LLC Guide

Form an LLC for Your Therapy Practice in North Dakota

Protect your personal assets and optimize your tax strategy while building a professional practice structure that insurance companies trust. Year one in North Dakota costs $185 in mandatory state charges, then $50 a year. See the full North Dakota LLC cost breakdown.

By Edmond Hui · Last updated: July 2026

Yes, forming an LLC is worth it for therapists and counselors in North Dakota who want professional credibility and asset protection. See the full breakdown below.

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Step diagram for forming a professional LLC for Therapists & Counselors in North Dakota, showing each formation step and the Licensed Professional Counselor (LPC) or Licensed Asso… the state requires first.
The formation steps for Therapists & Counselors in North Dakota, plus whether North Dakota requires a professional licence first. Source: North Dakota Secretary of State.

Yes, forming an LLC is worth it for therapists and counselors in North Dakota who want professional credibility and asset protection.

The liability protection complements your malpractice insurance, while the business structure facilitates insurance credentialing and creates valuable tax deduction opportunities for your practice expenses. The North Dakota Secretary of State publishes no standard processing time for this filing.

North Dakota has 4,714 solo health care and social assistance businesses with no employees, averaging $35,332 in annual receipts. Most are unincorporated sole proprietors, and an LLC could give them liability protection. (Source: U.S. Census Bureau, Nonemployer Statistics (NES), 2023.)

Key Benefits of an LLC for North Dakota

Enhanced Liability Protection Beyond Malpractice Insurance

An LLC shields your personal assets from business debts and non-professional claims, providing an extra layer of protection that works alongside your professional liability coverage.

Streamlined Insurance Credentialing Process

Insurance panels and credentialing bodies view LLCs as more professional and established, potentially speeding up the approval process for accepting insurance payments.

Tax Deductions for Practice Expenses

Deduct malpractice insurance, continuing education costs, telehealth platform fees, office rent, and professional association dues as legitimate business expenses.

Professional Credibility with Clients and Referral Sources

Operating as an LLC demonstrates professionalism to potential clients, other healthcare providers, and referral sources, which can lead to increased business.

Simplified Business Banking and Expense Tracking

Separate business accounts make it easier to track therapy-related expenses and maintain clear financial records for tax purposes and practice management.

How to Form Your LLC

  1. 1

    Choose Your LLC Name

    Select a professional name that reflects your practice and includes 'LLC'. Consider including terms like 'Counseling', 'Therapy', or 'Mental Health Services'. Check name availability through the North Dakota Secretary of State website and ensure it doesn't conflict with existing healthcare practices.

  2. 2

    Select a Registered Agent

    Choose a registered agent to receive legal documents. Many therapists use a registered agent service to maintain privacy and ensure documents are received during business hours when you're with clients.

  3. 3

    File Articles of Organization

    Submit your Articles of Organization to the North Dakota Secretary of State with the $135 filing fee. Include your practice's purpose and registered agent information. The North Dakota Secretary of State publishes no standard processing time for this filing.

  4. 4

    Obtain an EIN and Required Licenses

    Apply for an Employer Identification Number from the IRS for tax purposes. Ensure your professional therapy license remains current and check if additional business licenses are required in your city or county.

  5. 5

    Create an Operating Agreement

    Draft an operating agreement that outlines your practice operations, especially important if you plan to add partners or associate therapists later. Include provisions for client confidentiality and professional standards compliance.

Tax Considerations

Self-Employment Tax

As an LLC, you'll pay self-employment tax on your therapy income, but you can deduct the employer portion (7.65%) as a business expense, reducing your overall tax burden compared to operating as a sole proprietor.

Deductions

Key deductions include malpractice insurance premiums, continuing education courses, telehealth platform subscriptions, office rent, professional association dues, therapy materials, and home office expenses if you provide teletherapy services.

State Taxes

North Dakota has a graduated individual income tax (up to 2.5%), among the lowest top marginal rates nationally. LLC pass-through income is taxed on the member's individual return. North Dakota LLCs file an annual report by November 15th ($50 fee). There's no franchise tax, making North Dakota a low-cost state for LLCs.

