Alabama vs Florida LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Alabama charges $200 to form an LLC; Florida charges $125. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, Alabama runs about $342 less in total state fees than Florida. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, Alabama typically clears standard online filings faster than Florida. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- Florida costs $75 less to form ($125 vs $200).
- Alabama is $139 per year cheaper to maintain ($100 vs $239).
- Florida has no state individual income tax; pass-through LLC income flows to members without a state layer. The other state does tax at the member level.
- Alabama imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. Florida does not.
- Alabama has no annual report filing at all. Florida requires an annual (or biennial) report every reporting period.
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
What each state offers that the other does not
Only Alabama
- No annual report
Only Florida
- No state income tax
- No entity-level franchise or LLC tax
Both states
- Online filing
- No publication requirement
- Operating agreement not statutorily required
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in Alabama, business operates there No foreign LLC registration needed. You pay Alabama fees only. | $300 | $100 | $500 |
| You live in Florida, business operates there No foreign LLC registration needed. You pay Florida fees only. | $364 | $239 | $842 |
| Non-resident forming in Alabama with operations elsewhere You pay Alabama's fees plus a typical home-state foreign LLC registration of about $200 per year. | $500 | $300 | $1,100 |
| Non-resident forming in Florida with operations elsewhere You pay Florida's fees plus a typical home-state foreign LLC registration of about $200 per year. | $564 | $439 | $1,442 |
Alabama vs Florida: full comparison
| Dimension | Alabama | Florida |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 3 business days | 7 business days |
| Expedited option Neither state offers paid expedite | Not offered | Not offered |
| Annual report Required in addition to tax | None | Required, $139 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | Yes | No |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $150 | $125 |
| State sales tax General statewide rate | 4.0% | 6.0% |
Taxes in Alabama and Florida
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
Alabama tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.5%.
Florida tax
No entity-level franchise tax on LLCs. No state income tax. Corporate rate 5.5%.
Ongoing compliance
The recurring filings each state requires after formation.
Alabama
No annual state filing. Registered agent required in Alabama.
Florida
Annual report $139, due 05/01 each year. Registered agent required in Florida.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
Alabama
- Check business-name availability on the Alabama entity search.
- Appoint a registered agent with a physical Alabama street address.
- File Domestic Limited Liability Company Certificate of Formation for $200.
- Wait for approval. Online typically 3 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Alabama statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- No annual state filing required in Alabama.
Florida
- Check business-name availability on the Florida entity search.
- Appoint a registered agent with a physical Florida street address.
- File CR2E047 - Articles of Organization for Florida Limited Liability Company for $125.
- Wait for approval. Online typically 7 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Florida statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $139 when it comes due.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both Alabama and Florida (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Alabama or Florida does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
Alabama Secretary of State, Business Entities Division
- Website
- www.sos.alabama.gov
- Phone
- (334) 242-5324
- business.services@sos.alabama.gov
- Business Entities Division, P.O. Box 5616, Montgomery, AL 36103-5616
- Office
- RSA Plaza, Suite 580, 770 Washington Ave., Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Florida Department of State, Division of Corporations
- Website
- dos.fl.gov/sunbiz
- Phone
- (850) 245-6052
- NewFilingsCorpHelp@DOS.MyFlorida.com
- Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314
- Office
- The Centre of Tallahassee, 2415 N. Monroe Street, Suite 810, Tallahassee, FL 32303
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Alabama Department of Revenue
- Website
- www.revenue.alabama.gov
- Phone
- (334) 242-1170
- Alabama Department of Revenue, P.O. Box 154, Montgomery, AL 36135-0001
- Office
- 375 S. Ripley Street, Montgomery, AL 36104
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Florida Department of Revenue
- Website
- floridarevenue.com
- Phone
- (850) 488-6800
- 5050 W Tennessee Street, Tallahassee, FL 32399-0100
- Hours
- 8:00 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Alabama or Florida?
Florida is cheaper at formation ($125) than Alabama ($200). Ongoing costs are also different: $239 vs $100 per year. Total over three years: $842 vs $500.
