How to Create & Run an LLC in Florida

By Salvatore Jackson

For an individual looking to start a new small business in Florida, organizing as a Florida limited liability company, or LLC, may be the best option. A Florida LLC has the same limited liability protections of a Florida corporation, but also has the pass-through entity taxation and flexibility of a Florida partnership. Forming and operating a Florida LLC as a business requires registration with local, state and federal government agencies.

Step 1

Choose a name for your Florida LLC. Florida LLC law requires the name of an LLC to contain either the phrase “Limited Liability Company” or the abbreviation “L.L.C.” or “LLC.” Additionally, the name of your Florida LLC must not be confusingly similar to the name of any business organization registered with the Florida Secretary of State.

Step 2

Choose a registered agent for your Florida LLC. A registered agent is the person or business who receives service of process if your LLC is ever sued or subpoenaed. If you or another member of your LLC is not a Florida resident, you must retain a registered agent service, which is a business that will receive service of process on behalf of your LLC.

Ready to start your LLC? Start an LLC Online Now

Step 3

Navigate to the Florida Secretary of State website (see Resources) and either download the articles of organization form or fill it out online. The Florida Secretary of State permits the filing of the articles of organization online or by mail. Your LLC's articles of organization must include the name of your LLC, the mailing address of your LLC, the name and address of your LLCs registered agent and the name and address of LLC members and managers. As of 2010, the filing fee is $125.

Step 4

Execute an LLC operating agreement. An operating agreement is a written contract that sets forth how an LLC will be managed. While Florida law does not require an operating agreement, they are highly advisable. Operating agreements typically contain provisions for conducting votes among LLC members, adding and removing LLC members and how to dissolve the LLC if necessary. An operating agreement will also assign duties and responsibilities to individual LLC members and managers, who are employees of the LLC responsible for the day-to-day management of the LLC.

Step 5

Request an Employer Identification Number (EIN) from the IRS. An LLC must obtain an EIN if the LLC will be hiring employees or has more than one member. The IRS has an online application (see Resources) for obtaining an EIN. Obtaining an EIN is free.

Step 6

File with the Florida Department of Revenue to pay corporate income tax (see Resources). If your LLC is taxed as a corporation, you must file Form F-1120. If your LLC is taxed as a partnership, you must file Form F-1065. As of 2010, the Florida corporate income tax is 5.5 percent of all LLC income derived from conducting business in Florida.

Step 7

Register for any state or local business licenses. Depending on the type of business your LLC conducts, you will be required to obtain state and local licenses. The Florida Department of Business maintains an online database of business licenses and how to obtain them (see Resources).

Ready to start your LLC? Start an LLC Online Now
How to Apply for an LLC in Florida
 

References

Resources

Related articles

Does the State of Florida Require LLC Tax Return

Under Florida business law, all businesses that wish to conduct significant economic activity in Florida must register with the Florida Secretary of State. After registering a limited liability company, or LLC, with the Florida Secretary of State, the LLC must pay taxes annually to the Florida Department of Revenue. The amount of tax that an LLC must pay to the Florida Department of Revenue depends on the type of business the LLC is engaged in and the amount of revenue generated by the LLC.

How to Operate a Business As a Single-Member Limited Liability Company

A limited liability company is a form of business entity prized by small business owners for its flexibility. All states permit the creation of a single-member LLC, which is an LLC with only one owner. Unlike a corporation, which is required to have a board of directors and conduct meetings, maintaining the formalities of a single-member LLC is a much simpler process. After filing articles of organization, the owner of a single-member LLC must file with the local and state government, and the Internal Revenue Service.

What Kinds of Forms Are Needed to Elect an S-Corp in Illinois?

To elect S-corp treatment of your Illinois corporation or limited liability company, the federal government – not the state of Illinois – must approve a formal request submitted on an IRS form. However, there are a number of forms you must submit to the Illinois Secretary of State before you can even consider making the S-corp election, so it’s important to understand both the federal and state requirements.

LLCs, Corporations, Patents, Attorney Help LLCs

Related articles

How to Operate a Texas LLC

A limited liability company, or LLC, is a flexible form of business association that combines the limited liability ...

How to Get an LLC in Tampa, Florida

Getting an LLC in Tampa, or anywhere else in Florida, is a fairly easy matter. Many people set up a smaller business as ...

How to Register a Sole Proprietorship in the State of Florida

If you plan to start a business in Florida and want to work by yourself, a sole proprietorship might be an appropriate ...

How to Open a General Partnership in Florida

Florida law does not require general partnerships to register with the state or to obtain a state business license. ...

Browse by category
Ready to Begin? GET STARTED