Forming a Florida LLC as a Non-US Resident
Forming a Florida LLC as a Non-US Resident
You can form a Florida limited liability company (LLC) from outside the United States. Florida does not require LLC owners to be residents or to have a Social Security number. What changes for non-residents is the paperwork around the filing: you need a Florida registered agent with a Florida street address, you get your federal EIN through a different route, and you need a plan for opening a bank account from abroad.
Many readers arrive here searching for como abrir una llc en florida, abrir llc en florida, llc en florida, or como registrar una empresa en florida. Those searches usually come from founders in Latin America and elsewhere who want a Florida company for US customers, an online store, or a holding structure. The process is the same one every owner follows. The notes below flag where non-residents run into extra friction. Sunbiz forms and instructions are published in English, so Spanish-speaking readers should confirm the steps on the official pages and use a bilingual advisor for anything unclear.
Informational note: This article is general information, not legal or tax advice. Non-residents often face cross-border tax and reporting questions. Talk with a Florida-licensed attorney and a CPA who works with foreign owners before you file.
What You Need Before You Start
Gather these items before you open the Sunbiz eFile portal. Having them ready prevents most of the delays non-residents report.
- A valid passport or government-issued photo ID from your home country. Banks and the IRS will verify who you are, so keep a clear copy ready.
- Two or three business name options. Your first choice may already be taken on the state records.
- A Florida registered agent: a person or company with a physical Florida street address. A P.O. box does not qualify.
- A mailing address you check regularly. Government mail about your LLC goes to the addresses you list.
- A written operating agreement draft. The Articles of Organization are the document you file with the state. The operating agreement is the internal rulebook for owners, and banks frequently ask to see it.
- A list of members and managers with ownership percentages.
- A payment method accepted on the Sunbiz eFile portal, and a budget for the fees below.
Florida Fees at a Glance
| Item | Amount | Notes |
|---|---|---|
| Name reservation (optional) | $25 | Holds a name for 120 days |
| Articles of Organization filing | $100 | Paid to the Division of Corporations. With the required $25 registered agent designation below, the total to file is $125 |
| Registered agent designation | $25 | Required. Changing the agent later also costs $25 |
| Annual report | $138.75 | Filed each year between January 1 to May 1 |
| Late annual report | $538.75 total | Includes a $400 late fee for reports received after May 1 |
| Fictitious name (DBA), if used | $50 to register, $50 to renew | Optional. See Step 8 |
Commercial registered agent services charge their own fees on top of the state's $25 designation. Compare providers before you buy. Confirm current fees on the Sunbiz pages before you file, because agency fees can change.
Step 1: Confirm an LLC Fits Your Situation
An LLC can separate your personal assets from the company's debts when you keep the company's finances and records separate and follow the rules in your operating agreement. It does not protect you from your own negligence, and it does not remove tax obligations in your home country or in the United States.
Florida has no state franchise tax and no personal income tax. The federal and state tax result still depends on how the LLC is classified and who owns it. An LLC classified as a partnership or disregarded entity generally does not file a Florida corporate income tax return. A Florida Partnership Information Return is required if one or more owners is a corporation, and a corporate owner must file its own Florida corporate income or franchise tax return. An LLC classified as a corporation for federal tax purposes pays Florida's 5.5 percent corporate income and franchise tax. Ask your CPA which classification fits, and whether any foreign-owner reporting applies to you.
Step 2: Check and Choose Your Name
Your name must end with Limited Liability Company, LLC, or L.L.C. Professional LLCs use different endings, such as Chartered, Professional Limited Liability Company, P.L.L.C., or PLLC. The name must also be distinguishable from names already on the Department of State's records.
Search the records at Sunbiz corporation search before you file. If you want to hold a name while you prepare your paperwork, a name reservation costs $25 and lasts 120 days. Do not treat a name as approved until you receive a filing acknowledgment. Details on reservations are on the Sunbiz FAQs page.
Step 3: Appoint a Florida Registered Agent
Every Florida LLC must name a registered agent with a physical Florida street address. The agent must sign the filing to accept the appointment. Three rules trip up non-residents most often:
- A P.O. box is not a valid address.
- The LLC cannot serve as its own registered agent. An individual owner or officer may serve, if that person has a Florida street address.
- The designation carries a required $25 fee for an LLC, and changing the agent later costs the same amount.
Many non-residents hire a commercial registered agent. Use one that will sign the filing, confirm the Florida address in writing, and tell you how it handles legal papers and state notices sent to it.
Step 4: File the Articles of Organization
The Articles of Organization create your LLC. The required fee is $125, which is the $100 filing fee plus the $25 registered agent designation. You have two main options:
- Online through Sunbiz eFile. Start at the Sunbiz eFile Florida LLC page. Enter your name, principal and mailing addresses, registered agent, and the authorized person. Pay the $125 and save the confirmation.
- In person in Tallahassee. The walk-in office is at 2415 N. Monroe Street, Suite 810, Tallahassee, open Monday to Friday, 8am to 5pm. Most walk-in requests are completed while you wait. A visit makes sense only if you are in Florida or have someone there who can file for you.
Florida does not offer expedited filing for LLCs. The Division of Corporations states it processes online filings in the order received and posts document images within 3 business days of processing. Non-electronic filings take longer, with images posted within 5 business days. No guaranteed turnaround is published, so plan your launch dates with that in mind.
