Form an S-Corp in Florida

Everything you need to know about forming an S-Corp in Florida. Filing fees, requirements, timeline, and step-by-step guidance.

Want this turned into your personalized S-Corp roadmap for Florida?

See it free, no account needed. Save it later to track every step, deadline, and what comes after forming an S-Corp.

See My Free Roadmap
$70
Filing Fee
3-5 business days
Processing Time
Required
Registered Agent

How to File

1

Choose a Corporate Name

Select a unique business name that includes a required designator such as 'Inc.', 'Incorporated', 'Corp.', or 'Corporation'. Search the Florida Division of Corporations name database at sunbiz.org to confirm availability.

30 minutes

2

Appoint a Registered Agent

Designate a registered agent who has a physical street address in Florida and is available during normal business hours to receive legal and government documents on behalf of the corporation. The agent must consent to the appointment.

30 minutes

3

File Articles of Incorporation

Prepare and file Articles of Incorporation with the Florida Division of Corporations through the sunbiz.org portal or by mail, paying the $70 filing fee. The articles must include the corporate name, principal office address, registered agent information, number of authorized shares, and incorporator details.

1-2 hours

4

Obtain an EIN from the IRS

Apply for a Federal Employer Identification Number (EIN) through the IRS website at no cost. This number is required to open a business bank account, hire employees, and file federal and state taxes.

30 minutes

What's Next After Filing

Once your S-Corp is officially formed, you'll want to complete these important steps:

  • •File IRS Form 2553 for S-Corp Election — Submit IRS Form 2553 (Election by a Small Business Corporation) to elect S-Corporation tax status. The form must be filed no later than 2 months and 15 days after the beginning of the tax year the election is to take effect, and all shareholders must sign.
  • •Adopt Corporate Bylaws and Hold Organizational Meeting — Draft and adopt corporate bylaws governing the internal operations of the corporation, then hold an initial organizational meeting of the board of directors to appoint officers, issue stock shares, and ratify key decisions. Florida does not legally require bylaws but they are strongly recommended.
  • •Obtain Licenses, Permits, and Open Business Bank Account — Register with the Florida Department of Revenue for applicable state taxes, obtain any required local business licenses or professional permits, and open a dedicated business bank account to maintain corporate separation. Florida has no state income tax on S-Corporation pass-through income at the individual level.

Advantages

  • ✓Pass-through taxation avoids federal double taxation, with profits and losses reported on shareholders' personal tax returns
  • ✓Shareholders who are active employees can reduce self-employment taxes by splitting income between reasonable salary and distributions
  • ✓Florida imposes no personal state income tax, maximizing the tax advantage of S-Corp pass-through income for shareholders
  • ✓Provides strong personal liability protection, shielding shareholders' personal assets from corporate debts and legal judgments

Considerations

  • •S-Corp election imposes strict IRS eligibility restrictions: limited to 100 shareholders, only one class of stock allowed, and shareholders must be U.S. citizens or permanent residents
  • •Requires more administrative formality than an LLC, including maintaining bylaws, holding annual meetings, recording meeting minutes, and observing corporate formalities to preserve liability protection
  • •Florida's $138.75 annual report fee and ongoing compliance requirements add administrative burden and cost compared to simpler business structures

Annual Obligations

Annual Report Fee:$138.75
Report Due:May 1
Florida requires all corporations to file an Annual Report with the Division of Corporations by May 1 each year. The standard filing fee is $138.75. A $400 late fee is assessed if the report is not filed by the third Friday of September, and failure to file results in administrative dissolution. Florida imposes no personal income tax, so S-Corp shareholders do not pay state income tax on pass-through income. However, the corporation itself may be subject to Florida's corporate income tax of 5.5% on any built-in gains or passive investment income that triggers federal corporate-level tax under IRS S-Corp rules.
Last verified: August 2026Source

What OpenChamber Does

We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.

Personalized Checklist

Every task you need, organized by priority and tailored to Florida.

Vetted Professionals

When you need help, we connect you with professionals we trust.

Progress Tracking

Never lose track of where you are or what's next.

Track Your Progress

Get a personalized checklist for forming your S-Corp in Florida — and everything that comes after.

Get Your Free Checklist