-
Can I form an LLC in Alabama if I live in Florida?
Yes, but your Florida business will almost certainly need to register as a foreign LLC in Florida too, which means paying Florida's foreign registration fee and any ongoing Florida obligations on top of the Alabama ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in Alabama vs Florida?
Alabama online: 3 business days; Florida online: 7 business days. Alabama does not offer paid expedite. Florida does not offer paid expedite.
-
Which state has lower taxes for an LLC, Alabama or Florida?
Alabama: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Florida: no state income tax, no entity-level franchise or LLC tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Alabama and Florida both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
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Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Alabama or Florida to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More Alabama and Florida comparisons
More Alabama vs ...
Sources
- Filing fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page lists the domestic LLC Certificate of Formation filing fee as $200.00. The $200 consists of a $100 Secretary of State fee plus a $100 county filing fee distributed to the county of the registered agent, per the form instructions. - Filing fee: www.alabamainteractive.org/sos/introduction_input.action · verified April 21, 2026
When filed online through Alabama.gov (Alabama Interactive), the domestic LLC filing shows $100 Secretary of State Fee + $100 County Fee plus an $8 portal processing fee for non-subscribers, for a $208 total day-one online cost. Filers must also obtain a Certificate of Name Reservation ($25 state fee + $3 online portal fee = $28 online, or $25 by mail) before filing the Certificate of Formation per Ala. Code Section 10A-1-4.02(f). - Expedited filing: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State does not advertise a paid expedite service for LLC Certificates of Formation. Online filings via Alabama.gov typically process within 1 to 3 business days. Recorded as offered: false. - Annual report fee: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama has no separate Secretary of State annual report for LLCs. The annual entity-level filing is the Business Privilege Tax return (Form PPT) filed with the Department of Revenue. Under Act 2022-252 (signed 2022), the BPT minimum was reduced to $50 for tax year 2023 and, for tax years beginning on or after January 1, 2024, entities whose BPT would be only the minimum are fully exempt from BPT and do not have to file a return. See Alabama DOR FAQ: 'For taxable years beginning on or after January 1, 2024, every corporation, limited liability entity, and disregarded entity...who would otherwise be subject to the minimum tax due shall be exempt from the privilege tax.' - Franchise tax: www.revenue.alabama.gov/faq-categories/business-privilege-tax/ · verified April 21, 2026
Alabama Business Privilege Tax per Ala. Code Section 40-14A-22. Historical minimum $100 and maximum $15,000. Under Act 2022-252, entities owing only the minimum are exempt from both tax and return filing for tax years beginning on or after January 1, 2024. We classify BPT as a net-worth-based franchise tax for compare purposes. annualMin reported as 0 because a small LLC typically owes nothing starting 2024; annualMax retains the $15,000 statutory ceiling that still applies to larger entities. - Operating agreement requirement: law.justia.com/codes/alabama/title-10a/chapter-5a/ · verified April 21, 2026
Alabama Limited Liability Company Law of 2014, Ala. Code Sections 10A-5A-1.01 et seq. Section 10A-5A-1.02 defines operating agreement as the agreement of the members, which may be oral, in a record, implied, or any combination. No statute requires a written operating agreement. Recorded as not required. - Foreign LLC registration fee: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama Secretary of State LLC page: Foreign LLC Application for Registration filing fee is $150.00 by mail, or $150.00 (plus Alabama.gov portal service charge) online. Name reservation also required before filing. - Publication requirement: www.sos.alabama.gov/business-entities/llcs · verified April 21, 2026
