How to Form an LLC in Florida

Order Registered Agent Service

Helpful Tools


Welcome to Our Community

We're committed to publishing free informational resources such as this how-to guide. Our resources have been shared by important industry organizations including:






This guide to starting an LLC in Florida provides step-by-step instructions on filing formation documents, obtaining tax IDs, and setting up company records.

Overview

LLCs are the most popular business structure because they are inexpensive to form, provide flexibility to the owners, and are easy to run. Forming your LLC legally establishes your business, limits your personal liability, and gains tax flexibility. The following step-by-step will help you as you undertake this process.

Fast Facts: Your Budget and Timeline

Here is an overview of the total paperwork, cost, and time it takes to form an LLC in Florida. Be sure to read the final step in this guide - "Ongoing Filings" - to understand your ongoing costs to maintain a compliant LLC.


Paperwork
  • Form CR2E047: Articles of Organization for Florida limited Liability Company
  • Operating Agreement
  • IRS Form SS-4: Obtain an EIN
  • Form DR-1: Florida Business Tax Application
Cost
  • Formation: $125
Time
  • Formation: ~1-3 days online. ~8-17 days by mail.

Step-by-Step Florida LLC Instructions

  1. Check Name Availability

    The legal name of your LLC may not conflict with any other registered name. Check availability of your desired name by conducting a name search.

    Name Search: Florida Department of State - Division of Corporations
    Name search
    Name Reservation: Optional
    Suffix:

    "(1) The name of a limited liability company: (a) Must contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC” as will clearly indicate that it is a limited liability company instead of a natural person, partnership, corporation, or other business entity."
    FS §605.0112

  2. Appoint a Registered Agent

    Identify the LLC’s Florida registered agent. This individual or company receives notice of lawsuit and other legal service for the LLC.

  3. File Florida Certificate of Formation

    File the articles of organization to create your limited liability company.

    Agency:Florida Department of State - Division of Corporations
    Form: ACCESS PREMIUM DATA
    Filing Method: ACCESS PREMIUM DATA
    Agency Fee:

    $125

    Turnaround: ACCESS PREMIUM DATA
    Law:

    2013 Florida Statues - Chapter 621: Professional Service Corporations and Limited Liability Companies

    Notes:

    When filing by mail, provide the state-prescribed cover letter, the original articles, and a copy of the articles.

  4. Establish Company Records

    Your filed articles of organization are the first document for your limited liability company records. Your LLC will generate many other official records such as your operating agreement, meeting minutes, and your EIN.

    Office supplies intended for an LLC will help you stay organized and save time. Membership certificate templates should come with your company record book. Each owner receives a membership certificate as evidence of his or her ownership in the LLC.

  5. Create the Operating Agreement

    Draft an Operating Agreement (potentially using a template) which is the governing document for the LLC. It defines the formalities of how the LLC will run itself such as holding an annual meeting. You will review and adopt the agreement at your organizational meeting.

  6. Hold the Organizational Meeting

    The first meeting of the members of the LLC is the organizational meeting. You will need your filed articles of organization and your operating agreement in order to conduct this meeting. Keep minutes of this meeting and store them in your company record book.

  7. Get a Federal Employer Identification Number (EIN)

    If your LLC has more than one member or will hire employees, it must obtain an EIN. An EIN is also often required to open a bank account.

    Agency:Internal Revenue Service (IRS)
    Form: ACCESS PREMIUM DATA
    Filing Method: ACCESS PREMIUM DATA
    IRS fee:

    $0

    Turnaround: ACCESS PREMIUM DATA
    Notes:

    The IRS website is only available during certain hours. Print your EIN before closing your session. For additional guidance, see IRS Pub 1635: Understanding Your EIN.

  8. Get Florida State Tax Identification Numbers/Accounts

    Florida offers a consolidated state tax registration application.

    Submit to:
    Florida Department of Revenue
    http://dor.myflorida.com/dor/
    Form:
    Form DR-1: Florida Business Tax Application
    Guidance:
    Florida Department of Revenue - Start-up Kit for New Business Owners
    Filing Method:
    Mail or online
    Fee:
    $0 + $5 for sales tax registration (if applicable)
  9. Consider Electing S-Corp or C-Corp Taxation

    By default, your LLC receives pass-through taxation and the vast majority of LLCs keep this tax classification. Some LLCs benefit from electing S-Corp or C-Corp tax treatment:

    • S-Corp treatment can help owner-employees who earn more than ~$75,000 per year save on self-employment taxes. File Form 2553: S-Corp Election.
    • C-Corps suffer from double taxation: the corporation pays taxes on profits then members pay taxes on their distributions. If profits exceed $250,000 per owner, you provide employee benefits, or you will re-invest most of your profit in the business, you may benefit from the low tax rates on retained earnings under C-Corp treatment. File Form 8832: C-Corp Election.
  10. Obtain Business Licenses & Permits

    To run your business legally, you must obtain applicable licenses and permits. The easiest way to navigate the wide range of federal, state, and local requirements is to search by your business type and locality using the Small Business Administration Business License & Permit look-up tool.

  11. * Ongoing Filings to Maintain Your LLC

    You must file federal and state tax returns. You must also file:

    • Florida LLCs are required to file a Florida Annual Report. The first report is due in the calendar year following incorporation.
© 2012 - 2020 Harbor Compliance. All rights reserved. Harbor Compliance does not provide tax, financial, or legal advice. Use of our services does not create an attorney-client relationship. Harbor Compliance is not acting as your attorney and does not review information you provide to us for legal accuracy or sufficiency. Access to our website is subject to our Terms of Use and Service Agreement.