7 LLC Compliance Mistakes Every U.S. Business Owner Should Avoid

Key Takeaways:

LLC is an ongoing while your business is active.

Small oversights like missing a report or mixing funds can quietly affect your liability protection.

Most compliance mistakes happen from assumptions that business owners don’t realize they are making.

States, banks, and the IRS all look for consistency, documentation, and timely filings.

Staying compliant requires systems, reminders, and regular check-ins.

Limited liability companies give business owners the protection and credibility they need to run their business. However, maintaining these benefits means staying on top of LLC compliance requirements at both the state and federal levels. Compliance involves more than just forming your LLC. It includes filing annual reports, paying state fees, maintaining proper records, and handling payroll taxes. You can easily prevent most compliance slip-ups if you know what to watch out for.

Here, we will understand the 7 most common LLC compliance mistakes and how to avoid them.

1. Missing Annual or Biennial Reports

Most states require LLCs to file a recurring report. This is how the state confirms your business is still active and up to date.

Depending on where you formed your LLC, it may be:

• An annual report, which is the most common
• A biennial report, filed every two years
• A similar update tied to a state fee or franchise tax

Deadlines are not consistent. Some states tie them to your formation anniversary month. Others use fixed calendar dates each year. Fees also vary by state. In many cases, they are manageable when you file on time. The key point is this: most LLCs must file something every year or two, whether they made money or not.

What Happens When You Miss a Filing?

Missing a report results in late fees. These fees can grow quickly if the filing stays unresolved. Most importantly, states can mark your LLC as not in good standing. That can create friction when you try to:

• Open or maintain a bank account
• Sign contracts
• Apply for financing
• Enforce agreements

Some states can eventually mark the LLC inactive if the filing stays overdue. (This is sometimes called administrative dissolution.)

What These Reports Usually Include?

Most reports simply confirm:

• Your business address
• Members or managers
• Registered agent details

Financial statements are rarely required for LLCs. Many states allow online filing, which makes the process faster and easier to track.

How To Stay on Track

• Look up your state’s filing schedule once and save it
• Set recurring calendar reminders tied to your formation date
• Budget for the annual fee so it is not a last-minute decision
• Check your LLC’s status once a year using the state business search

Tip: If you operate in more than one state, a compliance service can help you track deadlines in one place.

2. Losing the Separation Between Business and Personal Finances

An LLC only works if it is treated as a separate business entity. That usually means separate:

• Bank account
• Spending records
• Payments in and out

When personal and business finances blend together, it can get harder to keep clean records and show clear separation.

How Commingling Usually Happens

It usually starts small:

• Paying a personal expense from the business account
• Depositing client payments into a personal account
• Using one card for everything
• Moving money back and forth without documentation

How To Keep Finances Clean

• Open a dedicated business checking account and business card
• Run all income and expenses through those accounts only
• Pay yourself through documented owner draws or payroll
• Save receipts and simple notes for reimbursements

Extra Steps That Strengthen Separation

• Sign contracts and invoices in the LLC’s name
• Keep basic financial records and meeting notes
• Review books regularly to catch issues early
• Separate accounts for different business entities

3. Ignoring Registered Agent Requirements

Every LLC is legally required to have a registered agent on file at all times. This person or service receives official mail for the business, like state notices, and legal documents. Many owners list themselves as the registered agent to save money. This results in common problems, including:

• Being unavailable during business hours
• Moving and forgetting to update the address
• Missing mail while traveling or working remotely
• Using a home address and exposing it publicly

If the state or a court cannot reach your registered agent, they still move forward. You just may not know it happened. Decisions are made without your input because the message never reached the right place.

How To Stay Compliant

You have two solid options:

• Serve as your own registered agent if you are consistently available and keep your address current.
• Use a professional registered agent service to handle delivery and reminders.

Ongoing Maintenance

• Confirm the agent information during annual filings
• Update the state promptly if anything changes
• Check your LLC status using the state business search

4. Failing To Track Multi-Member Contributions and Distributions

Most multi-member LLCs are taxed like partnerships by default. That means the IRS expects clear records showing:

• How much each member contributed
• How profits and losses are allocated
• How much money each member received

These records are called capital accounts. It is a simple way to keep a running record of who put in what and who took out what.

Where This Goes Sideways

Common examples include:

• One partner puts in extra cash without documentation
• Profits are distributed unevenly without explanation
• Someone delays contributing their share

At first, it feels manageable. Over time, it becomes unclear who owns what. Also, the IRS taxes members based on allocated profits. That means a member can owe taxes on income they never actually got. This often surprises owners when K-1s go out, and numbers do not match expectations.

