When doing business in Florida as a foreign LLC, your LLC qualifies as foreign if its formation happened in another state.3 min read Show
1. Getting Foreign Qualification When doing business in Florida as a foreign LLC, your LLC qualifies as foreign if its formation happened in another state. Foreign does not necessarily mean its formation occurred in a different country, but rather, just under the laws and regulations of a place that isn't Florida. Getting Foreign QualificationTo operate legally in Florida with your out-of-state LLC, you'll need to go through foreign qualification. Because Florida has unique local compliance regulations, foreign qualification ensures you are adhering to all guidelines. If you fail to do this, your company might get in trouble. There are a few different steps to getting foreign qualification in Florida:
For more information on collecting sales tax from Florida residents, refer to the Marketplace Fairness Act and the Remote Transaction Parity Act, both of which propose how the government plans to collect taxes from online retailers and online sales. Information You Need for the Registration ApplicationThe first step in doing business in Florida is filling out the registration application. Here is all of the information you'll need on the form:
When you have compiled all this information, create two copies - one original and one duplicate. Send these both into the Florida Department of State Registration Section, Division of Corporations, along with a filing fee of $125. While the application itself only costs $100, the additional $25 is for designating a Florida registered agent. If you decide to file online, you should hear back in one to two days. If you send in your application via snail mail, normal processing time is five business days. The fastest way to get approval is to drop off your application in person, as you'll get a response that same day. Penalties for Not Registering in FloridaThere are several downfalls for not registering your foreign LLC in Florida. Perhaps the biggest is the inability to bring about a lawsuit if a business deal goes wrong. This means you might lose money if your company has a deal that does not go ahead as anticipated. Additionally, you will be subject to certain fines depending on how long you've been doing business in Florida without registering. You'll have to pay the registration filing fees as well as a penalty of $500 to $1,000 for each year you were not registered. Times You Don't Need to Register Your BusinessNot all types of transactions require you to register your business in Florida. Some of these include:
If you need help with doing business in Florida as a foreign LLC, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Was this document helpful? Share it with your network! The Best Lawyers For Less Hire the top business lawyers and save up to 60% on legal fees Talk to a Top Lawyer for Free Content Approved Want High Quality, Transparent, and Affordable Legal Services? Does an out of state business need to register in Florida?Even though your business is out of state, you may be required to register or file tax in Florida.
Am I required to register my business in Florida?To start a business in Florida you need to: Check with your County Tax Collector to see if you need a license. Register your business with the Department of Revenue. Register with the IRS.
Does an out of state LLC have to register in Florida?Most states, like Florida, require out-of-state LLCs to register before transacting business there.
What is considered transacting business in Florida?transacting business in interstate commerce. conducting an isolated transaction that is completed within thirty days and is not one in the course of similar, repeated transactions. in certain circumstances, owning and controlling other corporations, LLCs, or partnerships; and.
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