If you’re ready to start a business in Florida, an LLC is the ideal option. It offers liability protection and state tax benefits, among other perks.
Forming an LLC in Florida is easy. But it’s important to understand the ins and outs of the process. Taking the time to do it right can help your company grow and succeed.
1. Choose a Legal Name
Choosing the right business name is critical to your success. A good name is clear, memorable and conveys what you offer to your customers.
Creating a name for your LLC can be a fun, creative process. But it can also be confusing, especially if you don’t know the ins and outs of naming laws.
For starters, you’ll need to ensure that your business name is unique and distinguishable from any existing businesses on file with the Florida Department of State. This requirement is designed to prevent confusion among potential customers and members of the public.
2. Organize Your Company
If you’re forming an LLC for the first time, it’s important to organize your business properly. This will ensure that all legal documents are in order and that you can run your company smoothly.
The best way to organize your company is to create an operating agreement. This document will clearly outline your core business processes, the ownership duties of your members and how profits are distributed.
It’s also a good idea to establish a separate bank account for your LLC. This will help you separate your personal finances from those of your business and keep your debts under control.
3. File Articles of Organization
Filing your articles of organization is a critical step in the formation process. Failure to properly complete these documents can lead to costly problems down the road.
State laws require that all LLCs file articles of organization with the Secretary of State. These documents are similar to birth certificates for your company, and they outline important information about your business.
You can file your articles of organization online using Sunbiz’s free platform or you can mail them in. The process takes 1-3 days online and 8-17 days by mail.
4. File Annual Reports
In most states, businesses must file annual reports to keep their records up to date. This includes information about the business, its officers, and owners.
The Florida Division of Corporations requires all LLCs to file an annual report before May 1. This form is used to verify and update the state’s records about your company.
The Division of Corporations will send you courtesy reminder notices about filing your annual report throughout the year. These reminders can help you avoid late fees or have your company administratively dissolved by the state.
5. Maintain a Registered Agent
Every state requires that corporations and LLCs have a registered agent, which is the person or business that receives important documents and legal notices on behalf of the entity. This can include tax documents, lawsuits, and any other legal matters that need to be addressed on the company’s behalf.
Having a registered agent takes one responsibility off your plate, which can give you more time to focus on the actual business of your company. You can either serve as your own registered agent, appoint someone else or hire a service to take care of it for you.
A registered agent can be a great asset to your business, as they help you keep up with legal paperwork and other administrative tasks, which allows you to focus on growing your company. They also have the ability to help you with the entire process of forming an LLC, including filing articles of organization and annual reports.
6. File Taxes
Florida LLCs are required to file a tax return each year. The first report is due between January 1 and May 1.
If you’re not familiar with filing taxes, a tax professional can help. The IRS has a complete business tax filing service that can help.
In addition, LLCs are required to obtain an Employer Identification Number (EIN) for federal tax purposes. You can apply for one online or by fax or mail.
Owners of LLCs pay self-employment tax on their business profits, less deductions and allowances. Employees are subject to payroll taxes on their wages, unless they are exempt for some reason.