Florida vs Nebraska LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026Florida charges $125 to form an LLC; Nebraska charges $100. 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, Nebraska runs about $403 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, Nebraska 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
- Nebraska costs $25 less to form ($100 vs $125).
- Nebraska is $126 per year cheaper to maintain ($113 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.
- Nebraska requires newly formed LLCs to publish a formation notice in local newspapers; this can add $50 to $1,800 depending on county.
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 Florida
- No state income tax
- No publication requirement
Both states
- Online filing
- No entity-level franchise or LLC tax
- 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 Florida, business operates there No foreign LLC registration needed. You pay Florida fees only. | $364 | $239 | $842 |
| You live in Nebraska, business operates there No foreign LLC registration needed. You pay Nebraska fees only. | $213 | $113 | $439 |
| 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 |
| Non-resident forming in Nebraska with operations elsewhere You pay Nebraska's fees plus a typical home-state foreign LLC registration of about $200 per year. | $413 | $313 | $1,039 |
Florida vs Nebraska: full comparison
| Dimension | Florida | Nebraska |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 7 business days | 3 business days |
| Expedited option Neither state offers paid expedite | Not offered | Not offered |
| Annual report Required in addition to tax | Required, $139 | Required, $25 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | No | Yes |
| Publication requirement Newspaper publication after formation | No | Required |
| 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 | $125 | $110 |
| State sales tax General statewide rate | 6.0% | 5.5% |
Taxes in Florida and Nebraska
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.
Florida tax
No entity-level franchise tax on LLCs. No state income tax. Corporate rate 5.5%.
Nebraska tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.5%.
Ongoing compliance
The recurring filings each state requires after formation.
Florida
Annual report $139, due 05/01 each year. Registered agent required in Florida.
Nebraska
Annual report $25, due 04/01 each year. Registered agent required in Nebraska.
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.
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.
Nebraska
- Prepare a publication-ready notice (required in Nebraska).
- Check business-name availability on the Nebraska entity search.
- Appoint a registered agent with a physical Nebraska street address.
- File Certificate of Organization Limited Liability Company for $100.
- Wait for approval. Online typically 3 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by Nebraska 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 $25 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 Florida and Nebraska (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 Florida or Nebraska 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
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
Nebraska Secretary of State - Business Services Division
- Website
- sos.nebraska.gov/business-services/corporate-and-business
- Phone
- (402) 471-4079
- sos.corp@nebraska.gov
- Nebraska Secretary of State, Business Services, P.O. Box 94608, Lincoln, NE 68509-4608
- Office
- 1201 N Street, Suite 120, Lincoln, NE 68508
- 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
Nebraska Department of Revenue
- Website
- revenue.nebraska.gov
- Phone
- (402) 471-5729
- Nebraska Department of Revenue, P.O. Box 94818, Lincoln, NE 68509-4818
- Office
- 301 Centennial Mall South, Lincoln, NE 68508
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in Florida or Nebraska?
Nebraska is cheaper at formation ($100) than Florida ($125). Ongoing costs are also different: $113 vs $239 per year. Total over three years: $439 vs $842.
-
Can I form an LLC in Florida if I live in Nebraska?
Yes, but your Nebraska business will almost certainly need to register as a foreign LLC in Nebraska too, which means paying Nebraska's foreign registration fee and any ongoing Nebraska obligations on top of the Florida 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 Florida vs Nebraska?
Florida online: 7 business days; Nebraska online: 3 business days. Florida does not offer paid expedite. Nebraska does not offer paid expedite.
-
Which state has lower taxes for an LLC, Florida or Nebraska?
Florida: no state income tax, no entity-level franchise or LLC tax. Nebraska: state income tax applies to member-level pass-through income, 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. Florida and Nebraska 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.
-
Does Florida or Nebraska have a publication requirement?
Nebraska does. New LLCs must publish a formation notice in approved newspapers, which can add $50 to $1,800 to your first-year cost depending on the county where the LLC is based. Florida has no publication requirement.
-
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 Florida or Nebraska 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 Florida and Nebraska comparisons
More Florida vs ...
