Comparison
Florida LLC vs. New York LLC — head to head
All figures verified against official state portals as of 2026-05-08.
| Factor | Florida (FL) | New York (NY) |
|---|---|---|
| Formation filing fee | $125 | $200 |
| Annual state filing | $138.75/year | $25+/year + $9 biennial |
| First-year state fees | ~$263.75 | ~$1,475-$2,275 in NYC counties |
| Five-year state fees | $818.75 | ~$1,584-$2,384+ before income tax/UBT |
| State personal income tax | No Florida state personal income tax on LLC member pass-through income. | NY state personal income tax applies to member pass-through income; NYC residents can also owe city income tax. |
| Publication requirement | None | Required for NY |
| Local business tax trap | Local business tax receipts can apply by county/city, but no statewide income tax. | NYC Unincorporated Business Tax can apply at 4% to NYC-source unincorporated business income. |
| Operating-state guidance | Use Florida when domicile and operations are genuinely Florida-based. | Use this state when the owner or business activity remains there. |
| Registered agent | Florida street address required. | New York registered office or agent required. |
| Best fit | Best when the owner has actually relocated to Florida or the business operates in Florida. | Best only when the owner remains a New York resident or the business has New York operations. |
FL: $125 formation + $138.75/year annual report. NY: $200 filing + $1,200-$2,000 common NYC publication planning range + $50 certificate + recurring NY filing fees. Over five years, Florida state fees are about $819; a NYC New York LLC can exceed $2,300 before income tax and UBT. Income and local taxes can dominate the filing-fee delta.
Five-year state-fee delta
FL vs. NY carrying cost
Registered agent service excluded because it usually applies in either state.
| Year | Florida | New York |
|---|---|---|
| Year 1 | $263.75 | ~$1,475-$2,275 in NYC counties |
| Year 2 | $402.50 | ~$1,500-$2,300+ |
| Year 3 | $541.25 | ~$1,525-$2,325+ |
| Year 4 | $680.00 | ~$1,559-$2,359+ including biennial statement |
| Year 5 | $818.75 | ~$1,584-$2,384+ before income tax/UBT |
Florida annual obligations
What a Florida LLC must file each year
- Due date
- May 1 each year
- Fee
- $138.75/year
- What to file
- Annual Report due May 1; $400 late penalty after May 1.
- Failure consequence
- Administrative dissolution if not filed by September 30. $400 late penalty after May 1.
- Filing portal
- Florida annual filing portal
New York annual obligations
What a New York LLC must file each year
- Due date
- Annual LLC filing fee return plus biennial statement; publication required after formation.
- Fee
- $25+/year + $9 biennial
- What to file
- Annual LLC filing fee return plus biennial statement; publication required after formation.
- Failure consequence
- Late or missing filings can trigger penalties, loss of good standing, administrative dissolution, or tax collection consequences depending on the filing.
- Filing portal
- New York annual filing portal
Florida name rules
LLC name requirements in Florida
- Required designators include LLC, L.L.C., or Limited Liability Company.
- Name must be distinguishable on Sunbiz records.
- Florida name reservation is available for $25.
- Search Sunbiz before filing.
New York name rules
LLC name requirements in New York
- Required designators include LLC, L.L.C., Limited Liability Company, Limited Liability Co., or Limited Co.
- Name must be distinguishable on NY DOS records.
- Name reservation is $20.
- Publication notice must use the county of the office stated in the filing.
City-specific guides
Florida and New York LLC formation by city
State rules apply statewide; city guides cover local context and additional permits.
Registered agents
Registered agent requirements: Florida vs. New York
| Requirement | Florida | New York |
|---|---|---|
| Required | Yes | Yes |
| Who can serve | FL resident 18+ with in-state street address, or registered FL entity | NY resident 18+ with in-state street address, or registered NY entity |
| Self-serve allowed | Yes (address becomes public state record) | Yes (address becomes public state record) |
| Consent required | Registered agent acceptance is captured in the Sunbiz filing. | NY DOS serves as statutory agent; a separate registered agent may also be appointed. |
| Commercial RA typical cost | $50–$150/yr | $50–$150/yr |
Decision framework
How to choose: Florida vs. New York LLC
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Start with owner residence and operating footprint Where the owner lives, where work is performed, where employees sit, where property is located, and where customers are served usually decides tax and registration obligations.
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Compare state filing costs FL: $125 formation + $138.75/year annual report. NY: $200 filing + $1,200-$2,000 common NYC publication planning range + $50 certificate + recurring NY filing fees. Over five years, Florida state fees are about $819; a NYC New York LLC can exceed $2,300 before income tax and UBT.
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Model income and local tax exposure Common scenario: a New York-resident operator considering relocation. Florida helps only after a genuine domicile and operations shift; a New York resident with NY-source income still faces NY tax, publication, and possible NYC UBT.
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Price foreign qualification before filing If forming in Florida while still operating in the other state, add foreign registration, a second registered agent, annual filings, and local tax registrations before calling Florida cheaper.
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Choose the state that matches reality Form in Florida when the move or Florida operation is real. Form in the other state when residence, payroll, property, licenses, or source income remain there.
Provenance
Statute basis & official sources
Last verified 2026-05-08.
Florida Statutes Ch. 605; NY LLC Law §§ 203, 206, 301(e); NYC Admin. Code UBT rules; IRS check-the-box regulations for federal LLC classification; official filing and revenue sources linked below.
Why you need an LLC (either state)
- Operating without an LLC leaves personal assets exposed to business debts, leases, and lawsuits.
- Forming in the wrong state can create dual registered agents, dual annual filings, and avoidable foreign qualification.
- Ignoring residence, source-income, local tax, or city licensing rules can create penalties even when the formation filing is valid.
- Banks and payment processors commonly require filed formation documents, EIN confirmation, and an operating agreement.
FAQ
Florida vs. New York LLC — common questions
Is it cheaper to form an LLC in Florida or New York?
FL: $125 formation + $138.75/year annual report. NY: $200 filing + $1,200-$2,000 common NYC publication planning range + $50 certificate + recurring NY filing fees. Over five years, Florida state fees are about $819; a NYC New York LLC can exceed $2,300 before income tax and UBT.
Should I form where I live or where I operate?
For most owner-operated LLCs, form where the business actually operates and where the owner is tax-resident. A Florida filing does not override nexus, payroll, property, source-income, or local license rules in another state.
Can I form a Florida LLC to avoid New York taxes?
Only if the move and business footprint are real. If you still live, work, own property, employ people, or earn source income in the other state, that state can still require registration and tax filings.
Does Florida require newspaper publication?
No. Florida does not have a newspaper publication requirement for ordinary LLCs.
Does state formation change federal LLC tax treatment?
No. Single-member LLCs are disregarded by default and multi-member LLCs are partnerships by default unless they elect corporate taxation. State formation changes state filings, not the default federal classification.
When is a two-state structure worth it?
Usually only when operations are genuinely split, there is property or payroll in both states, or an attorney/CPA has a specific holding-company reason. Otherwise it often adds fees without reducing tax.
§ A Building permits by city
§ B LLC formation guides
§ C Companion tools
Disclaimer: Informational only — not legal advice. LLC laws change; verify with a Florida or New York business attorney or CPA before filing.