The future is bright for businesses in the Bluegrass State. From relatively low corporate income taxes to its deep well of resources for small businesses, Kentucky may be the perfect location to launch your next venture.
But starting a company means staying compliant with certain regulations—and an annual report is one of them. Most businesses operating in the state must file a Kentucky annual report. Learn if this rule applies to your business and the steps to submitting one.
What is an annual report?
Annual reports are used throughout the country as a way to update the relevant state agency (usually the Secretary of State’s office or the state tax agency) about your business. Think of it like a “check-in” document that provides a brief overview of your company, including its name, relevant members of the business, and other pertinent information.
Annual reports are typically required to be able to conduct business in a particular state, whether for a domestic or foreign entity. Not every state mandates that businesses submit an annual report every year, but those that do (including Kentucky) tend to take them seriously—failing to file one can cause a business to lose its good standing or be legally dissolved.
The Kentucky Secretary of State requires all foreign and domestic business entities to file annual reports. Sole proprietorships and general partnerships are exempt from the state annual report requirement.
What information must a Kentucky annual report contain?
A Kentucky annual report asks businesses to provide the following information:
- Business name and state-specific organization ID number
- Type of entity (e.g., LLC, corporation, etc.)
- Date or organization
- Principal office address
- Registered agent name and office address
- County in which the entity does most of its business
- Total number of employees
- Industry
- Names and addresses of officers, directors, members, managers, general partners, or trustees (depending on the type of entity)
Members or managers are specific to limited liability companies (LLCs), general partners are specific to limited partnerships, trustees are specific to business trusts, and officers and directors are specific to corporations.
Who qualifies as an officer?
Corporations must list at least one officer on their annual report. This person can be the president, vice president, secretary, or treasurer of the organization.
Who qualifies as a director?
A director is anyone who sits on the corporation’s board of directors.
The size, roles, and duties of the board of directors may vary from company to company, but Kentucky law does require that every corporation formed in the state have at least one individual on its board. State law doesn’t specify qualifications for directors, instead deferring to organizations’ articles of incorporation or bylaws.
How to file your Kentucky annual report in 3 steps
Let’s review the steps to filing your annual report in Kentucky.
Step 1: Gather the necessary information
First, get your basic business details ready, like your organization ID number, principal office address, registered agent information, and your company’s members, managers, officers, and/or directors.
Step 2: Go to the Kentucky Secretary of State FastTrack website
Head to the FastTrack online platform, the Kentucky Secretary of State’s online system for submitting business filings, to file online.
You’ll first need to find your business. In the search bars, either enter your organization ID or type in your business name. Click on your business in the search results, and you’ll be taken to your business’s annual report on the platform.
Step 3: Complete and submit your report
Within FastTrack, your Kentucky annual report is laid out in tabs. Begin at the “Start” tab, then move through each tab, ensuring that the information is correct or updating it where needed.
When everything is filled out and signatures have been added, you’ll be asked to confirm the details on the final “Review and File” tab. Click the “Proof Certificates/Pay” button at the bottom of this tab, where you’ll be taken to a page to review the certificates that the approved report will create, pay the filing fee, and file online.
Alternatively, you can also print the report from your business’s profile on the FastTrack platform and mail it to the Secretary of State’s office.
Note that some information, like the principal office address and the registered agent’s name and address, cannot be changed on the annual report. Rather, businesses that need to update these details will need to submit the relevant Statement of Change form to the Kentucky Secretary of State.
How to file a Kentucky annual report with LegalZoom
For busy business owners looking for ways to streamline paperwork and offload tedious tasks, you’re in luck. Annual report filing is just one of the many services LegalZoom offers to help companies spend less time on business filings and more time on strategic planning and operations.
With our annual report filing service, just answer a few questions and let us take care of the rest. We file your Kentucky annual report by the due date so that your business stays in good standing. Plus, we’ll send along physical and digital copies of the report for your records.
And for even more comprehensive assistance, look to our compliance filings plan, which covers not only your ongoing annual reports but also the federal Beneficial Ownership Information Report, any necessary amendment filings, and customized compliance alerts.
How much does it cost to file an annual report in Kentucky?
All business entities in Kentucky owe the same annual report filing fee of $15. This includes foreign and domestic LLCs, corporations, limited partnerships, and nonprofits.
When is the deadline to submit a Kentucky annual report?
Kentucky annual reports need to be submitted by June 30 each year. Businesses can start filing their reports as early as January 1.
What are the penalties for not filing an annual report in Kentucky?
The Kentucky Secretary of State does not assess financial penalties or late fees for not filing an annual report. However, domestic business entities that don’t submit their completed report and pay the filing fee by the due date will undergo administrative dissolution. If this happens, they will lose their good standing with the Kentucky Secretary of State and become inactive.
To reinstate their status to an active entity in good standing, businesses must file a reinstatement application (using the FastTrack platform) with the Secretary of State’s office and pay any required fees, which will include the $100 filing fee for the application and any annual report filing fees for years missed.
Foreign business entities that miss the annual report due date will have their certificate of authority revoked, which is required to be able to conduct business in the state. These entities will need to reapply for their certificate of authority and pay the $90 filing fee plus any outstanding annual report filing fees.
Do all business entities need to file an annual report in Kentucky?
Most business entities operating in Kentucky (that means both foreign and domestic entities) need to file an annual report. Sole proprietorships and general partnerships are exempt from the state annual report filing requirement
FAQs
Can you submit an annual report early?
Businesses in Kentucky have the option to file annual reports any time between January 1 and June 30 each year, but they must submit by the June 30 deadline.
Do I need to pay a franchise tax in Kentucky?
No, there is no franchise tax in Kentucky, but the state does impose a 5% corporate income tax and a limited liability entity tax (LLET). Businesses may be subject to one, both, or neither, depending on their tax status. Business entities with limited liability—LLCs, limited partnerships, limited liability partnerships, S corporations, and C corporations—must calculate and pay their LLET to the Kentucky Department of Revenue.
Can you file an annual report by mail?
While you can print, fill out, and mail your annual report to the Kentucky Office of the Secretary of State, we recommend that you file online through FastTrack filing method, the state’s online system for submitting business documents.
Do nonprofits need to file an annual report in Kentucky?
Yes, nonprofits need to file an annual report in Kentucky. They can fill out their annual report through FastTrack, pay the $15 filing fee, and submit by the June 30 deadline