If you’re interested in creating an LLC in Florida but feel a bit lost in the process, then keep reading.
Here, you’ll find the information you need about the advantages of forming an LLC in Florida and the step-by-step process to do so.
Without further ado, let’s begin by answering the following question…
Why Open an LLC in Florida?
You probably already know that an LLC stands for Limited Liability Company and is one of the most common business structures in the United States.
Individuals who choose to open their businesses as an LLC do so because, in case of bankruptcy or a lawsuit, the owners are not personally liable.
So, they opt for an LLC to protect their personal assets.
Now, speaking of Florida, it’s a very attractive state to establish an LLC.
Because it offers benefits such as flexibility in the business structure, the ability to safeguard personal assets, and it’s relatively easy to open.
Now, let’s take a closer look at all these advantages.
Benefits of Opening an LLC in Florida
Next, I’ll show you why it’s a great idea to open an LLC in this state.
1. Asset Protection
As I mentioned earlier, one of the main reasons entrepreneurs choose to open an LLC is to protect their personal assets.
In Florida, members of an LLC are shielded from the company’s liabilities.
This means that their assets will not be affected in the event of a lawsuit or bankruptcy of the company.
Within this state, you also have protection for your company’s assets.
If the situation is reversed, where it’s the member who faces a lawsuit, a judgment will be issued solely against them, and the company’s assets will remain unaffected.
- In the state of Florida, there are no state-level income taxes; only federal taxes apply.
- Corporations such as C-Corps and S-Corps are subject to double taxation, meaning that business income is taxed twice: once at the corporate level at the corporate tax rate and again to individual owners or shareholders after income is distributed as dividends.
On the other hand, LLCs are pass-through entities.
This means they do not face double taxation because they are not required to pay taxes on their business earnings.
If your LLC has a single member, you can pay taxes as a sole proprietor.
In this case, all taxes within the LLC will have to be reported as the owner’s personal income tax to the IRS.
But if your LLC has multiple members, you can choose to pay taxes as a partnership, C corporation, or S corporation, depending on your preference.
If you opt to pay as a C Corp, then taxes related to your LLC will not flow through to the members’ tax returns.
If you decide to pay as an S Corp (S Corps are reserved for U.S. residents or citizens), then all LLC taxes will pass through the company to each member’s tax returns.
In the state of Florida, you can enjoy a relatively easy and quick process when setting up your business.
State laws do not impose any restrictions on the number of members in an LLC, unlike other states that do have limits on members.
Also, an LLC in Florida can be managed by a board of members and run by an individual (Company Director) designated by the members.
Finally, members of this company can choose how they will divide the company’s profits.
4. Fewer Administrative Requirements
In many states, the process of opening an LLC can be quite complicated.
In Florida, it’s quite the opposite, as it doesn’t require as many administrative procedures that consume significant amounts of time and money (such as drafting company resolutions, company minutes, filing records, and other bureaucratic paperwork).
You can set up your LLC here with ease and minimal paperwork.
No record-keeping of minutes, annual meetings, or the creation of bylaws is required (although we still recommend doing so).
How to Open an LLC in Florida?
Now that you know the benefits of creating an LLC in Florida, it’s time to learn the steps to do so.
1. Name Your LLC
This is the first thing you should think about when forming your company, the name.
The name you choose must comply with the requirements of the state of Florida.
The requirements for naming your LLC in Florida are:
- It must include the phrase “Limited Liability Company” in the name. It can also be abbreviated (LLC, L.L.C, Limited, Lts Company, or Co).
- Your business name cannot include words that could confuse your LLC with government agencies (e.g., FBI, State Department, treasury).
- If you use restricted or limited words like “Bank,” “University,” it will require additional documents and a lawyer to be part of your LLC.
To register a name, you first need to check if it’s available in the state of Florida.
You can verify this by visiting the Sunbiz Florida website in the name search section.
2. Choose an In-State Registered Agent
A registered agent is a person or entity who takes on the responsibility of receiving important documents for your company.
For example: legal documents, tax information, lawsuit news, etc.
A registered agent must also be a permanent resident of the state of Florida or a corporation.
Rex Legal offers this service, so if you want to hire us as your registered agent, you can do so here.
3. File the Articles of Organization for Your LLC in Florida
If you want to register your LLC in Florida, you must submit the LLC-1 Articles of Organization document with the Florida Division of Corporations.
You can apply through their website or by mail.
If you need assistance with this step, do not hesitate to contact us.
4. Create an Operating Agreement
Although it is not mandatory to have an Operating Agreement, we recommend having one.
An Operating Agreement is a legal document that establishes who the owners of the business are and clarifies how your LLC will be managed.
As we mentioned, it is not mandatory, but the reason we recommend having one is that this document ensures that business owners agree from the outset, thereby avoiding complications in the future.
5. Obtain an EIN
An EIN stands for Employer Identification Number.
This number consists of 9 digits assigned by the Internal Revenue Service (IRS).
An EIN serves to open a commercial bank account, employ your company’s employees, and for state and federal tax purposes.
To apply for your Employer Identification Number, you can do it by mail or through the IRS website (free of charge).
Need Help Creating Your LLC in Florida?
Remember that at Rex Legal, we are fully prepared to assist, advise, and guide you in the process of creating your business.
If you need our services, you can contact us here.