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Every state starts here

Federal setup guide for US startups

Every US startup sits on the same federal floor: one corporate income tax return, one set of payroll taxes, one information-reporting regime and one set of equity filings, all set by the IRS, the SSA, the Department of Labor and a few other agencies. This page holds what is true in every state, as of 2026. The state pages add only what changes when you incorporate, hire or sell there.

Areas
6
Setup steps
9
Checked
October 13, 2026
The federal rules apply in all of them. Point at a state to see what it adds.

At a glance

Corporate income tax
21%
IRS — Instructions for Form 1120
Social Security wage base (2026)
$184,500
SSA — 2026 Cost-of-Living Adjustment Fact Sheet
FICA, each of employer and employee
6.2% + 1.45%
IRS — Publication 15 (Circular E), Employer’s Tax Guide
FUTA
6.0% on $7,000 (0.6% after credit)
IRS — Topic no. 759, Form 940 (FUTA)
1099-NEC threshold (payments after 2025)
$2,000
IRS — Instructions for Forms 1099-MISC and 1099-NEC
Form 1120 due
15th day of the 4th month
IRS — Instructions for Form 1120
Cash-method gross receipts test (2026)
$32 million
IRS — Rev. Proc. 2025-32 (2026 inflation adjustments)
Federal minimum wage
$7.25 an hour
DOL Wage and Hour Division — Minimum wage
Business mileage rate (from Jul 1, 2026)
76¢ a mile
IRS — Standard mileage rates

Setup, in order

  1. Get an employer identification number (EIN)

    Right after incorporation

    Apply online with the IRS for free once the company is incorporated. The EIN is the company’s tax ID for the bank, payroll, every federal filing and most state registrations.

  2. File 83(b) elections for founder stock

    Within 30 days of the stock grant

    Founders receiving restricted stock subject to vesting file within 30 days of the grant — Form 15620 or a written statement — and give the company a copy. The window can’t be reopened.

  3. Open a business bank account and start the books

    Before the first transaction

    Open a bank account in the company’s name, keep personal spending out of it, and connect it to an accounting system set up on accrual basis with a chart of accounts that maps to Form 1120.

  4. Choose a tax year and accounting method

    First tax return

    Pick the tax year (most startups use the calendar year) and, with a preparer, the tax accounting method on the first Form 1120. The cash method is available below the $32 million gross receipts test; the books stay accrual.

  5. Collect W-9s and W-8s from vendors

    Before the first payment

    Collect a W-9 from every US vendor or contractor before paying them, and a W-8BEN or W-8BEN-E from foreign ones. Contractors paid $2,000 or more in a year get a 1099-NEC.

  6. Set up payroll and federal tax deposits

    Before the first paycheck

    Choose a payroll provider, enroll in EFTPS (most providers deposit for you under their own authorization), and register for state withholding and unemployment wherever employees work.

  7. Run I-9, E-Verify and new-hire reporting

    Each hire

    Complete Form I-9 Section 2 within three business days of each hire’s first day of work for pay, decide whether to use E-Verify, and report each new hire to the state within 20 days.

  8. Confirm beneficial ownership (BOI) status

    At formation, and when adding entities

    US companies no longer report beneficial ownership to FinCEN under the August 2026 final rule. Confirm no entity in your structure is a foreign company registered in a state, which still must report.

  9. File Form D after raising

    Within 15 days of the first close

    File Form D with the SEC within 15 calendar days of the first sale in a Regulation D round, plus any state notice filings where investors live.

The six areas

What the states add

Shade the map by one question at a time. Each state’s guide covers only what it adds to the federal rules above.

Shade the map by

Point at a state, or shade the map by one question.

Common questions

Can my C-corp file its tax return on cash basis?

If your average annual gross receipts for the three prior years are $32 million or less (the 2026 figure) and you are not a tax shelter, the IRS generally lets a C corporation file on the cash method. That is a tax choice only. US GAAP statements, the ones investors, lenders and auditors ask for, are accrual basis regardless.

Is there a federal sales tax on SaaS?

No. There is no federal sales tax. Whether you collect sales tax on software or services depends on each state you sell into, its rules for what is taxable, and whether you have nexus there — physical, or economic under Wayfair. The state pages carry those thresholds.

Who gets a 1099-NEC now?

For payments made in 2026, a 1099-NEC is required when you pay a non-corporate contractor $2,000 or more for services in the course of your business — up from $600, under the 2025 law. Payments to corporations are generally exempt, with exceptions such as attorneys’ fees. Payments you make by card or through a payment app are reported by the processor on Form 1099-K, not by you.

When do I have to deposit payroll taxes?

It depends on how much tax you reported in the lookback period — July 1 to June 30 of the year before last. $50,000 or less makes you a monthly depositor (due the 15th of the next month); more makes you semiweekly. On any day you accumulate $100,000 or more, the deposit is due the next business day. A new employer is a monthly depositor in its first year, unless that $100,000 rule is triggered. All deposits are electronic, usually through EFTPS via your payroll provider.

Does my Delaware C-corp have to file a BOI report?

No. FinCEN’s March 2025 interim final rule exempted companies created in the United States and their U.S. owners, and an August 11, 2026 final rule made that permanent. Only entities formed under foreign law and registered to do business in a US state still report. FinCEN also said it will delete information U.S. companies already filed.

Can a pre-profit startup use the R&D tax credit?

Possibly, if you have qualified research and are a qualified small business — gross receipts under $5 million and no receipts before the five-year window. The election is made on Form 6765 with a timely filed income tax return, and the credit then reduces the employer’s Social Security tax (then Medicare) on Form 941, starting the quarter after the return is filed, up to $500,000 a year.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.