How to Form an S-Corp in Florida With Inc Authority

We’ve explored various business formation services, and Inc Authority stands out as a top option for forming your S-corp in Florida. Setup is free, you only pay filing fees.

They’ve helped 250K+ businesses kickstart their S-corps and can assist you, too.

Start Your S-Corp Today

1-Year Registered Agent Service Free

Get experts to prepare, review, and file your S-corp application for free.

Benefit from complimentary registered agent services for the first year.

Get a free tax consultation and other free business services as well.

Things to Know Before You Form an S-Corp in Florida

There are tax benefits and protection against liability when starting an S-corp in Florida. However, it’s important to understand the state’s filing requirements.

Here are some important points to keep in mind before forming an S-corp in Florida.

  • An S-corp in Florida must file Articles of Incorporation, designate a registered agent with a physical street address in Florida, and ensure the business name includes an appropriate suffix like “Corporation,” “Corp.,” or “Inc.”
  • To qualify as an S-corp, the entity must be domestic, have no more than 100 allowable shareholders, and have only one class of stock. It should also exclude partnerships, corporations, or non-resident aliens from ownership.
  • You need to obtain a federal Employer Identification Number (EIN) from the IRS when setting up an S-corp in Florida. The EIN is required when filing Form 2553, and it’s necessary for bank accounts, payroll, and hiring.
  • The state of Florida generally applies pass-through taxation similar to federal S-corps. Most S-corps aren’t required by law to pay separate state corporate tax unless they report federal taxable income on Line 23c of Form 1120-S.

After forming an LLC or corporation and electing S-corp status, staying on top of annual reporting and compliance is crucial. This ensures your S-corp in Florida remains in good standing while helping you avoid unnecessary, costly penalties.

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1. Choose a Legal Business Name

Select a business name that reflects your company’s purpose, but also consider future expansion. It should be simple for customers to pronounce and remember. States like Florida allow you to reserve a business name in advance to avoid delays.

It’s also advisable to secure a matching domain name when forming an S-corp in Florida. Select a business name that reflects your brand identity and ensures full compliance with all applicable state regulations and federal naming requirements.

Choose a Legal Business Name
Pick a Registered Agent

2. Pick a Registered Agent

Every S-corp in Florida must have a registered agent in the state to receive official documents and legal notices. This role ensures that you never miss deadlines and important correspondence. The agent can be an individual or a professional service.

There is also the option of serving as your own registered agent. However, most businesses usually choose to delegate that role to a reliable agency. Besides receiving documents, this helps maintain good standing and keeps you compliant.

3. File the Articles of Incorporation

You can’t directly form an S-corp since it’s a tax election rather than a separate business entity. First, you establish a corporation by filing articles of incorporation with the appropriate state office, and then you request an S-corp tax status.

Another option is to form an LLC, and elect S-corp taxation so you can establish the legal foundation for your business. It’s highly recommended that you use incorporation services to handle all the paperwork efficiently on your behalf.

File the Articles of Incorporation
Apply for an EIN

4. Apply for an EIN

An Employer Identification Number (EIN) is essential for running an S-corporation. You’ll need one to open a business bank account, file taxes, and hire employees. It also allows you to apply for all the permits and licences required by the state.

Without an EIN, you cannot properly separate your business finances from personal ones. This puts you at greater risk in the event of a lawsuit. Fortunately, applying for an EIN is free through the IRS and can be completed quickly online.

5. File S-Corp Election Form

After setting up your LLC or corporation, file Form 2553 with the IRS so it can be treated as an S-corp. This election affects your tax classification rather than your business structure. So, ensure you meet all the federal and state filing requirements.

For example, you should not have more than 100 shareholders and must hold only one class of stock. Shareholders must also meet all the IRS requirements. Dealing with this form promptly ensures your S-corp enjoys tax benefits as soon as possible.

File S-Corp Election Form
Draft Corporate Bylaws

6. Draft Corporate Bylaws

Unlike most states, Florida mandates S corporations to have corporate bylaws. These bylaws outline how you govern and manage your S corporation in Florida.

These corporate bylaws detail the procedures for adding or removing board members. They set expectations for directors, officers, and shareholders, covering responsibilities, dispute settlement, and decision-making processes.

7. Issue Stock to Shareholders

S-corporations must issue common stocks to shareholders, and these stocks must carry voting rights. Stocks can be distributed as paper certificates or electronically, depending on your preference. Plus, shareholders must be permanent U.S. citizens.

The total number of stocks for an S-corp in Florida cannot exceed 100. Properly issuing stock formalizes ownership, ensures compliance with IRS rules, and helps prevent problems in the future with taxes or shareholder agreements.