Alabama does not require newspaper publication of LLC formation. Alabama's LLC Law (Title 10A, Chapter 5A) contains no publication requirement. - Business name search: arc-sos.state.al.us/cgi/corpname.mbr/input · verified April 21, 2026
Alabama Government Records Inquiry System business entity name search. Confirm availability before filing a Name Reservation Request Form for Domestic Entities. - Sales tax rate: www.revenue.alabama.gov/sales-use/tax-rates/ · verified April 21, 2026
Alabama Department of Revenue Sales and Use Tax Rates page. General state sales tax rate is 4%; automotive and farm rates are 2% and 1.5% respectively. State sales tax rate on food and food ingredients was reduced from 3% to 2% effective September 1, 2025. Local option adds up to about 7 additional percentage points (combined rates often 8% to 10%). - Corporate income tax rate: www.revenue.alabama.gov/faq-categories/corporate-income-tax/ · verified April 21, 2026
Alabama corporate income tax FAQ: 'For tax years beginning January 1, 2001, the tax rate is 6.5%.' Alabama has no minimum corporate income tax. The 6.5% rate applies to C-corp income; default-classified LLCs are taxed as pass-throughs and do not owe this entity-level tax. - Filing fee: dos.fl.gov/sunbiz/forms/fees/llc-fees/ · verified April 21, 2026
Florida Division of Corporations LLC fee schedule: Articles of Organization $100.00 + mandatory Registered Agent Designation $25.00 = $125.00 total. Same fee whether filed online or by mail. - Expedited filing: dos.fl.gov/sunbiz/start-business/efile/fl-llc/ · verified April 21, 2026
Florida Division of Corporations does not offer expedited filing service for new LLC formations. Documents are processed in the order received. Online filings with credit card typically post within 2-3 business days; mail filings take several weeks. - Online filing portal: efile.sunbiz.org/llc_file.html · verified April 21, 2026
Sunbiz e-file portal for new Florida LLC Articles of Organization. - Certificate of Formation form: dos.fl.gov/sunbiz/forms/limited-liability-company/ · verified April 21, 2026
Form CR2E047 - Articles of Organization for Florida LLC. Available as PDF at http://form.sunbiz.org/pdf/cr2e047.pdf - Business name search: search.sunbiz.org/Inquiry/CorporationSearch/ByName · verified April 21, 2026
Sunbiz business entity search by name. - Operating agreement requirement: www.flsenate.gov/Laws/Statutes/2025/605.0105 · verified April 21, 2026
Fla. Stat. §605.0105 defines the LLC operating agreement as an agreement that 'may be oral, implied, in a record, or in any combination thereof.' Not required to be written or filed with the state. - Publication requirement: www.flsenate.gov/Laws/Statutes/2025/Chapter605/All · verified April 21, 2026
Florida Chapter 605 (Florida Revised LLC Act) imposes no newspaper publication requirement to form an LLC. - Foreign LLC registration fee: dos.fl.gov/sunbiz/forms/fees/llc-fees/ · verified April 21, 2026
Foreign LLC Application for Authorization to Transact Business: $100 filing + $25 registered agent = $125 total. Same as domestic formation fee. - Annual report fee: dos.fl.gov/sunbiz/manage-business/efile/annual-report/ · verified April 21, 2026
Florida Department of State: $138.75 annual report fee for LLCs. Due January 1 through May 1. Late filing after May 1 adds a $400 non-negotiable penalty (total $538.75). Administrative dissolution begins after the third Friday in September for unfiled reports. - Franchise tax: floridarevenue.com/taxes/taxesfees/Pages/corporate.aspx · verified April 21, 2026
Florida has no franchise tax. Corporate income tax of 5.5% applies only when an LLC elects C-corp treatment or is owned by a corporation. No state-level entity-level tax on pass-through LLCs. - State income tax: floridarevenue.com/taxes/taxesfees/Pages/individual.aspx · verified April 21, 2026
Florida Constitution Article VII, Section 5 prohibits a personal income tax. Pass-through LLC income flows to members who owe no Florida individual income tax. - Corporate income tax rate: floridarevenue.com/taxes/taxesfees/Pages/corporate.aspx · verified April 21, 2026
Florida corporate income tax rate is 5.5% for taxable years on or after January 1, 2022. - Sales tax rate: floridarevenue.com/taxes/taxesfees/Pages/sales_tax.aspx · verified April 21, 2026
Florida general state sales tax rate is 6%. Counties may impose a discretionary sales surtax ranging 0.5% to 1.5%.