Starting a business in Florida as a foreign entrepreneur is one of the most attractive options in the U.S.
Florida offers affordable LLC filing fees, no state income tax for individuals, and a straightforward online filing system through Sunbiz.org. But if you’re coming from abroad, the process can feel overwhelming, between IRS forms, Beneficial Ownership reporting, and annual report deadlines, there are a lot of moving pieces.
At Portalatin Business Law Firm, we help international entrepreneurs, from Latin America to Europe, go open or buy a business in Florida with confidence. Our trilingual team makes sure nothing is lost in translation, while our proactive legal approach reduces liability and protects your brand from day one.
Key Takeaways
- Florida LLCs are affordable and accessible for foreign entrepreneurs, offering low filing fees, no state income tax, and straightforward online registration.
- Foreign owners must comply with U.S. requirements like obtaining an EIN, presenting BE-13 filings and Beneficial Ownership reports (if applicable), and submitting annual reports on time to avoid steep penalties.
- While forming an LLC is possible to do on your own, legal guidance to help handle IRS filings, banking, and trademark protection, reduces risks and unnecessary costs.
What Is a Florida LLC for Foreign Entrepreneurs?
A Florida LLC is a business structure that protects your personal assets while allowing you to operate in the U.S. Even if the company has debts or lawsuits, your home, personal savings, and other personal assets remain separate and protected.
Foreigners can own and manage a Florida LLC without living in the U.S. The only requirement is a registered agent with a Florida street address to receive official documents.
Florida is attractive for international founders because there is no state personal income tax, filing is simple through Sunbiz.org, and the state has strong global business connections.
Benefits of Starting a Florida LLC as a Foreigner
Forming a Florida LLC offers clear advantages for non-U.S. residents:
- No state personal income tax: you only deal with federal taxes
- Low start-up cost: filing Articles of Organization costs $125
- Simple online process: registration is handled through Sunbiz.org
- Global business hub: Florida is a gateway to Latin America, Europe, and beyond
- Asset protection: your personal property stays separate from company liabilities
- Credibility: a U.S. company makes it easier to open bank accounts and work with U.S. clients
Step-by-Step Guide to Forming a Florida LLC as a Foreigner
Starting a Florida LLC as a foreigner is straightforward if you follow these steps:
1. Choose a Name and Check Availability
Search the Sunbiz.org database to make sure your company name is unique and meets Florida naming rules.
2. Appoint a Registered Agent
Your LLC must have a registered agent with a Florida street address to receive legal and tax documents.
3. File Articles of Organization ($125 Fee)
Submit the Articles of Organization online at Sunbiz.org and pay the $125 filing fee.
4. Get an EIN from the IRS
Apply for an Employer Identification Number using Form SS-4. This is required for taxes and opening a U.S. bank account.
5. Create an Operating Agreement
Outline ownership, responsibilities, and management rules. Florida does not require it, but it protects against disputes.
6. Prepare a BE-13 Filing
All entities owned more than 10% by a foreign person or entity must file a BE-13 or Claim of Exemption within 45 days of registering that entity.
7. Open a U.S. Business Bank Account
Most banks will require your Articles of Organization, EIN, and passport. Some may also ask for an ITIN or operating agreement.
8. File Annual Reports
Submit an annual report to Sunbiz.org by May 1 each year. The fee is $138.75, and late filings add a $400 penalty.
Costs of Starting and Maintaining a Florida LLC
Starting an LLC in Florida comes with state fees and ongoing compliance costs. Here’s a clear breakdown:
| Expense | Amount | When Paid |
| Articles of Organization | $125 | One-time filing with Sunbiz |
| Registered Agent | $49–$300/year | Annual cost depending on provider |
| Annual Report | $138.75 | Due May 1 each year |
| Late Annual Report Penalty | $400 | If filed after May 1 |
| Beneficial Ownership Report (FinCEN) | $0 | Required within 30 days of formation |
| Operating Agreement | $0–$2500 | Optional, varies if attorney-prepared |
| Business Bank Account | $0–$50/month | Depends on bank policies |
| Trademark Registration (Optional) | $$350 per class | Protects brand at state or federal level |
Tax Considerations for Foreign Owners of Florida LLCs
Owning a Florida LLC as a foreigner comes with U.S. federal tax rules and some state-level obligations. Here’s what you need to know:
Federal Taxes
- Single-member LLCs are usually “disregarded entities.” Profits are reported on IRS Form 1040-NR if you earn U.S. income.
- Multi-member LLCs must file Form 1065 and issue K-1s to members.
- Foreign-owned LLCs with reportable transactions must file Form 5472 with a pro-forma 1120. Penalties start at $25,000 for failing to file.
- An EIN is required to handle taxes and open a bank account.
State Taxes in Florida
- Florida has no personal state income tax.
- LLCs that elect to be taxed as corporations pay a 5.5% corporate tax on taxable income.
- Florida has a 6% sales tax on goods and certain services, plus county surtaxes ranging from 0.5% to 1.5%.
International Considerations
- If your country has a tax treaty with the U.S., you may avoid double taxation.
- You may need an ITIN if you don’t qualify for a Social Security Number.
- Report all foreign bank accounts and assets as required by U.S. law.
- Talk to a tax professional before beginning any transactions in the U.S.
Additional Considerations for Foreign Entrepreneurs
Starting a Florida LLC is only the first step. Foreign founders should also keep these points in mind:
Immigration Status
Forming an LLC does not grant a visa or work permit. You can own the company from abroad, but working inside the U.S. requires the right visa.
Opening a Bank Account
Most U.S. banks require your Articles of Organization, EIN, and passport. Some may ask for an ITIN. Policies vary, so contact banks in advance or work with a firm that can guide you.
Trademark Protection
Registering your trademark in the U.S. protects your brand against imitators. Portalatin Business Law Firm offers trademark services and can align brand protection with your LLC formation.
Get Legal Support to Launch Your Florida LLC with Confidence
Forming a Florida LLC as a foreigner is possible on your own, but professional support ensures that it is done right. Missing a filing, tax form, or compliance step can lead to penalties and put your business at risk.
At Portalatin Business Law Firm, we help international entrepreneurs set up Florida LLCs properly and efficiently. Our trilingual team works in Spanish, Portuguese, and English, making the process simple for clients across Latin America, Europe, and beyond.
We go beyond formation by offering trademark protection, business transaction services, and strategies that strengthen your brand while reducing liability.
Ready to start your Florida LLC? Contact us today to get experienced guidance and peace of mind.
