Non-Resident Florida LLC — How to Form from Another State or Country

Florida does not require LLC members or managers to be state residents. You can form a Florida LLC from anywhere — another US state or another country entirely. The process is the same as for residents, with one key requirement: you must designate a registered agent who IS in Florida (a Florida resident individual or an authorized Florida business entity with a physical FL address).

This makes Florida one of the easiest states for non-residents to form an LLC, and the no-state-income-tax advantage makes it particularly attractive for e-commerce sellers, freelancers, and investors who can base their business in a no-tax state.

For the complete formation process, see our formation guide. For all guides, see our guides overview.

Why Non-Residents Form Florida LLCs

No state income tax: If you live in a state with income tax (California, New York, etc.), forming a Florida LLC alone does NOT eliminate your home state's tax — your home state taxes you based on residency, not where your LLC is formed. However, if you are a digital nomad, non-US resident, or planning to relocate to Florida, the LLC is ready to provide the tax benefit once you establish Florida domicile.

No residency requirement: Under Chapter 605, there is no requirement that LLC members, managers, or organizers be Florida residents. The only FL residency requirement is for the registered agent.

E-commerce and online businesses: Non-resident business owners (particularly international sellers on Amazon or Shopify) form Florida LLCs because: no state income tax on profits, legitimate US business entity for payment processing, EIN for banking, and Sunbiz.org provides fast online formation.

Real estate investment: Non-residents purchasing Florida real estate often hold property in a Florida LLC for liability protection and estate planning purposes.

Formation Process for Non-Residents

The process is identical to resident formation — done entirely online through Sunbiz.org:

1. Name search on Sunbiz.org — accessible from anywhere with internet
2. Designate a Florida registered agent — this is where non-residents need a service. You cannot serve as your own agent from outside Florida. Our service ($99/year) provides a physical Florida address.
3. File Articles of Organization (Form INHS18) through Sunbiz.org — $125 fee
   • Your principal address CAN be outside Florida (even outside the US)
   • Your mailing address CAN be outside Florida
   • Only the registered agent address must be a physical Florida location
4. Draft operating agreement — internal document, not filed with state
5. Obtain EIN — process differs based on whether you have a US SSN/ITIN (see below)

EIN for Non-US Persons

If you have an SSN or ITIN: Apply online at irs.gov — immediate issuance, same process as US residents.

If you do NOT have an SSN or ITIN (international non-residents):

• You cannot use the online EIN application
• Apply by phone: Call 1-267-941-1099 (not toll-free; international line). Hours: 6 AM - 11 PM Eastern, Monday-Friday
• Apply by mail/fax: Complete Form SS-4 and mail or fax to the IRS. Processing: 4-6 weeks (mail) or 4 business days (fax)
• You will need to designate a "responsible party" — this can be a non-US person with an ITIN or foreign passport

Tip for international LLC owners: Obtaining an ITIN (Individual Taxpayer Identification Number) first can simplify the EIN process. Apply for an ITIN using Form W-7 before applying for the LLC's EIN.

Tax Implications for Non-Residents

US residents living in another state:

• Your home state likely taxes your LLC income based on YOUR residency, regardless of where the LLC is formed
• Forming a Florida LLC while living in California does NOT avoid California income tax on your earnings
• Florida does not tax you, but your home state still does
• The benefit comes when/if you relocate to Florida — the LLC is already established

Non-US residents:

• Your Florida LLC's US-source income may be subject to US federal tax (effectively connected income)
• Non-US members must file US tax returns (Form 1040NR for individuals, or applicable entity returns)
• Withholding requirements may apply under FIRPTA (for real estate) or other provisions
• Consult an international tax attorney — this area is complex
• Florida's no-state-tax advantage still applies: you owe only federal taxes, not Florida state taxes

Banking for Non-Resident LLC Owners

Opening a US business bank account without a US address or SSN can be challenging but not impossible:

In-person (recommended if possible):

• Visit a Florida bank branch in person with your LLC documents, EIN, passport, and operating agreement
• Some banks (Mercury, Relay) allow remote opening for international LLC owners with proper documentation

Required documents typically:

• Filed Articles of Organization (download from Sunbiz.org)
• EIN confirmation letter
• Operating agreement
• Passport or government-issued ID
• Proof of address (even international address)

Banks that commonly work with non-resident LLC owners: Mercury (online), Relay (online), some local Florida credit unions (in-person). Large national banks (Chase, BofA) generally require in-person visits and may have additional requirements for non-resident owners.

FAQ

Can I form a Florida LLC from outside the US?

Yes. The entire formation process is completed online through Sunbiz.org — accessible from anywhere. You need a credit/debit card for the $125 fee and a Florida registered agent (our service: $99/year). No US presence is required beyond the registered agent.

Do I need to visit Florida to form my LLC?

No. Everything is done electronically. Filing is through Sunbiz.org, EIN is through IRS (online or phone), and registered agent services handle document acceptance. You never need to physically be in Florida.

Will forming a Florida LLC eliminate my home state's income tax?

Only if you genuinely relocate to Florida and establish domicile. Simply forming a Florida LLC while living in California, New York, or another tax state does NOT avoid your home state's income tax. Your home state taxes you based on residency and/or income sourced to their state.

Can a non-US citizen own a Florida LLC?

Yes. There is no citizenship or visa requirement for LLC ownership in Florida. Non-US citizens can be members, managers, or sole owners. The only complication is the EIN application process (cannot use online system without SSN/ITIN — must apply by phone or mail).

Do I need to report my Florida LLC to my home country?

Most countries require residents to report foreign business interests and income. For example, UK residents must report worldwide income to HMRC; Canadian residents must report foreign affiliates. Non-compliance with home country reporting can result in penalties. Consult a tax advisor in your home jurisdiction.