Your LLC exists once the Division accepts the filing. Keep the acknowledgment and the Articles copy. Banks, the IRS, and your payment processors will ask for them.
Step 5: Get Your EIN Without an SSN
Your LLC needs an Employer Identification Number (EIN) from the Internal Revenue Service for banking, tax filings, and most vendor accounts. Without a Social Security number, you apply on Form SS-4. The online EIN application is not available unless the LLC has a US principal place of business and a valid taxpayer identification number. That makes the online route a poor fit for most non-residents.
You have three ways to apply on Form SS-4:
- By fax or mail, using the IRS instructions for the form.
- By phone, which is the route for international applicants: call 267-941-1099.
There is no state fee for an EIN. Third-party services that apply for you charge their own fees. Form SS-4 asks for a responsible party. Confirm with your CPA how to complete the foreign-owner fields so the IRS record matches your Articles and operating agreement.
Step 6: Open a Bank Account
This is where many non-residents slow down. Banks set their own rules for business accounts, and policies for non-resident owners vary and change. Some banks will not open accounts for non-residents at all. Others require an in-person visit, a US address, or a local reference.
Before you apply, ask each bank in writing what it requires from a non-resident LLC. Expect requests for your EIN confirmation, the Articles of Organization, the operating agreement, your passport, and proof of address. Some institutions ask about the source of funds and the expected account activity. Compare a traditional bank, a credit union that accepts foreign-owned businesses if one will work with you, and fintech business accounts. Read each provider's fee schedule and confirm its eligibility rules directly, because published terms can differ from what branch staff tell you.
Step 7: Check Local and Professional Licensing
Florida issues no general statewide business license. Two other requirements may apply to you:
- Professional licenses. The Department of Business and Professional Regulation (DBPR) licenses specific professions and trades, such as contractors, cosmetology, real estate, restaurants, CPAs, and engineers. If your business needs one, you apply before you offer the service.
- Local business tax receipt. Many Florida cities and counties require a local Business Tax Receipt for the address where you operate. This is a local tax, not a competency license, and not every county or city levies it. Check with the local tax collector where your business will operate.
If you sell taxable goods or services, register as a sales and use tax dealer with the Florida Department of Revenue before you start business. The state sales tax rate is 6 percent, and local rates can add to it. Register through the Florida Department of Revenue registration page.
Step 8: Register a Fictitious Name if You Trade Under Another Name
If you will do business under a name other than your LLC's legal name, file a Fictitious Name Registration with the Division of Corporations. It is filed statewide, not with a county. The fee is $50 to register and $50 to renew. A registration is valid for five years and expires on December 31 of the fifth year. Renewal is filed between July 1 and December 31 of the expiration year.
Florida also requires that the name be advertised at least once in a newspaper in the county of your principal place of business. No proof of advertisement is filed with the state, but you must still do it. File through the Sunbiz fictitious name registration page.
Step 9: Calendar Your Annual Report
Every Florida LLC files an annual report each year between January 1 and May 1. The fee is $138.75. A $400 late fee applies to reports received after May 1, bringing the total to $538.75. If the annual report is not filed by the third Friday in September, the LLC faces administrative dissolution. Put the deadline on a calendar that reflects your time zone, and assign one person to own it. Missed reminders are one of the most common ways a foreign-owned LLC loses its good standing.
Common Mistakes to Avoid
- Using a P.O. box for the registered agent or principal address. The Florida registered agent requires a physical street address.
- Assuming the name is approved before you receive the acknowledgment.
- Naming the LLC as its own registered agent. That is not allowed.
- Ignoring the annual report because you do not expect any income in the first year. The report is required regardless.
- Treating the EIN as optional. Banks and vendors usually require it.
- Opening a bank account before confirming the bank's non-resident policy. Ask first to avoid losing the fee and time.
- Skipping the sales tax registration when you sell taxable goods or services.
- Mixing personal and business money. Separate accounts support the liability protection you formed the LLC to get.
- Relying on the LLC for federal or home-country tax answers. Those rules depend on your residence, your citizenship, and your ownership structure. Confirm them with a qualified CPA.
What Results to Expect
A properly filed LLC gives you a legal entity that can sign contracts, hold accounts, and file state paperwork in its own name. The Division's acknowledgment is your proof that the filing was accepted. Once you have it, you can typically move on to the EIN and bank steps.
Expect the process to take longer than the state filing alone suggests. The Division publishes no guaranteed turnaround, and EIN and bank timelines depend on the channel you use and the institution you choose. Many non-residents find the bank step is the slowest part, so start those conversations early. Your results depend on how well you prepare, how accurately your filings match each other, and how consistently you meet your annual obligations. This article cannot promise any specific outcome for your business.
Helpful Florida Resources
- Florida Department of State, Division of Corporations (Sunbiz): filings, searches, and forms.
- Florida Department of Revenue: sales tax, corporate income tax, and tax registration.
- Florida SBDC Network: small business advisers who can review your plan.
- SBA South Florida district office: federal small business resources for the South Florida region.
Final Word
Forming a Florida LLC as a non-resident is straightforward on the state side. The difficult parts are the registered agent, the EIN, and the bank account, so handle those before you need the business to run. Confirm current fees and requirements on the official pages before you file, and talk with a qualified attorney and CPA about your tax position and your home-country obligations. This article is informational only and is not legal or tax advice.