Compliance Checklist for Creating a New Florida Corporation

State filing, IRS Employer ID, local licenses, and more.

A highly-detailed BROCHURE on Starting a Business in Florida

While some prefer to hire an attorney or CPA to file the required applications with the IRS, State and local governemnt, it is not a complex process. A client spent $5,000 to file his first company through an attorney. For his next business, he spent around 2 hours setting up everything he needed to conduct business, file state sales and employment taxes, pay fedeaarl taxes, and prepare all documents to fulfill banking requirements.

1. Choose Legal Structure & Name

• Choose state of formation. For this example, using State of FLORIDA.

• Select entity type (LLC, Corporation, Partnership, Nonprofit). Click here for IRS DESCRIPTIONS.

• Check name availability SUNBIZ CORPORATION NAME SEARCH

  • Search and verify the name you intend to use is unique.

• File DBA/Fictitious Name if needed. One more search: SUNBIZ FICTITIOUS NAME SEARCH

• Name searches are free.

2. Request an IRS EIN (employer identification number)

• Important to have the EIN PRIOR TO filing with the state.

• The State filing form asks for the EIN.

• If the EIN is not available at time of filing, an amendment to record must be filed (extra cost).

• Start IRS EIN Application: Link: https://sa.www4.irs.gov/applyein/legalStructure

• Once the application is complete, you will request the PDF download for immediate assignment.

  • Print and then save the PDF on your computer and online/cloud back up.

  • You will not recieve a mailed copy.

  • Share the EIN letter with your CPA and attorney.

3. State Formation Filing

• File Articles of Organization (LLC) or Articles of Incorporation (Corp)

  • SUNBIZ CORPORATION NAME SEARCH

• Planning on using a DBA, file the Fictitious name, too.

  • SUNBIZ FICTITIOUS NAME SEARCH

• Collect Prior to filing:

  • Registrant Name: You or the person filing for you.

  • List of Members, Partners, Owners names, addresses and title.

• Obtain and save Certificate of Formation

• Typical fees: $125 corporation. $50 Fictitious Name.

4. Internal Governance Documents

• Operating Agreement (LLC) - PRIORITY

  • Free template resources

    • Eforms FL Operating Agreement (multiple other versions)

    • RocketLawyer FL Operating Agreement

    • FreeForms Operating Agreement Template

    • LawDepot LLC Operating Agreement (multiple other versions)

• Bylaws & Organizational Minutes (Corp)

  • Eforms FL Bylaws

  • RocketLawyer FL Corporate Bylaws (multiple other versions)

  • LawDepot FL Corporate Bylaws (multiple other versions)

• Buy Sell or Partnership Agreement

  • Eforms Partnership Agreement

  • RocketLawyer (free with trial) Succession Plan

  • Legal Templates Partnership Agreement

  • LawDepot Partnership Agreement

5. BOI Reporting – Corporate Transparency Act/Beneficial Ownership Information

• Determine BOI applicability

• Recent Federal court ruling has excluded new corporate filings.

• WATCH the rules around BOI. They are highly likely to change as the ruling is contested.

• For applicability and recent changes, review the IRS BOI Brochure and Small Business Complance Guide.

• File with FinCEN if required ONLINE APPLICATION

• Note: As of March 2025, most U.S.-formed entities are exempt

6. State Tax Registrations

• Sales & use tax FL Dept of REVENUE SALES AND USE TAX

• Employer withholding tax FL Dept of REVENUE BUSINESS AND EMPLOYER TAX INFORMATION

• State of FL Unemployment Insurance EMPLOYER GUIDE

• FLORIDA BUSINESS TAX APPLICATION (PDF)

• Does the type of business you are starting or buying require a State DBPR License (Dept of Business and Professional Regulation? DBPR RESOURCES HERE

7. Local & State Licensing

• City/county business license

• Zoning or home-occupation permit

• Industry-specific state licenses

• NOTE: Licensed occupations (construction, real estate, nail tech) may need to file as a business and as a licensee. Home based-businesses must also file.

• Fees vary widely

8. Foreign Qualification (if applicable)

1. Foreign refers to states outside the state business is headquartered.

2. Register in additional states where operating. State taxes will also need to be filed.

3. Maintain registered agent in each state. Agent must be a state resident. COmpensate an attorney or CPA to file for you in this case.

4. Your EIN can be used in all states.

9. Employment Compliance

• Workers’ compensation insurance

• New hire reporting

• Labor law posters

• I-9 verification - Immaculate record keeping is highly recommended.

10. Ongoing Compliance

• Recommendation: Calender all licenses and filing renewal dates

• Annual state reports

• Renew licenses

• Maintain registered agent

• Keep governance records