Sources
- 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%. - Filing fee: sos.nebraska.gov/sites/default/files/doc/business-services/Corporation… · verified April 21, 2026
Nebraska Certificate of Organization form (Neb. Rev. Stat. Section 21-117). Filing fee is $110 in-office (paper) and $100 online via Corporate Document eDelivery. We record the online fee ($100) as the filingFee because online is the primary modern filing channel; the mail-paper fee is $110. - Foreign LLC registration fee: sos.nebraska.gov/sites/default/files/doc/business-services/Corporation… · verified April 21, 2026
Application for Certificate of Authority Foreign Limited Liability Company (Neb. Rev. Stat. Section 21-156). Filing fee is $110 in-office (paper) or $100 online, PLUS a $10 certificate fee = $120 paper / $110 online day-one. We record $110 (the online-bundled total) as foreignLlcFee. - Publication requirement: nebraskalegislature.gov/laws/statutes.php?statute=21-193 · verified April 21, 2026
Neb. Rev. Stat. Section 21-193 requires every domestic LLC to publish a Notice of Organization (and notices for amendments, mergers, conversions, and domestications) for three successive weeks in a legal newspaper of general circulation near the designated office. Proof of publication must be filed with the Secretary of State. The statute makes acts of the LLC valid so long as publication is eventually completed and proof filed, but it remains a statutory requirement. Nebraska is one of three states (with New York and Arizona, in its smaller counties) that still enforces an LLC newspaper publication requirement. Typical cost is $40 to $250 depending on newspaper and county. - Annual report fee: nebraskalegislature.gov/laws/statutes.php?statute=21-192 · verified April 21, 2026
Neb. Rev. Stat. Section 21-192 sets the biennial report filing fee at $30 paper / $25 online. Section 21-125 requires every domestic and foreign LLC to file a biennial report each odd-numbered year by April 1, delinquent after June 1 (or June 16 under some SoS notices). Online filers also pay a small Nebraska.gov portal surcharge (typically $3). - Expedited filing: sos.nebraska.gov/business-services/forms-and-fee-information · verified April 21, 2026
Nebraska does not publish an expedited processing tier for LLC filings. Regular online filings are typically completed within 2 to 5 business days; paper filings take longer. The Secretary of State does not offer paid same-day or rush processing for LLC formations. - Corporate income tax rate: www.nebraskalegislature.gov/laws/statutes.php?statute=77-2734.02 · verified April 21, 2026
Neb. Rev. Stat. Section 77-2734.02, as amended by LB754 (2023), sets a phased reduction: 5.84% (2024), 5.20% (2025), 4.55% (tax years beginning Jan 1, 2026 to Dec 31, 2026), then 3.99% (2027 and later). LB171 (2025) proposed to hold the rate at 4.99% for 2026 and later and eliminate the 3.99% step, but LB171 did not pass and the LB754 schedule remains in force. Corporate income tax applies only to LLCs that elect C-corp federal tax treatment; default pass-through LLCs do not owe it. - Sales tax rate: revenue.nebraska.gov/businesses/nebraska-sales-and-use-tax · verified April 21, 2026
The Nebraska state sales and use tax rate is 5.5%. Local jurisdictions layer additional city and county sales taxes. Combined rates commonly fall between 5.5% and 7.5% across the state, with Lincoln at 7.25% and Omaha at 7%. Only the statewide 5.5% rate is recorded here. - Operating agreement requirement: nebraskalegislature.gov/laws/statutes.php?statute=21-110 · verified April 21, 2026
Nebraska adopted the Uniform Limited Liability Company Act (ULLCA). Neb. Rev. Stat. Sections 21-110, 21-111, and 21-112 permit an operating agreement to be oral, written, or implied. There is no statutory requirement that an LLC adopt an operating agreement, so this is recorded as not-required. - Certificate of Formation name: sos.nebraska.gov/sites/default/files/doc/business-services/Corporation… · verified April 21, 2026
Nebraska Secretary of State Certificate of Organization for Limited Liability Company (Neb. Rev. Stat. Section 21-117). Fillable PDF published at sos.nebraska.gov. Online filers complete an equivalent on-screen form via Corporate Document eDelivery. - Business name search: www.nebraska.gov/sos/corp/corpsearch.cgi?nav=search · verified April 21, 2026
Nebraska Secretary of State Corporation and Business Entity Search. Use this to confirm a proposed LLC name is distinguishable before filing the Certificate of Organization.