How To Keep It Simple

A solid system includes:

• Clear contribution and distribution rules in the operating agreement
• Written records for all cash and non-cash contributions
• Regular updates (monthly or quarterly is often enough)
• Approval and documentation for distributions
• A yearly review with a tax pro, especially if you have multiple members

5. Not Maintaining Proper Records and Operating Agreements

Your LLC looks disorganized to the IRS, courts, banks, and even your own partners when records are missing or the operating agreement is outdated. An LLC only works if it looks and acts like a separate business. That means you need basic documents that show:

• Who owns the company
• How decisions are made
• Where the money goes
• How changes are approved

States require you to keep core records available at your main office. The IRS expects backup for every deduction you take. Members also have inspection rights. Your liability protection is affected if you cannot produce these records.

The Operating Agreement Mistake Most Owners Make

Without an operating agreement, state default rules take over. Those rules often assume equal ownership, equal voting, and simple profit splits. A solid operating agreement should clearly explain:

• Member roles and voting power
• Capital contributions and distributions
• How profits and losses are allocated
• What happens if someone leaves or the business ends

It should clearly reflect how your business actually operates.

Simple System That Works

• Create one central compliance folder
• Save key documents and major approvals
• Update records when changes happen
• Review everything once a year

6. Operating in Other States Without Proper Registration

Forming an LLC in one state does not automatically cover business activity in every state.

If your LLC starts operating in another state, you may need to register there. This is often called “foreign qualification” or “foreign registration.” It simply means registering your existing LLC to do business in a new state.

When This Comes Up:

It can come up if you:

• Hire people in another state
• Store inventory there
• Open an office or location
• Work with ongoing clients there

Each state defines “doing business” a little differently. Some states also add extra steps:

• New York requires newspaper publication [1]
• California requires additional tax filings [2]
• Texas has higher filing fees ($300) and public disclosures [3]

How to Stay on Track

Start with a simple yearly review:

• Where do we have workers?
• Where do we store inventory?
• Where are our repeat clients?

If another state is in the mix, check that state’s rules. Then you may need to:

• Get a Certificate of Good Standing from your home state
• File the foreign registration application
• Assign a registered agent in that state
• Add the state to your annual compliance calendar

NOTE: If you operate in multiple states, a compliance service can help you track filings across states in one place.

7. Assuming Compliance is "Set It and Forget It."

It is common to focus on formation and then move on. But as your business changes, your checklist can change too. A simple routine can keep things manageable.

A Calm Compliance Routine

• Check your state every year to see if reports or fees are due
• Keep your records updated
• Review tax basics (and payroll rules, if you have employees)
• Watch for triggers like hiring, new states, or major changes

How To Make It Easier

• Keep a simple calendar with all deadlines
• Do a quick quarterly check-in
• Use reminders or a service if you prefer less manual tracking

Stay Compliant and Keep Moving Forward

Most LLC compliance mistakes start as a small oversights. A few habits can help you stay organized and avoid last-minute surprises. If you want help staying on track, Swyft Filings’ ComplianceGuard can help you:

• Track deadlines
• Send alerts and reminders
• Support timely filings so your status stays current

That way, you can spend less time managing paperwork and more time running your business.

Frequently Asked Questions (FAQs)

1. What happens if your LLC fall out of good standing?

“Good standing” usually means the state shows your LLC is active and up to date with required filings and fees. If your status is not current, start by checking your state’s business search. In many cases, the fix is simply filing a missing report or paying an overdue fee.

2. Do you need to file annual reports if your LLC made no money?

In many states, yes. Annual or biennial reports are often required even if the business had little or no activity. Your state’s filing rules will confirm what applies.

3. How do you check if your LLC is compliant with your state?

A simple check looks like this:

• Visit your state’s Secretary of State (or similar agency) site
• Search your LLC name or ID
• Confirm the status shows active or in good standing
• Review whether reports and fees are up to date
• Confirm your registered agent info is correct

4. How often should you update your LLC operating agreement?

A yearly review is a good habit. It is also smart to update it when something changes, like ownership, roles, profit splits, or major decisions.

5. Can you fix LLC compliance mistakes after they happen?

Often, yes. Many issues can be corrected by filing late paperwork and updating records. If you are unsure what applies in your state, a compliance service or professional can help you map the next step.

Bibliography

New York Department of State. “Certificate of Publication for Domestic Limited Liability Company,” Accessed January 19, 2026.

State of California Franchise Tax Board. Limited Liability Company. Accessed January 19, 2026

Texas Secretary of State. Business Filings & Trademarks Fee Schedule. Accessed January 19, 2026