business software
Forming an LLC in Idaho: Is programming professional?
<p>I'm forming an LLC in Idaho for a software development / consulting business. I'm planning to go directly through the Secretary of State.</p>

<p><a href="http://www.sos.idaho.gov/corp/llc_form.html" rel="noreferrer">I see two different forms</a>: A "Certificate of Organization Limited Liability Company" and a "Certificate of Organization <strong>Professional</strong> Limited Liability Company"</p>

<p>The "professional" one has this description:</p>

<blockquote>
  <p>“Professions shall be held to include the practices of architecture, chiropractic, dentistry, engineering, landscape architecture, law, medicine, nursing, occupational therapy, optometry, physical therapy, podiatry, professional geology, psychology, certified or licensed public accountancy, social work, surveying and veterinary medicine, and no others.” [30-6-102, Idaho Code]</p>
</blockquote>

<p>I'm not sure if programming / software development would fall under this - would it be "engineering"? <a href="https://legislature.idaho.gov/idstat/Title30/T30CH6SECT30-6-102.htm" rel="noreferrer">Idaho Code 30-6-102</a> doesn't shed much light on the subject. Although I didn't read the whole thing, it has the exact same paragraph under definition 20. </p>

<p>Which should I use to file for my LLC? Why?</p>

<p>The threshold question is if you have a state license for your work. That is why a software developer/consultant is not an engineer.</p>

<p>Take a look at paragraph 19:</p>

<blockquote>
  <p>"Professional company" means a limited liability company organized under the provisions of this chapter for the sole and specific purpose of rendering professional services, allied professional services, and services ancillary to the professional services and which has as its members only: (a) natural persons who themselves are <strong>duly licensed</strong> or otherwise legally authorized to render one (1) or more of the same professional services as the professional company; and/or (b) professional corporations, partnerships or limited liability companies, all of whose shareholders, partners or members are duly licensed or otherwise legally authorized to render one (1) or more of the same professional services as the professional company.</p>
</blockquote>