Issue Stock to Shareholders
Appoint Board of Directors

8. Appoint Board of Directors

Next up, you need to appoint a board of directors to oversee important management decisions. At least one director must be named, but you can add or remove members as needed. The board is responsible for policies and overall direction.

Setting up this level of leadership early when forming your S-corp in Florida is recommended. It ensures clear accountability, smooth decision-making, and compliance with all the corporate laws that govern these types of businesses.

Why Should You Outsource S-corp Formation to an Expert?

Setting up an S-corp in Florida involves more than just filling out forms and legal paperwork. It requires attention to detail and legal precision. By letting a professional manage your Florida S-corp setup, you get to enjoy the following.

Gain Valuable Tax Insights

Gain Valuable Tax Insights

A skilled advisor does more than submit paperwork. They’ll also help you structure your S-Corp in Florida to maximize available tax advantages.

Launch your S corp faster

Launch Your S-Corp Faster

Outsourcing the formation and management of your S-corp in Florida to professionals enables you to remain compliant with all tax and legal obligations.

Prevent Delays From Errors

Prevent Delays From Errors

A tiny mistake on your paperwork can set you back weeks. With an expert handling your S-Corp in Florida formation, you avoid those pitfalls.

Why Choose Inc Authority to Form an S-Corp in Florida

Creating an S-corp in Florida is hassle-free and more affordable with Inc Authority. It provides free formation services, professional guidance, and business growth tools.

Entity Formation Services

Entity Formation Services

Inc Authority prepares all paperwork for your Florida corporation or LLC. This reduces filing mistakes and helps you receive state approval faster without delays.

Registered Agent Service

Registered Agent Service

You’ll receive one year of registered agent services at no cost, with affordable renewals afterwards. This ensures your S-corp in Florida never misses important deadlines.

Strategic Tax Review

Strategic Tax Review

A dedicated tax team reviews your financial history and filing options to identify possible tax savings. You’ll get actionable steps to lower your taxable income.

Start Your Florida S-Corp Today
free
starter

Starter

In addition to what’s in the free plan, the Starter plan gives you the following:

  • LLC Operating Agreement/Corporate Bylaws: Use customizable templates with instructions to create governance documents.
  • Initial Meeting Minutes & Resolutions: Hold your first organizational meeting and get professionally prepared minutes.
  • Ownership or Stock Certificates: Create and distribute official ownership or stock certificates with legally compliant support.
  • Employer Identification Number (EIN): Quickly obtain your federal EIN with guided assistance to ensure fast processing.
  • Corporate Forms and Document Package: Access editable business form templates designed to save time and keep things organized.
  • Annual Compliance Alerts: Get automated reminders for filing deadlines and compliance requirements to stay in good standing.
  • In-Depth Tax Consultation: Speak with a specialist for tax planning guidance to maximize savings for your Florida S-Corp.
  • Website Domain + 5 Business Emails: Claim a free domain name along with five professional email accounts.

Price: Custom

Fasttrack

This is the final plan that includes everything in the Starter plan, plus the following:

  • Dedicated Customer Success Advisor: Get paired with a personal advisor who guides you step-by-step through your Florida S-Corp formation.
  • Private Banking Specialist: Work with a specialist to set up a dedicated business bank account to separate your different finances.
  • Tailored Business Guidance: Receive expert advice on selecting the right tools and setting achievable growth goals from experienced experts.
  • Priority Filing & Processing: Enjoy faster document preparation and priority submission so your business can start operating without delays.

Price: Custom

FAQ

It depends on your goals, how you want to be taxed, and how you plan to run the business.

An LLC offers flexibility because profits can pass directly to members without being taxed at the company level. An S-corp, on the other hand, allows owners to pay themselves a salary while taking additional income as distributions.

To qualify for S-corporation status in Florida, a business requires the following:

  • Registration as a corporation or an LLC
  • A limit of no more than 100 shareholders
  • Shareholders must be U.S. citizens or residents
  • Only individuals, certain trusts, and estates can be shareholders
  • The business must also issue only one class of stock
  • Filing for IRS Form 2553 to officially elect S-corp status

The benefits of an S-Corp in Florida include the following:

  • Owners can pay themselves a reasonable salary while taking additional profits as distributions
  • Shareholders have liability protection
  • Personal assets are shielded from business debts and lawsuits

Florida does not impose a personal income tax. That means shareholders only pay federal taxes on their share of the S-corp’s income, with no extra state-level personal tax.

Some advantages of an S-Corp over a partnership include the following:

  • An S-Corp offers liability protection, while partners are responsible for business debts and legal claims in a partnership.
  • Partnerships pass all income directly to partners, while in S-Corps, owners can split income between a salary and distributions.
  • Ownership transfers in an S-Corp are smoother, and shares can be sold or transferred without dissolving the business. Partnerships usually require a new agreement if one partner leaves or a new one joins.