How do I form a Florida LLC?

In Florida, you create an LLC by filing “articles of organization” with the Secretary of State’s office and paying a filing fee. You’ll also need an LLC operating agreement, though it doesn’t need to be filed with the Secretary of State. Your operating agreement explicitly states the rights and responsibilities of the LLC owners (and managers, if applicable). An operating agreement clarifies the business arrangement between the owners and governs how your LLC will be run. If you don’t create a written operating agreement, the LLC laws of your state will govern the inner workings of your LLC.

After the articles of organization, filing is accepted by the Secretary of State, and you have an operating agreement, your LLC is official, but you will still need to obtain the licenses and permits that all new businesses must have to operate. These may include a business license (sometimes also referred to as a “tax registration certificate”), a federal employer identification number, a seller’s permit, or a zoning permit. Forming an LLC does not exempt you from any of these requirements that apply to all businesses. For more information, see the Licenses & Permits for Your Business area of ThelawQ.com’s website.

To begin creating your Florida LLC, visit the Online Florida LLC page at the ThelawQ.com website.

How much will it cost to form my Florida LLC?

The price of ThelawQ.com’s Online Florida LLC formation service varies depending on your needs. To compare the prices of ThelawQ.com’s three Florida LLC packages, see the package and pricing details page.

ThelawQ.com’s Basic Service. The lowest-priced package is ThelawQ.com’s Basic Service, which includes preparation of the articles of organization and regular filing, which will take three weeks.

ThelawQ.com’s Standard Service. Our standard service package gets you all of the benefits of the Basic Service plus preparation of the IRS application for a tax ID (Form SS-4) and the Business Forms Bundle, containing 30 forms and contracts that every small business needs. Includes access to The law.com Legal Forms for business anywhere at any time from your account. The processing time is three weeks.

ThelawQ.com’s Express Premiere Service. For all of these items plus Priority Rush Filing, a personalized LLC records book, membership certificates, and an LLC seal choose ThelawQ.com’s Express Premiere Service. With Priority Rush Filing, your LLC will be formed within one business day, and you’ll receive your final LLC documents seven to ten business days later.

You can also add one or more of the following services for a small fee: preparation of a customized operating agreement, registered agent service, accounting help, and/or business license advice.

Note that filing fees charged by the state are not included in our package prices. The Secretary of State charges $155. This filing fee will be added to your total when you check out.

In addition, you will need to send in your annual report along with a filing fee of $138.75 each year on the anniversary of the LLC’s formation.

Please note that coupon codes are not applicable to LLC packages.

How long will it take to form my Florida LLC?

If you order the Basic or Standard package, we will file your paperwork with the Florida Secretary of State within four to five business days, and you will receive your completed LLC documents by email two weeks later.

If you order the Express Premiere package, we will file your paperwork with the Florida Secretary of State within one business day. We will send you your completed LLC documents seven to ten days later, depending on processing time at the Department of State. You’ll receive your LLC records kit directly from the manufacturer.

How long do I have to work on my LLC formation?

You have 90 days to work on your LLC formation without purchasing it. Every time you work on your LLC formation through ThelawQ.com’s Online Legal Forms, your answers are automatically saved in the system.

Once you complete and pay for your LLC formation, ThelawQ.com’s Online Legal Forms will store your personal information for one year.

Will I have to pay taxes on my Florida LLC?

Federal taxes. The IRS does not impose taxes on the LLC; LLC income is reported on the members’ individual tax returns.

State taxes. Visit the Florida Department of Revenue’s website to learn about state LLC taxes in Florida. You may also find our article on annual LLC filing requirements in Florida helpful.

Self-employment taxes. LLC members (owners) who are active in the business will probably have to pay self-employment taxes on their share of LLC profits — just as partners in a partnership do.

Fortunately, an LLC member can deduct, as a business expense, half of the self-employment taxes paid. (Members in manager-managed LLCs may not have to pay self-employment taxes if they are not active in the business; if you are in this situation, consult a tax adviser to see if you should pay self-employment taxes.)

Can I form an LLC in a different state than the one in which my business will operate?

You can form an LLC in Florida even if your business is not located in Florida, and/or no LLC members will live there. But you will probably still need to qualify your LLC to do business in your home state — and this means you’ll have to file additional paperwork and pay additional fees. For more information on whether you’ll need to qualify to do business in certain states, read ThelawQ.com’s article Qualifying to Do Business Outside Your State on ThelawQ.com’s website. Note that if you don’t register to do business in another state when required, you won’t be able to enforce contracts in that state.

Also, be ready for some state tax complications if you form your LLC in a state that’s different from the state where all of its members live. For one thing, the LLC members might have to pay personal income taxes in the other state on LLC income. (At best, you might get credit for those taxes in your home state and not have to pay twice. At worst, you might have to pay taxes you wouldn’t have had to pay at home.) Other state taxes vary from state to state and might influence your choice of location for an LLC. An LLC — like any business — has to pay franchise taxes, sales and use taxes, other transaction and excise taxes, and employment, property, and transfer taxes.

In addition, in most states, you need to maintain a registered agent in the state where you form your LLC. To avoid these hassles, most smaller LLCs that will operate in only one state form their LLC in their home state. For more information, read ThelawQ.com’s article Where to Form Your LLC.

How can an LLC be ended after it has been formed?

Like a corporation, an LLC is meant to be a permanent legal entity, and it will exist — and incur taxes and fees, whether or not you are actively operating a business — until you take legal steps to dissolve it. If you decide to discontinue business as an LLC, you must file a certificate of cancellation and possibly a certificate of dissolution with the Secretary of State. For specifics, see the Secretary of State’s website at http://www.sunbiz.org/. For general information on closing a business, read the article Closing Your Business: What You Need to Do on ThelawQ.com’s website.

What happens after I pay?

Note: You will receive a confirmation email that includes the following information.

Your articles of organization will be generated and filed with the Secretary of State. Turnaround times vary according to the package you choose.

If you ordered ThelawQ.com’s Express Premiere Service, your LLC records binder and company seal will be sent to you independently, directly from the manufacturer.

As soon as your filing is complete, we will email you your final LLC documents, including your customized operating agreement (if you ordered one) and instructions on a few more steps you need to take, including holding an initial meeting of your members or managers and sending your annual report to the Secretary of State.

After completing your purchase, you may no longer go back and change your answers because your order is being processed. You may, however, view your answers by signing in to your ThelawQ.com account at www.ThelawQ.com, clicking on My Account, and clicking on Florida LLC.

Once we send your documents to the Secretary of State, we cannot refund your state filing fees and other third-party costs, such as courier and delivery services, should you decide to cancel your order. If you have any questions, please let us know here.

What if I want to change the information I gave you for my new LLC?

You have 90 days to work on your LLC formation documents without purchasing them. Every time you work on your LLC formation through ThelawQ.com’s Online Legal Forms, your answers are automatically saved in the system.

After completing your purchase, you may no longer go back and change your answers because your order is being processed. You may, however, view your answers by signing in to your ThelawQ.com account at www.ThelawQ.com, clicking on My Account, and clicking on Florida LLC.

ThelawQ.com’s Online Legal Forms will store your personal information for one year after you pay for your LLC formation.

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We can help you with the legal issue that you’re facing; feel free to email us any legal queries, and we will answer it for free. Our email address: info@thelawq.com and website: thelawq.com