How to open a Florida LLC as a non-resident

Opening a Florida LLC from another country is simpler than it looks: you don't need to travel, hold U.S. residency or have a Social Security number. What you do need is to take the steps in the right order and know about a couple of yearly obligations that most guides skip, and that get expensive if you miss them. This guide walks you through each step, with the official fees and a source for every figure.

Before you start: what an LLC is (and isn't)

An LLC (limited liability company) is the most common way to set up a small business in the U.S. It keeps your personal assets separate from the company's, and it is flexible in how it is run and how it is taxed.

What it doesn't do is change your immigration status. Owning an LLC does not give you a visa, residency or permission to work in the U.S. You can own it and run it from your home country, but working in person in the U.S. is a separate question that depends on your visa. If that applies to you, talk to an immigration attorney first.

This guide focuses on the most common case: a single-owner LLC whose owner lives outside the U.S. If there will be several partners, the LLC is taxed as a partnership by default and the tax picture changes considerably. In that case, get an accountant involved from the start.

Step 1. Choose a name

Under Florida law, your LLC's name must include the words “limited liability company” or the abbreviation “LLC” or “L.L.C.” It also has to be distinguishable from names already on the record.

Before you commit, search it in the Sunbiz business search. If you plan to use it as a brand, check that the domain and social handles are free too. Registering the LLC does not protect the name as a trademark nationwide.

Step 2. Appoint a registered agent

Every Florida LLC needs a registered agent: the person or company that receives official and legal notices on its behalf. The law requires a physical registered office in Florida, and the agent can be:

• an individual who resides in Florida and whose business address is the same as the registered office; or
• an entity authorized to do business in Florida, at that same address.

If you don't live in Florida, you can't be your own agent. Most non-resident owners hire a professional registered agent service for a yearly fee. A P.O. box won't work: it has to be a street address where someone can receive documents during business hours.

Step 3. File with Sunbiz

Your LLC comes into existence when you file the Articles of Organization with the Florida Division of Corporations through its website, Sunbiz. It's done online and you don't need to be in the U.S.

The official fees are:

• $100 filing fee plus $25 for the registered agent designation: $125 in total.
• Optional: a certificate of status for $5 and a certified copy for $30. Some banks ask for one of them.

Keep in mind that everything you file on Sunbiz is public: anyone can look up the names and addresses on the record. If privacy matters to you, think about which address you use. Many owners use a professional service's address as their mailing address instead of their home.

Sunbiz processes filings in the order received and does not promise a set turnaround. Its website shows the dates currently being processed.

Step 4. Write an operating agreement

The operating agreement is the internal document that sets out who owns the LLC, how decisions are made and what happens if someone joins or leaves. It is not filed with Sunbiz.

Florida law allows it to be oral, implied or written, even for a single-member LLC. In practice, always have it in writing and signed: banks usually ask for it, and it is your best evidence that you and the company are separate.

Step 5. Get an EIN without an SSN

The EIN (Employer Identification Number) is your LLC's tax ID with the IRS. You'll need it to open a bank account, invoice clients and meet your yearly obligations. The IRS does not charge for it. Be wary of websites that charge you to “get” one without making clear it is an optional service.

The online application is only available if the responsible party has an SSN, ITIN or EIN. If you have none of these, you file Form SS-4 in one of these ways:

• By phone, for international applicants only: +1 267-941-1099 (not toll-free), Monday to Friday, 6:00 a.m. to 11:00 p.m. Eastern time. You get the number during the call.
• By fax to +1 304-707-9471 if sending from outside the U.S. It usually arrives in about 4 business days.
• By mail to “Attn: EIN International Operation, Cincinnati, OH 45999”. It takes about 4 weeks.

One key detail: on line 9a of the SS-4, check “Other” and write “Foreign-owned U.S. disregarded entity - Form 5472”. That tells the IRS from day one that your LLC will file that form every year (more on that below).

Step 6. Open a bank account

With the LLC filed and your EIN in hand, you can open a business account. Banks are legally required to verify your identity. If you are not a U.S. person, they can accept your passport (with its country of issuance) or another government-issued photo ID showing your nationality or residence.

Every bank sets its own requirements, but they commonly ask for:

• the Articles of Organization and sometimes a certificate of status;
• the IRS letter confirming your EIN;
• the signed operating agreement;
• your passport and, often, proof of address.

Many traditional banks ask you to come to a branch in person. Some digital financial platforms let you open an account remotely, though they may have limits or not accept certain countries. Compare terms before you choose, and above all, don't mix personal and LLC money.

Step 7. Local licenses, if you operate in Miami

If your LLC exists only on paper and you work from abroad, this step probably doesn't apply. But if you will have premises or a place of business in Miami, Miami-Dade County requires a Local Business Tax Receipt for each place of business. If it is inside a municipality (the City of Miami, for example), you will also need a city receipt.

Some activities also require specific state or professional licenses. Check before you start operating.

Yearly obligations

This is where most people slip. Forming the LLC is a one-time task; keeping it in good standing happens every year.

Form 5472, explained

If you are the sole owner and live outside the U.S., the IRS treats your LLC as a foreign-owned U.S. disregarded entity. The LLC doesn't file its own income tax return, but every year it must file Form 5472 attached to a pro forma Form 1120 (where only a few fields are completed).

It reports transactions between the LLC and its owner: for example, money you put in to form or run it, and money you take out. It is sent by fax or mail to a dedicated IRS address (it can't be e-filed), and the penalty for not filing it, or for filing a substantially incomplete form, is $25,000. This is exactly the kind of filing worth paying an accountant for.

What about income tax?

It depends on your situation. Florida has no state personal income tax, and its corporate income tax applies to entities taxed federally as corporations, not to a single-owner LLC that hasn't elected that treatment. At the federal level, whether you owe U.S. tax depends on whether your income is considered connected with a U.S. trade or business. Your home country may also tax the same income. An accountant who knows your situation needs to assess this, including any tax treaty between your country and the U.S.

What about FinCEN's beneficial ownership (BOI) report?

If you've read about beneficial ownership information (BOI) reporting to FinCEN, the Treasury Department's financial crimes agency: since March 2025, companies created in the U.S., including a Florida LLC, are exempt. FinCEN made that exemption permanent in a rule effective August 14, 2026. Only certain companies formed abroad and registered to do business in the U.S. still have to report.

What it costs

These are the official fees. On top of them come any private services you choose (registered agent, accountant, filing help), whose prices vary widely by provider.

Fees from the Florida Division of Corporations and the IRS, checked in October 2026. They can change: confirm them at the sources before paying.

Common mistakes

1. Thinking the LLC lets you live or work in the U.S. It doesn't. Those are separate paths.
2. Forgetting Form 5472. Even if the LLC billed nothing, any money moving between you and the LLC means you have to file.
3. Using an invalid registered agent address. It must be a physical address in Florida.
4. Paying for an EIN without knowing it's free. The IRS doesn't charge; any cost is for an optional service.
5. Mixing personal and business money. It complicates your books, your Form 5472 and the protection the LLC gives you.
6. Missing May 1. From that day on, the annual report costs $400 more.

FAQ

Next step

If you're now sure you want to open your LLC, the two things that will save you the most time and trouble are a good registered agent and an accountant who knows foreign-owned companies. That's exactly what we're building at inMiami.ai: a network of independent professionals in Miami, in English and Spanish.