Annual Reports Due May 1
All Florida Businesses registered with the Florida Department of State, Division of Corporations must file an annual report by May 1 of each year. The deadline for this year is coming up quickly and if the payment is late, a $400 penalty (that cannot be waived!) will be imposed. Additionally, if you do not renew, the business will ultimately be administratively dissolved.
Some quick points about annual reports:
What is an annual report?
The annual report is not a financial statement. The report is used to update or confirm the Florida Department of State, Division of Corporations' records. The data displayed on the entity’s online annual report form is the most current data on file with the Division of Corporations. An annual report must be filed each year for your business entity to maintain an "active status" with the Department of State. The annual report is required whether you need to make changes or not. If you are a first-time annual report filer, step-by-step filing instructions are provided below.
When is the annual report due?
The report is due by May 1st of each year. A $400 late fee will be imposed on all profit corporations, limited liability companies, limited partnerships, and limited liability limited partnerships which fail to file their annual reports on or before May 1st. Not for profit corporations are not subject to the $400 late fee. If paying by check or money order, the payment voucher and check or money order must be postmarked and mailed on or before May 1st.
How much does it cost to file an annual report?
If the report is filed by May 1st, the annual report filing fee is as follows: $150 for a profit corporation; $61.25 for a not for profit corporation; $138.75 for a limited liability company; and $500 for a limited partnership or limited liability limited partnership. A $400 late fee will apply to a profit corporation, a limited liability company, a limited partnership, and limited liability limited partnership annual reports filed after May 1st. Not for profit corporations are not subject to the $400 late fee.
Can the $400 late fee be waived or abated?
There is no provision to abate or waive the $400 late fee. Section 607.193(2)(b), F.S., was repealed during the 2010 Legislative Session. All business entities, except non-profit corporations, must pay the $400 late fee if their annual report is filed after May 1st, even if the business entity did not receive its annual report filing notices.
What happens if I don’t file the annual report?
Failure to file an annual report by the 3rd Friday of September will result in the administrative dissolution or revocation of the business entity on our records at the close of business on the 4th Friday of September. Administratively dissolved or revoked entities may be reinstated by submitting the appropriate reinstatement application and the appropriate fees due this office at the time the entity applies for reinstatement. Names of administratively dissolved or revoked business entities are made available to other parties after one calendar year.
Do I still need to file an annual report if the business entity has closed?
Do not file the annual report unless you wish to keep the business entity active on our records. (Note: The $400 late fee only applies to those business entities that wish to stay active on our records and fail to file their annual reports on or before May 1st.) You may click on the following link to dissolve or withdraw a Florida or Foreign Corporation or Limited Liability Company on our records utilizing our online filing system: https://efile.sunbiz.org/onlmenu.html. Or, if you prefer, you may file the dissolution or withdrawal by mail. Please click on the following link to download the appropriate form and instructions: http://images.sunbiz.org/downloads.html .
Can I make changes on the report?
Yes. The purpose of the annual report is to confirm or update records. Therefore, the annual report will allow you to:
Please click on the following link to download the appropriate form and instructions: http://images.sunbiz.org/downloads.html .
What are my payment options?
A payment may be made online by credit card (VISA, MASTERCARD, AMERICAN EXPRESS or DISCOVER), debit card (with a VISA or MASTERCARD logo), or Sunbiz E-file Account (a pre-established Department of State payment account). Payments by check or money order may be submitted by mail or courier if accompanied by a Department of State check payment voucher.
Can I cancel, remove, or change an annual report filing after the report and filing fee are submitted for processing?
No, once the report and applicable fee have been submitted, the fee cannot be refunded and the report cannot be cancelled, removed, or changed.
How long will it take to process my annual report?
Reports filed using a credit or debit card or Sunbiz E-file Account are processed immediately and should be posted on the Department of State’s records within 24 hours. During peak filing periods the processing time may vary.
