Florida · LLC tax election

Florida LLC: S corp or C corp?

Florida taxes corporations but not people, so the structure you choose decides whether the state gets a cut.

As of 6 min readVermilion Vitez Team

See Florida at a glance

Short answer

In Florida, an LLC taxed as an S corp usually owes no state income tax at all, and Florida has no personal income tax either. A C corp pays 5.5% on net income above a $50,000 exemption. If your goal is a low state bill, S is the cleaner route.

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Florida at a glance

QuestionFlorida
S election recognized?Yes, Florida follows the federal election1
Separate state form and deadlineNo separate state form2
Tax the S corp itself paysNone at the entity level3
C corp rate and minimum5.5% flat after a $50,000 exemption4
Entity tax on a default LLCNone for a default LLC5
Personal income taxNo tax on wages or pass-through income6

What is different about Florida?

Florida is the odd one out for this question, because only one of the two structures is taxed by the state. The Department of Revenue says Florida does not impose a personal income tax. It also says an S corporation that does not owe federal income tax is not required to file a Florida corporate income tax return. A C corporation is different: it pays 5.5% of Florida net income, after a $50,000 exemption. So choosing S means the state income tax column can stay empty, and choosing C means you pay 5.5% on profit above the exemption before any dividend reaches you. The real fight in Florida is federal, not state.

Does Florida recognize a federal S corp election?

Florida recognizes your federal S election and does not tax the pass-through income. The Department of Revenue says an S corporation that owes no federal income tax does not have to file Florida corporate income tax returns, and you simply notify the Department of the federal effective date. There is no separate Florida S election form. If the S corp owes federal tax at the corporate level, for example on line 23c of Form 1120S, it falls back into Florida's corporate income tax.

Does my LLC need a separate Florida election or form?

Florida has no separate S election form; you notify the Department of Revenue of your federal S election and the effective date.2

What does Florida tax an S corp or LLC at the entity level?

  • A Florida S corporation pays no corporate income tax unless it owes federal income tax (for example on line 23c of Form 1120S); in that case it must file and pay Florida's 5.5% tax.3
  • A single-member LLC disregarded for federal and Florida income tax is not required to file a separate Florida corporate income tax return.5
  • Florida's corporate income tax rate is 5.5% for tax years beginning on or after January 1, 2022.7
  • An LLC taxed federally as a corporation is subject to Florida's corporate income tax.8

Is a Florida LLC taxed as a C corp ever better?

A Florida C corporation pays 5.5% of its Florida net income, with the first $50,000 exempt under section 220.14 of the Florida Statutes. LLCs taxed federally as corporations are caught by the same tax. Profit you pay out as a dividend is taxed federally on your personal return, but Florida adds nothing there because it has no personal income tax. The only state layer is the corporate 5.5%.

Run your Florida numbers

In Florida the S election pays off as soon as your profit exceeds the $50,000 C corp exemption, because every dollar above it would otherwise face the 5.5% corporate tax. The cost of S is mostly federal: a reasonable salary with payroll tax, and a payroll provider. There is no state S-corp tax to eat into the savings.

Result

$0LLC tax
$0S-corp tax
$0Costs
Net yearly difference$0

How much would a Florida LLC owner save as an S corp?

Taxed asAt $80,000 profitAt $150,000 profit
Default LLC$11,304self-employment tax $11,304 + Florida LLC tax $0$21,194self-employment tax $21,194 + Florida LLC tax $0
S corp$9,344payroll tax $7,344 + Florida S corp tax $0 + $2,000 payroll and prep$15,770payroll tax $13,770 + Florida S corp tax $0 + $2,000 payroll and prep
C corp$16,064payroll tax $7,344 + Florida tax $0 + federal $6,720 + $2,000 payroll and prep$28,804payroll tax $13,770 + Florida tax $550 + federal $12,484 + $2,000 payroll and prep

Assumes a 60% salary10 and a single filer. Income tax is left out. C corp dividends are taxed again. Florida's C corp tax applies after the $50,000 exemption.

When is the Form 2553 deadline for a Florida LLC, and what if I miss it?

2 mo. 15 daysinto the tax year, for federal Form 2553IRS instructions

Late relief: federal steps, deadline guide.

What to do next

No LLC yet

How to start one, or have us form it from $123.75.

Have an LLC

Registered agent $74.25/yr, annual report.

Ready to elect

LLC vs S corp guide, election deadline, Form 2553 filed for $165.

More on Florida: How to start a Florida LLC · How to start a Florida corporation · Florida LLC cost · Florida annual report · Annual report late fees by state

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Common questions

Does Florida tax S corporations?

Generally no. The Florida Department of Revenue says an S corporation that does not owe federal income tax does not have to file Florida corporate income tax returns. If it owes federal tax, such as on line 23c of Form 1120S, it must file.

What is the Florida corporate income tax rate?

5.5% of Florida net income for tax years beginning on or after January 1, 2022. Section 220.14 exempts the first $50,000 of net income.

Does Florida have a personal income tax?

No. The Florida Department of Revenue states that Florida does not impose a personal income tax, so individuals have no state income tax return.

Does a single-member Florida LLC file a corporate tax return?

No, not if it is disregarded for federal and Florida income tax. It reports on the owner's return. An LLC taxed as a corporation is a different case and pays the 5.5% corporate tax.

Do I need a Florida S election form?

No. You make the federal election, then notify the Department of Revenue of the change and the effective date. Florida does not use a separate state election.

Sources 11 links, checked Nov 6, 2026
  1. Florida follows the federal S election: an S corporation that owes no federal tax is not required to file a Florida corporate income tax return. floridarevenue.com, checked Nov 6, 2026
  2. Florida has no separate S election form; you notify the Department of Revenue of your federal S election and the effective date. floridarevenue.com, checked Nov 6, 2026
  3. A Florida S corporation pays no corporate income tax unless it owes federal income tax (for example on line 23c of Form 1120S); in that case it must file and pay Florida's 5.5% tax. floridarevenue.com, checked Nov 6, 2026
  4. A Florida C corporation pays 5.5% of Florida net income after a $50,000 exemption. flsenate.gov, checked Nov 6, 2026
  5. A single-member LLC disregarded for federal and Florida income tax is not required to file a separate Florida corporate income tax return. floridarevenue.com, checked Nov 6, 2026
  6. Florida does not impose a personal income tax. floridarevenue.com, checked Nov 6, 2026
  7. Florida's corporate income tax rate is 5.5% for tax years beginning on or after January 1, 2022. floridarevenue.com, checked Nov 6, 2026
  8. An LLC taxed federally as a corporation is subject to Florida's corporate income tax. floridarevenue.com, checked Nov 6, 2026
  9. IRS: Form 1120 instructions, C corp rate irs.gov, checked Nov 6, 2026
  10. IRS: S corp reasonable compensation irs.gov, checked Nov 6, 2026
  11. IRS: Form 2553 instructions irs.gov, checked Nov 6, 2026

Last verified Nov 6, 2026.

This page explains the rules; it is not tax advice. Run your numbers with a CPA or enrolled agent before you elect.

Last verified Nov 6, 2026.

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