 and later, the reporting threshold is $2,000 per contractor per year (it was $600 before).

FederalDue Jan 31
Step 8

Stay in good standing

Recurring deadlines. Put these on your calendar now.

Skip the FinCEN BOI report (U.S. companies are exempt)

FinCEN's final rule, effective August 14, 2026, permanently exempts companies formed in the U.S. from beneficial ownership reporting. Ignore letters or emails demanding a BOI filing fee; they're a common scam. Only companies formed outside the U.S. still file.

File the HIRD form each year

Employers with 6 or more employees must file the Health Insurance Responsibility Disclosure (HIRD) in MassTaxConnect between November 15 and December 15. Paper forms are not accepted.

File the Annual Report

Keeps your business in good standing with the state. Missing it can lead to penalties or dissolution.

MALLCs: on or before the anniversary date of the original certificate of organization each year$500 (LLC); $100 online or $125 paper (corporation)Massachusetts: Annual report

Know your state business taxes

Corporations pay corporate excise of 8.0% of net income plus a property or net worth measure, with a $456 minimum.

MA

File quarterly unemployment reports and withholding returns

File unemployment wage reports each quarter and state withholding returns on the schedule you're assigned (if the state has income tax), plus the annual W-2 reconciliation.

MAQuarterly

File sales tax returns on time

Based on yearly tax collected: $100 or less files annually, $101 to $1,200 quarterly, and $1,201 or more monthly. Returns are due by the 30th day after the period ends. File a zero return if you had no sales; skipping it can bring penalties.

MA

Deadline calendar

Recurring dates for Massachusetts and federal filings. A payroll service handles most payroll lines, but you should know they're happening.

WhenWhatFiled with
Jan 31W-2s to employees; annual withholding return (small filers)Massachusetts
Apr 30, Jul 31, Oct 31, Jan 31Quarterly withholding, PFML, and UI wage reportsMassachusetts
Feb 1EEO report filing (100+ employees)Massachusetts
Nov 15 - Dec 15HIRD filing window (6+ employees)Massachusetts
Formation anniversaryLLC annual report ($500)Massachusetts
Assigned scheduleSales tax return (file a zero return if no sales)Massachusetts
Jan 31W-2s to employees and SSA (with W-3); Form 940; 4th-quarter Form 941IRS / SSA
Jan 311099-NEC to contractors and IRSIRS
15th monthlyFederal payroll tax deposit (monthly depositors)IRS
Apr 30 · Jul 31 · Oct 31Form 941 for the quarterIRS
Jul 31Form 5500 or 5500-SF, if you sponsor a 401(k) (Oct 15 with Form 5558 extension)DOL (EFAST2)

Last verified: October 27, 2026

Common questions

How much does it cost to form an LLC in Massachusetts?

The Massachusetts state filing fee for an LLC is $500. That's the fee to form your LLC with the state. Expect other costs too, such as a registered agent service if you use one, licenses, and annual filings. See the checklist above for each step.

Do I need a seller's permit in Massachusetts?

You need to register to collect sales tax in Massachusetts if you sell taxable products or services there. The state rate is 6.25%, and local taxes may add to it. Registration cost: See state site.

When does an out-of-state business have to collect Massachusetts sales tax?

Out-of-state sellers must register once their sales into Massachusetts pass $100,000 a year. Having an employee or office in Massachusetts also creates nexus right away.

What does a Massachusetts business have to file after it opens?

Recurring filings include: file the HIRD form each year; file the Annual Report; file quarterly unemployment reports and withholding returns; file sales tax returns on time. The deadline calendar above lists the dates.

Checklists for every state

This guide organizes official requirements. It isn't legal or tax advice. Fees, forms, and deadlines change, so confirm on each linked state page before you file, and talk to an attorney or CPA about your specific situation.