North Dakota Licensing Requirements for Therapists & Counselors

In North Dakota, Therapists & Counselors are regulated by the North Dakota Board of Counselor Examiners. A Licensed Professional Counselor (LPC) or Licensed Associate Counselor (LAC) is required to practice legally. North Dakota therapists may operate through a standard LLC; the state doesn't have a specific PLLC statute applicable to counselors, though professional corporations are available. The North Dakota Board of Counselor Examiners licenses individuals, and the business entity isn't separately licensed.

Regulated by: North Dakota Board of Counselor ExaminersLicense: Licensed Professional Counselor (LPC) or Licensed Associate Counselor (LAC)

Do you need business insurance?

An LLC’s liability shield protects your personal assets from the business’s debts and lawsuits, but it does not protect the business itself, client injuries, property damage, and lawsuits against the company can still put its income and assets at risk.

Read the full Therapists & Counselors insurance guide →

Business insurance providers for therapists & counselors

Typical cost for therapists & counselors: general liability $29/mo median · professional liability $56/mo · limits $1M per occurrence / $2M aggregate (GL, chosen by 75%); $1M per occurrence / $2M aggregate (professional liability/malpractice), as of September 2026, per Insureon - Therapy and Counseling Insurance Cost. These are industry-wide medians, not quotes from the providers below. No figure in this paragraph describes a policy offered by any provider below, and the limits shown are the basis of that median rather than terms offered by any of them.

Disclosure: NEXT Insurance (ERGO NEXT), Hiscox and Thimble pay us when you request a quote through our link, whether or not you buy a policy. Embroker does not pay us. This does not affect our editorial comparisons, and coverage details always come from the insurer's own documents.

ProviderStated focusAM Best ratingInsurer’s site
NEXT Insurance (ERGO NEXT)online small business insurance for the self-employed, freelancers, contractors, sole proprietors, and micro-businesses across 1,300+ professionsA+Visit NEXT Insurance (ERGO NEXT)
Hiscoxsmall-business and professional liability (errors & omissions) coverage for professional-services freelancers, consultants, and specialty professions across 180+ occupationsAVisit Hiscox
Embrokerdigital commercial insurance (D&O, cyber, tech E&O, EPLI, professional liability) for venture-funded startups, tech companies, law firms, VC/PE firms, and other professional-services businessesN/AVisit Embroker
Thimbleon-demand, short-term (hourly/daily/monthly) general liability and professional liability insurance for freelancers, gig workers, and small businesses across 129+ industriesN/AVisit Thimble

Stated focus reproduces how each insurer describes its own business on its own website. It is not our recommendation, and we do not rank these providers.

MyStateLLC is not an insurance agency, producer, or broker, and is not licensed in any state. We do not sell, solicit, or negotiate insurance, we take no applications, and we do not quote, bind, or place coverage. Every quote is requested on the insurer’s own website. This guide is general information, not insurance, legal, or financial advice. Coverage needs, requirements, and pricing vary by business, location, and carrier underwriting. Confirm policy details directly with a licensed insurance carrier or agent before making a purchasing decision.

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. Read the asset-protection claims on this page narrowly. An LLC separates the company’s own obligations from what you own personally, so a trade creditor, a commercial lease, a business loan without a personal guarantee, or a judgment against the company normally reaches the company rather than your home or savings. It does not put a wall around what you personally do: you remain personally answerable for your own professional negligence, and forming an LLC does not shield a licensed practitioner from a malpractice or negligence claim arising from their own work. Professional liability cover (errors and omissions, or malpractice cover in some trades) is what answers a claim like that, not the entity. You are also personally exposed on anything you sign a personal guarantee for, and on the payroll and sales taxes most states collect from responsible individuals. Whether the shield holds at all turns on facts this page cannot see, including how the company was capitalised, whether its money is kept separate from yours, and what your state’s courts have done with veil-piercing claims. Confirm your own position with an attorney licensed in your state and with the board that licenses your trade, and confirm your cover with a licensed insurance agent, before you rely on anything here.

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Edmond Hui

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.