Starting an LLC for Selling on Amazon FBA (Free Guide)

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by How to Start an LLC Team
Last updated: July 4th, 2024

In this article, we will look at why forming a Limited Liability Company (LLC) is a the smart choice for Amazon FBA sellers. We’ll explore the benefits of LLCs for Amazon FBA and provide a step-by-step guide to setting up your LLC.

We might receive compensation from the companies whose products we review. We are independently owned and the opinions here are our own.

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Amazon FBA (Fufillment by Amazon) is a popular way for entrepreneurs and small business owners to streamline their e-commerce business and become more productive. With FBA, Amazon handles storage, packaging, shipping and customer service on behalf of the seller. As your capacity to handle more orders grows, you should consider what the best business structure is for you.

What is Amazon FBA?

Amazon FBA allows sellers to store their products in Amazon’s fulfillment centers. When you receive an order, Amazon will handle delivery and customer service on your behalf.

FBA leverages Amazon’s logistical network. This allows you to focus on sourcing products and growing your business while Amazon handles the logistics.

One of the benefits of using FBA is that it makes your products eligible for Prime shipping. This can lead to an increase in sales, as some customers prefer to buy products with Prime shipping.

Benefits of forming an LLC for selling on Amazon FBA

  • Liability protection

If you sell informally on Amazon, you may face legal issues. If someone sues claiming that your product was faulty and caused harm as a sole proprietor, your personal assets could be at risk.

Forming an LLC separates your personal assets from business liabilities as your business is seen as a seperate legal entity. This means that if your business is sued only business assets would be vulnerable.

  • Credibility

Operating under an LLC can help establish credibility in your business. When customers see a registered business entity, they may see the brand as more legitimate.

If you sell kitchen gadgets on Amazon under the LLC name “Gourmet Kitchen Essentials LLC,” it can give customers the impression that you are serious about your products. established business rather than just an individual seller selling odds and sods of stock.

  • Tax benefits

By default, single-member LLCs are taxed as sole proprietorships. This means profits and losses pass through to the owner’s personal tax return. This can simplify tax filing and potentially result in a lower overall tax rate.

As your Amazon FBA business grows, you may find you want to be taxed as an S-corporation (s-corp). You can save on self-employment taxes by splitting your income between a salary and distributions. Only the salary portion is subject to self-employment taxes.

How to set up an LLC for Amazon FBA

Choose a state to register your LLC

Consider forming your LLC in a business-friendly state that has Amazon fulfillment centers. This can make it easier to manage your inventory and shipments. Some of the best states for Amazon FBA sellers include Delaware, Nevada, and Wyoming.

Select a legal name for your LLC

Choose a unique name that reflects your brand and products. Make sure to research and ensure that the name is available and not already in use by another company. Include the appropriate LLC designator, such as “LLC” or “Limited Liability Company,” at the end of your business name.

Assign a registered agent for your LLC

A registered agent is a person or company that receives legal documents on behalf of your LLC. Consider using a registered agent service, especially if you don’t have a physical presence in the state where you’re forming your LLC.

  • Same day filing service
  • Affordable pricing
  • Strict ethical code
  • Set up LLC without hassle
  • Take you through all steps
  • Start your LLC worry-free
  • Excellent option for multi-state firms
  • Help with compliance for highly regulated industries
  • Complete solution for entity management, taxes, and licensing

Create an operating agreement

An operating agreement outlines the ownership structure, roles, and responsibilities of the LLC members. It’s essential to have an operating agreement, even if you’re the sole owner of your Amazon FBA business. This document can help protect your limited liability status and prevent misunderstandings.

File formation documents with the Secretary of State

To officially form your LLC, you need to file articles of organization with the Secretary of State in the state where you’re registering your business. This document typically includes your LLC name, registered agent information, and business purpose. Be prepared to pay the required filing fees.

Obtain an Employer Identification Number (EIN) from the IRS

An EIN is like a Social Security Number (SSN) for your business. You’ll need it to open a business bank account, file taxes, and hire employees. You can apply for an EIN for free online.

