Establishing an S corporation in Florida is a savvy move that can help small business owners save on taxes while gaining liability protection. That, coupled with Florida’s business-friendly environment and lack of personal income tax, makes it an attractive place to form or convert your current business entity into a corporation.
This guide walks you through how S corps work in Florida, the 2026 requirements, and the five crucial steps to help you get started.
What Is an S Corporation?
An S corp is a tax status, not a business entity, that combines the benefits of corporate limited liability protection (protects your personal assets) found in C corporations with the pass-through taxation (pass corporate income to be handled on personal tax returns for federal tax purposes) often associated with limited liability companies (LLCs). S corporations avoid double taxation, while C corps cannot.
Your S corp will start as a corporation and convert into an S corp by filing IRS Form 2553, Election by a Small Business Corporation. After your business is officially formed as an S corp, you must comply with federal IRS requirements to maintain this status.
S Corporation Requirements in Florida
Florida offers an attractive business environment with its pro-business policies, no personal income tax (pass-through S corp income avoids state taxation entirely), and a vibrant economy. There are Florida S corp requirements that prospective owners should be aware of before making an election. To become an S corp, you’ll form a corporation with the Florida Department of State. After forming your corporation, you’ll submit IRS Form 2553. This will allow your corporation to make an S corp election so it can be taxed as this status. To maintain S corp status in Florida, your corporation must:
Be a domestic corporation.
Have 100 shareholders or fewer.
Issue one class of stock.
Have only eligible shareholders (the only allowable shareholders include U.S. individuals, certain estates & trusts; no partnerships or foreign shareholders).
Not be an ineligible corporation (e.g., certain financial institutions).
How to Start an S Corp in Florida (5 Steps)
Are you wondering how to set up an S corp in Florida? Now that you're familiar with S corps and their requirements, follow these five steps to elect an efficient Florida business formation to an S corp.
Step 1: Choose a Business Name
Florida business owners must choose a business name that is distinguishable within the Florida Sunbiz database. Take these actions when selecting a name for your Florida S corp:
Select a business name that’s available and unique. It must be distinguishable in the Florida Sunbiz database.
Your business name should include a corporate ending, such as Corporation, Company, Incorporated, Corp., Inc., or Co.
Do not use your S corp name commercially until an acknowledgment is issued by the Florida Division of Corporations.
If you're having difficulty identifying a name that meets all criteria, this free tool from Business Name Zone can help. It efficiently generates name and domain combinations based on your inputs.
Step 2: File Articles of Incorporation
You’ll need to file Articles of Incorporation to form your S corp in Florida. Ensure the following information is included with your submission:
Corporate name & principal address
Registered agent and signature (your agent must maintain a physical Florida address)
Authorized shares (at least 1)
Optional officer and director information
Incorporator signature
Effective date rules
It's important to understand your corporate purpose, effective date, officers/directors, registered agent, and stock shares.
Providing a corporate purpose is optional.
The effective date for an S corp begins when the Florida Division of Corporations files your Articles of Incorporation.
Including the names and addresses of your directors and officers is optional. If you intend to include this information, there’s a format you’ll follow.
You’ll need to select a registered agent, who must be an entity or individual with a physical street address in the state. The registered agent typically provides a signature. An individual associated with your S corp can also serve as your registered agent, provided they meet the requirements.
You’ll enter the number of stock shares your Florida corporation will issue. You must issue at least one stock share (only one class of stock) to complete your Articles of Incorporation.
Step 3: Apply for Required Business Licenses
Depending on your industry, you’ll work with one of two main agencies to obtain your business license:
Department of Agriculture and Consumer Services (DACS)
Department of Business and Professional Regulation (DBPR)
This step is critical, as you cannot officially form your S corporation without a business license. Florida offers additional business license agencies for healthcare-related businesses and other professions. If your S corp will focus on one of the following specific professions, you’ll contact:
Agency for Healthcare Administration (AHCA), for home care and nursing homes.
Agency for Persons With Disabilities (APD), for group homes.
Department of Children and Families (DCF), for daycare facilities.
Department of Health (DOH) for clinical social workers, nurses, and tattoo artists.
Department of Financial Services (DFS), for insurance agents.
Step 4: Obtain an EIN
Obtaining your Employer Identification Number (EIN) is required before filing IRS Form 2553. Apply for your EIN in one of three ways:
Fax
Mail
Online
The time it takes to receive your EIN will vary by method. Expect to wait four days if you apply by fax, or a few weeks if you apply by mail. While you can receive an EIN immediately if you apply online, you’ll need to complete the application in one sitting.
Sidestep the hassle and paperwork of obtaining an EIN with 1-800Accountant's EIN business service.
Step 5: Complete and Submit IRS Form 2553
For the final step, complete and submit IRS Form 2553 to become an S corp.
Form 2553 Florida S corp must be filed within 75 days of incorporation, or by March 15 for existing corporations.
S corp status is not automatic — your business entity will remain a C corp until 2553 is accepted.
The IRS will issue an acceptance or rejection of your submission within 60 days of receiving it.
Costs to Start an S Corp in Florida (Updated 2026)
There are two state fees you're required to pay to start your S corp in Florida, and two that are optional.
Articles of Incorporation filing fee: $35
Registered Agent designation fee: $35
Optional Certificate of Status: $8.75
Optional Certified Copies: $8.75 per copy
Florida does not charge a franchise tax or personal income tax.
How long does it take to start an S Corp in Florida?
The IRS will either accept or reject your attempt to become an S corp via a ruling letter within 60 days of filing IRS Form 2553. Follow up with the IRS if they do not issue a decision within that period.
Florida Sunbiz filings are typically processed within a few business days.
Let Us Help You Start Your Florida S Corp
Forming your S corporation the right way promotes tax savings and business compliance year-round. With entity formation from 1-800Accountant, America's leading virtual accounting firm, our tax experts handle every step — from Articles of Incorporation to EIN and Form 2553 filing — so you can focus on growing your business in the Sunshine State.
Talk to an S corp specialist today to learn more about affordable, tax-deductible solutions, including tax advisory. Schedule a 30-minute consultation today to get started.
This post is to be used for informational purposes only and does not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this post. 1-800Accountant assumes no liability for actions taken in reliance upon the information contained herein.