Forming an LLC (limited liability company) is one of the most popular ways to make a business official in Florida. It is affordable, you can file online, and it separates your personal assets from the debts of the business. Many people who arrive in the United States with a trade or a business idea start right here: a repair shop, a cleaning service, trucking, online sales or consulting.
This guide walks you through how the process works in 2026, from checking your name on Sunbiz to getting an EIN, filing the annual report and understanding how a single-member LLC is taxed. We also clear up a point that confuses many immigrants: what owning a company does, and does not, mean.
Step 1: Choose your name and check it on Sunbiz
Your LLC name must be distinguishable from other entities already on file in Florida and must end with "Limited Liability Company," "LLC" or "L.L.C." Before you file anything, run it through the Sunbiz entity search, the official portal of the Florida Division of Corporations. If a very similar name already exists, your filing will likely be rejected.
Tip: check whether the matching web domain and social media handles are free too. It can save you a rebrand later.
Step 2: Appoint a registered agent
Every Florida LLC needs a registered agent: a person or company with a physical Florida street address (no P.O. boxes) that receives official notices and legal papers for the business. You can serve as your own agent if you live in Florida, or you can hire a service. What matters is that someone is available at that address during business hours and actually reads the mail.
Step 3: File the Articles of Organization
The Articles of Organization are the document that legally creates your LLC. You file them online at Sunbiz, listing the name, principal address, registered agent and the people who manage the company.
According to the Division of Corporations fee schedule, the basic cost in 2026 is $125 ($100 for the articles plus $25 for the registered agent designation). A certified copy ($30) and a certificate of status ($5) are optional. Confirm the current amount on the official site before you pay.
Step 4: Get your EIN from the IRS (even without a Social Security number)
The EIN (Employer Identification Number) works like a Social Security number for your business. You will need it to open a bank account, hire employees and file taxes. It is free: the IRS never charges for an EIN, so be wary of websites that ask you to pay to "process" one.
- With an SSN or ITIN: if the responsible party has a Social Security number or an ITIN, you can apply online at IRS.gov/EIN and get the number right away.
- Without an SSN or ITIN: the online application is not available to you, but you can still get an EIN by faxing or mailing Form SS-4. The SS-4 instructions say that if the responsible party has no SSN or ITIN and cannot get one, you write "Foreign" on line 7b. The IRS does not require an ITIN to issue an EIN.
Step 5: Put an operating agreement in writing
Florida does not require you to file an operating agreement with the state, but having one is a smart move. This internal document spells out who owns what share, how decisions are made, how profits are split and what happens if a member leaves. Many banks ask for it when you open an account, even for single-member LLCs.
Step 6: Local licenses and sales tax
Business Tax Receipt (county and city)
Most Florida businesses need a Business Tax Receipt (formerly called an occupational license) from the county, and also from the city if you operate inside city limits. In Doral, for example, you apply with both the city and Miami-Dade County. The cost depends on the type of business and location, and it is renewed every year.
Sales tax registration
If you sell goods or certain taxable services, you must register with the Florida Department of Revenue to collect and remit sales tax (a 6% state rate, plus any county discretionary surtax). You can register online or with Form DR-1.
Step 7: Open a business bank account
Keeping business money apart from your personal finances is essential to protect your limited liability and keep your books clean. Banks usually ask for the Articles of Organization, the EIN, the operating agreement and a valid ID. Some banks accept a foreign passport and an ITIN; requirements vary by bank, so call ahead.
Step 8: Don't miss the annual report
Every LLC must file an annual report on Sunbiz between January 1 and May 1, starting the year after it was formed. In 2026 the LLC fee is $138.75. File after May 1 and a $400 late fee is added, which the state does not waive. If you never file, the company can be administratively dissolved in September.
What about the FinCEN BOI report?
In 2024 and 2025 there was a lot of talk about beneficial ownership information (BOI) reporting under the Corporate Transparency Act. According to FinCEN, companies created in the United States were exempted in March 2025, and a final rule effective August 14, 2026 made that exemption permanent. Today a Florida-formed LLC does not have to file a federal BOI report. The requirement now applies only to certain foreign-formed entities registered to do business in the U.S. Rules can change, so check the FinCEN site from time to time.
How a single-member LLC pays taxes
By default, the IRS treats a single-member LLC as a "disregarded entity." It does not pay federal income tax on its own; instead, profits are reported on the owner's personal return, usually on Schedule C. On top of income tax, the owner generally owes self-employment tax on net earnings.
- Florida has no state personal income tax.
- An LLC can elect to be taxed as a C corporation or an S corporation when that makes sense, a choice worth reviewing with your tax preparer.
- If the sole owner is a foreign person, the LLC generally must file Form 5472 with a pro forma Form 1120, even when no tax is owed. Penalties for skipping it are steep.
Owning an LLC as an immigrant
In Florida, a person who is not a U.S. citizen can form and own an LLC; the state does not ask about immigration status to register one. Still, it is important to be clear: owning a company does not grant immigration status or work authorization. Owning an LLC and working in it are two different things, and whether you can work for your own business depends on your immigration situation. For questions about your specific case, we recommend speaking with a licensed immigration attorney.
Frequently asked questions
How much does it cost to open an LLC in Florida in 2026?
The basic state fee is $125 on Sunbiz. Add, where it applies, the local Business Tax Receipt, a registered agent service and the $138.75 annual report starting the following year.
Can I get an EIN without a Social Security number?
Yes. With an ITIN you can apply online. With neither an SSN nor an ITIN, you can fax or mail Form SS-4 to the IRS.
Do I have to live in Florida to form an LLC here?
No. You do need a registered agent with a physical Florida address.
Does my LLC have to file a BOI report?
Under FinCEN's final rule effective August 2026, companies formed in the United States are exempt.
Does owning an LLC give me a work permit or residency?
No. Owning a business does not, by itself, grant any immigration status or employment authorization.
We can help you get started
At USA FILE Financial we handle your ITIN application, prepare your tax returns and keep your business books so your business starts on the right foot. Ready for the first step? Contact us and schedule a free call.