Open a business bank account

To open a business bank account, you generally need your formation documents and an EIN. Having separate bank accounts helps keep personal and business finances separate, making tax and bookkeeping far easier.

Tax considerations for Amazon FBA LLCs

  • Pass-through taxation for single-member LLCs: If you operate as a single-member LLC, the profits and losses will pass through to your personal tax return. This means you’ll report your business income on your individual income tax return, which can simplify the tax filing process.
  • Self-employment tax obligations for US citizens and residents: As an Amazon FBA seller and LLC owner, you’ll be responsible for paying self-employment taxes on your business income. This includes Social Security and Medicare taxes. Make sure to set aside money throughout the year to cover these tax obligations.
  • Sales tax nexus and the impact of storing inventory in Amazon fulfillment centers: Storing your inventory in Amazon fulfillment centers can create a sales tax nexus in multiple states. This means you may collect and remit sales tax in states where your products are stored, even if you don’t have a physical presence there. It is important to keep track of where your inventory is stored and understand the sales tax requirements in those states.

Managing your Amazon FBA LLC

  • Maintaining compliance with Amazon seller policies: Amazon has strict policies for FBA sellers, covering areas like product quality, packaging, and shipping. Get to know these policies and make sure your business practices align with them. Failing to, could result in penalties or even account suspension.
  • Best practices for managing your Amazon Seller account: Your Amazon Seller Central account is the hub of your FBA business. Regularly monitor your account for any issues, such as stranded inventory or negative customer feedback. Respond to customer inquiries and complaints to maintain a high seller rating. This can help you attract more customers and grow your business.
  • Ongoing responsibilities as an LLC owner: As an LLC owner, you’ll have ongoing responsibilities, like filing annual reports and paying state fees. Make sure to stay on top of these requirements to maintain your LLC’s good standing and protect your limited liability status.


Do I need an LLC to sell on Amazon FBA?

While an LLC is not a requirement to sell on Amazon FBA, it’s highly recommended. Forming an LLC provides personal liability protection and can help establish credibility for your business.

Can I form an LLC in a state different from where I live?

Yes, you can choose to form your LLC in any state, regardless of where you reside. Some states, like Delaware, Nevada, and Wyoming, are particularly business-friendly and popular among Amazon FBA sellers.

Do I need a business license?

In most cases, yes, you will need a business license to operate your Amazon FBA business, even if you’re running it from home. Requirements vary by state and local laws, so it’s essential to research the specific licenses and permits you need.

What is a DBA, and do I need one?

A DBA, which stands for “Doing Business As,” is a fictitious business name that allows you to do business under a name different from your LLC’s legal name. If you want to sell on Amazon under a brand name that differs from your LLC’s name, you’ll need to file a DBA.

How does pass-through taxation work for single-member Amazon FBA LLCs?

With pass-through taxation, the LLC itself does not pay taxes on its income. Instead, the profits and losses are reported on the owner’s personal tax return, simplifying the tax filing process.

What is sales tax nexus, and how does it affect my Amazon FBA LLC?

Sales tax nexus refers to the connection between your business and a state that requires you to collect and remit sales tax. Storing inventory in Amazon fulfillment centers can create a sales tax nexus in multiple states.

What responsibilities do I have as an Amazon FBA LLC owner?

As an LLC owner, you’ll need to file annual reports, pay state fees, and keep your business records up to date.

How can I ensure my Amazon FBA LLC complies with Amazon’s seller policies?

Familiarize yourself with Amazon’s policies for FBA sellers, which cover areas like product quality, packaging, and shipping. Make sure your business practices align with these policies to avoid penalties or account suspension.

What are some best practices for managing my Amazon Seller Central account?

Regularly monitor your account for issues like stranded inventory or customer feedback. Promptly respond to customer inquiries and complaints, and strive to maintain a high seller rating to attract more customers and grow your business.

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