Side-by-side comparison for New York owners considering Florida.
Cost comparison
Florida: $125 state filing + $138.75/yr annual report = $263.75 year-one, $138.75/yr after. New York: $200 state filing + $9/yr AR = $209 year-one, $9/yr after. Add foreign-LLC fees if you do business in both states.
No state income tax
Florida has no state personal income tax. New York top marginal rate: varies (see our llc-tax-rate-new-york guide). Note: income tax follows where you live and operate, not where the LLC is formed. Forming in Florida does not avoid New York income tax if you live in New York.
Asset protection
Florida: standard charging-order protection for multi-member LLCs. WEAKER for single-member LLCs because of the Olmstead doctrine — Florida courts have permitted creditor foreclosure on SMLLC interests. For SMLLC asset protection, Wyoming, NM, NV, or Delaware are stronger.
Privacy
Florida: requires manager information on Articles and annual report. Not anonymous. New York: similar privacy to Florida.
When Florida wins
You are a Florida resident operating in Florida. You want no-state-income-tax exposure on LLC profits while living in a no-state-income-tax state. You hold real estate in Florida. You retire to Florida and want consolidation under Florida law.
When New York wins
You operate a business in New York (employees, lease, customers physically there). Forming in New York avoids the dual-state foreign-LLC overhead. The no-Florida-state-tax perk does not transfer to non-Florida residents anyway.
A clean handoff, in 5 steps.
Where do you live and operate?
If you live in New York and operate from New York, you owe New York state income tax on LLC income regardless of where the LLC is formed. Florida formation does not avoid New York tax.
Run the dual-state math
Florida ($125 + $138.75/yr) + New York foreign LLC (~$200 + ongoing New York compliance). vs single New York formation.
Consider FL holding company
Florida is a popular state for HOLDING entities owned by Florida residents — separate operating LLCs can sit underneath. The holding company structure works in both directions.
Asset protection check
Florida SMLLC asset protection is weaker than Wyoming / NM / Nevada / Delaware. If asset protection is the goal and you have a single-member structure, Florida is not the strongest choice.
Pick and form
If Florida: we form your FL LLC + Florida Registered Agent. If New York: we form your New York LLC. Either way our service fee is $0.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Articles of Organization or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Should I form my LLC in Florida or New York?
Form in New York if you operate locally there. Form in Florida if you live in Florida or are setting up a holding entity for Florida-related assets. Income tax follows residency, not state of formation.
Does forming in Florida avoid New York state income tax?
No, unless you actually move to Florida. New York taxes LLC income based on where you live and operate, not where the entity is registered.
Is Florida better for asset protection than New York?
Generally no for single-member LLCs because of the Olmstead doctrine. Florida multi-member LLCs have standard charging-order protection. For SMLLC asset protection, Wyoming / NM / NV / DE are stronger choices.
What is the Florida LLC annual report fee?
$138.75 per year, due by May 1. Late filing carries a $400 penalty. The annual report is required even if you have zero income.
Does Florida have a state income tax on LLCs?
No. Florida has no state personal income tax. Note: this benefit only applies if you live in Florida — non-resident owners owe state income tax in their home state regardless of where the LLC is formed.
Can I move my New York LLC to Florida?
Yes via domestication (where New York allows outbound domestication) or merger. See our domesticate-llc family for the path.
Does Florida require a Registered Agent?
Yes. Florida requires every LLC to maintain a Registered Agent with a physical Florida street address. Our Registered Agent service is $99/yr.
How does Florida compare to Wyoming for asset protection?
Wyoming is materially stronger for SMLLC asset protection (charging-order-as-sole-remedy by statute, deep case law). Florida is weaker because of the Olmstead doctrine permitting creditor foreclosure on SMLLCs.
How long does Florida formation take?
Florida Department of State typically processes online formations in 1-3 business days. Standard processing is fast compared to many states.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here — we keep the rest tracked.