It’s the ultimate LLC showdown: Florida vs. Delaware. Both states have their advantages, but which one is the right choice for your business?
Traditionally, Delaware has been the more popular option
when it comes to LLC formation. This is primarily due to its business-friendly
laws and no sales tax. Nonetheless, thanks to low filing fees and no state
income tax, Florida has proven itself to be a strong contender.
Here’s everything you’ll want to consider before deciding
where to incorporate your remote business:
What do Florida and Delaware Have in Common for LLCs
When it comes to LLC formation, all states are not created
equal. However, Florida and Delaware LLCs have more in common than you might
think!
Both states offer similar benefits for remote businesses
looking to incorporate in one of the two locations, including:
- No minimum capital requirements - Neither state requires you to deposit a minimum amount of capital; this means you can get your business up and running in its early stages easier. This not only makes entrepreneurship more attainable, but also serves to encourage growth at all stages of business development.
- Asset protection -
- Florida, there are laws in place that prevent judgement creditors from seizing any LLC ownership interests. These include business-related assets, financial accounts, and real estate, so you can rest assured knowing that your possessions like your home will remain safe.
- Delaware LLCs also make it easy to keep your assets protected. Here, the only way creditors can pursue an LLC member’s ownership (i.e. assets) is through a charging order. A charging order involves a long and complicated process that requires a creditor to file a personal lawsuit against an individual LLC member, request that the court issue a charging order, and present the order to the LLC.
Now that you know what a Delaware and Florida LLC have in
common, let’s delve into the differences.
Why Choose a Delaware LLC
Delaware is a desirable state to form an LLC in, and for
good reason. Here’s what you can expect when you incorporate your remote
business in Delaware:
An extra layer of privacy protection
When you form an LLC, your name and designated business
address will be used for a variety of purposes. It’ll be on websites,
packaging, client communications, paperwork… the list goes on. However, if you
choose your LLC location with intention (read more for the perfect pairing),
you can prevent this information from getting into the wrong hands.
The state of Delaware provides LLC owners with exceptional
privacy protection. Since you aren’t required to list member names and
addresses in your filings, you can essentially run your business anonymously,
if you wish to do so. You’ll never have to worry about unsolicited mail, or
worse, angry customers showing up at your house demanding refunds or worse
stalking you.
Want to take it a step further? Pair your Delaware LLC with
a Delaware virtual mailbox (which gets you a US-based commercial business
address) to cover all of your bases and ensure your privacy won’t be
compromised in any way.
Business-friendly climate
One of the most notable benefits of incorporating your LLC
in Delaware is their business-friendly court system. Delaware is home to the
Court of Chancery, a reputable, non-trial court that focuses on commercial
litigation and real estate matters. Judges who are assigned to this court are
experienced in corporate law and small business legal matters. This is a huge
benefit for small businesses because it means that any outcomes are decided
based on past case law, versus public opinion (which is often clouded by
emotions and biases).
No Sales Tax for Your Delaware LLC
The state of Delaware does not require you to pay sales tax
(example you won’t have sales tax when purchasing inventory for your ecommerce
store), you’ll be able to save more money than had you decided to incorporate
in a state that does.
While these benefits may sound appealing, don’t be so quick
to discount a Florida LLC; they come with some pretty desirable advantages of
their own!
Why Choose a Florida LLC
With a Florida LLC, you can enjoy different benefits and
it’ll depend on what you find more valuable. Let’s cover the benefits.
No State Income Tax
Florida LLCs have seen increased demand in recent years
because of one major reason: there is no state income tax. This can save your
business a large chunk of money in the long run, so it’s a huge benefit for
you.
Here’s an example: You own a t-shirt business and expect to
sell $50,000 worth of products this calendar year. As a LLC in Florida, you
would not be expected to pay taxes on this amount.
Need a Florida business address to take advantage of no
state income tax? Grab a VPM Florida virtual mailbox that can be used for your
LLC.
Lower filing fees
The state of Florida has lower filing and maintenance fees
compared to Delaware ($390 total). For just $125, you can have your LLC up and
running in a single afternoon. The other costs you’ll be responsible for are
ones associated with filing your annual fees with obtaining a registered agent.
Looking to save more money? Skip paying registered agent fees when you sign up for a VPM virtual mailbox – you’ll get a free registered agent with select mailbox plans!
Delaware vs. Florida LLCs: Which is Better?
Now that you’ve learned about the benefits of both Florida
and Delaware LLCs, it’s time to make a decision for your remote business. Both
options offer a wealth of advantages; both are superior in their own ways.
Ready to get your LLC formed in the state of your choosing?
Here are all the steps you’ll need to take to get started. Best of luck!