You do not need to live in the United States, hold a visa or have a Social Security number to own a Florida LLC. What you do need is a clear sequence of steps, a U.S. address for the state, and a calendar of filings that starts in the first year even if the company earns nothing. This is the process as we run it for clients in Colombia, Venezuela, Argentina, Mexico, Spain and elsewhere.
1. Decide what the company is for
Holding a rental property, invoicing U.S. customers, selling online, or preparing a future move all point to slightly different setups. A single-member LLC is the most common choice; a corporation can be better when there will be investors or when the owner’s home country taxes foreign pass-through income unfavourably. This is the step to take advice on, because changing later costs more than deciding now.
2. Register the LLC in Florida
The Articles of Organization are filed with the Florida Division of Corporations with a $125 fee. You need a registered agent with a physical Florida address to receive legal mail; most foreign owners hire one. The company name must be available in Florida and end in “LLC”. Approval normally takes a few business days.
3. Get the EIN
The Employer Identification Number is the company’s federal tax ID, needed for the bank, for the 5472 and for any payroll. A foreign owner without a Social Security number cannot use the IRS online application; the request is made on Form SS-4 by fax or mail, which takes a few weeks. We prepare and submit it.
4. Open the bank account
Banks must verify the owner in person or through their own remote process, and policies change often. Bring the Articles, the EIN letter, the operating agreement, your passport and proof of your foreign address. Some U.S. banks accept remote opening for foreign owners; several fintech business accounts do as well. Keep the company’s money strictly separate from your own from day one.
5. Put the yearly obligations on the calendar
- Form 5472 with a pro forma Form 1120 by April 15 each year, for every year the LLC has any transaction with its foreign owner, including your initial deposit. Penalty for missing it: $25,000 and up.
- Form 1040-NR for the owner if the LLC earns U.S.-source income, filed with an ITIN (we apply for the ITIN with the first return).
- The Florida annual report by May 1 ($138.75; $400 penalty if late).
- Sales tax if you sell taxable goods or services to Florida customers; payroll taxes if you hire in the U.S.
- A beneficial ownership (BOI) report applies to companies formed outside the U.S. that register to do business in Florida; companies formed in Florida itself are exempt since March 2025.
6. If the LLC will own property: plan for the sale now
When a foreign person sells U.S. real estate, FIRPTA requires the buyer to withhold 15% of the gross sale price and send it to the IRS. The withholding is a deposit, not the final tax: you file a 1040-NR for that year and recover the difference, or apply beforehand with Form 8288-B for a reduced withholding. Owning through an LLC does not avoid FIRPTA, but owning through the right structure can affect U.S. estate tax, which is where advice before buying pays for itself.
Your first 5472 is due the April after you open, even if the company did nothing but receive your deposit. Put it on the calendar the day the LLC is approved.
Frequently asked questions
Can I open a Florida LLC without living in the U.S. or having a Social Security number?
Yes. Florida requires only a registered agent with a state address and the Articles of Organization. The EIN is obtained on Form SS-4 by fax or mail, and the owner later files with an ITIN.
How much does it cost to open an LLC in Florida from abroad?
The state filing fee is $125, a registered agent typically $100 to $300 a year, and the annual report $138.75 each year. Professional fees for setup, the EIN and the operating agreement vary by firm; we quote a fixed price after a short consultation.
What does a foreign-owned LLC have to file every year?
Form 5472 with a pro forma 1120 by April 15, the Florida annual report by May 1, and a 1040-NR for the owner if there is U.S. income. Sales tax and payroll filings apply if relevant.
What happens when a foreigner sells a property in Miami?
The buyer withholds 15% of the sale price under FIRPTA and remits it to the IRS. The seller files a 1040-NR for that year to settle the actual tax and recover any excess, or applies in advance with Form 8288-B for reduced withholding.
General information, not advice for your situation. Rules change; talk to us before acting.
The whole process can be done from your country: meetings by video, documents through a secure link, and filings by us in Miami.
Related service: Foreign Investors
By Martha Otalora · Founder & CEO, MO Accounting Services. Last reviewed October 2026.
