Form a S-Corp in Florida
Everything you need to know about forming a S-Corp in Florida. Filing fees, requirements, timeline, and step-by-step guidance.
Want this turned into your personalized S-Corp roadmap for Florida?
Sign up free — we'll track every step, deadline, and what comes after the LLC.
How to File
Choose a Corporate Name
Select a unique name that includes 'Corporation,' 'Incorporated,' 'Company,' or an abbreviation (Corp., Inc., Co.). Search the Florida Division of Corporations database at sunbiz.org to confirm availability.
30 minutes
Appoint a Registered Agent
Designate a registered agent with a physical street address in Florida who is available during normal business hours to receive legal documents. The agent can be an individual Florida resident or a qualified commercial registered agent.
30 minutes
File Articles of Incorporation
Submit the Articles of Incorporation to the Florida Division of Corporations online at sunbiz.org or by mail, including the corporate name, principal office address, registered agent information, incorporator details, and number of authorized shares. The filing fee is $70.
1-2 hours
Obtain an EIN from the IRS
Apply for a federal Employer Identification Number (EIN) from the IRS online at irs.gov at no cost. The EIN is required before electing S-Corp status and for opening a business bank account.
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 treatment. This must be filed no later than 2 months and 15 days after the beginning of the tax year in which the election takes effect, or at any time during the preceding tax year.
- •Adopt Bylaws and Hold Organizational Meeting — Draft corporate bylaws governing internal operations, then hold an initial organizational meeting of the board of directors to adopt bylaws, appoint officers, issue stock, and document decisions in meeting minutes. Florida law requires corporations to maintain bylaws.
- •Obtain Licenses, Permits, and Open Bank Account — Apply for any required Florida state business licenses, local county or city occupational licenses, and industry-specific permits. Open a dedicated business bank account using the EIN and Articles of Incorporation to maintain corporate separation.
Advantages
- ✓Florida has no personal state income tax, so S-Corp pass-through income to shareholders avoids state income tax entirely
- ✓Shareholders who are active in the business can reduce self-employment taxes by paying themselves a reasonable salary with remaining profits distributed as dividends not subject to FICA
- ✓Provides strong personal liability protection, shielding shareholders' personal assets from corporate debts and lawsuits
- ✓Florida's low annual report fee ($138.75) and absence of a state franchise tax make ongoing compliance costs relatively low compared to many other states
Considerations
- •S-Corp election imposes strict IRS eligibility restrictions: limited to 100 shareholders, only one class of stock, and shareholders must be U.S. citizens or residents, restricting investment flexibility
- •Active shareholder-employees must be paid a 'reasonable salary' subject to payroll taxes, adding administrative burden including payroll processing, W-2s, and quarterly tax deposits
- •More administrative formalities required than an LLC, including mandatory bylaws, board meetings, officer appointments, stock issuance records, and meeting minutes to maintain corporate status
Annual Obligations
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