Home > Research Legal Advice > Real Estate > Do I have to file as a Foreign LLC in Florida for my rental property?
Asked 5 months ago - Jamesville, NY
FlagI have a single-member LLC (formed in NY) that owns property in NY. I purchased a home in Florida last year, and titled it in the name of the NY LLC. I have a short-term rental license for the home. I am now being told, a year later, that I have to register my LLC as a "Foreign LLC" in Florida, and pay a bunch of fees, to continue to rent my home. I explained that I am renting it personally, and collecting rents via my personal account (not via the LLC), but the County says that since the LLC's name is on the deed, that means the LLC is doing business in Florida. I've read some posts that if your only activity is renting a home, that does not count as a "business" activity in certain municipalities. The home is located in Osceola county. Thank you!
Dear if your only business is renting a home?
If you were a Florida LLC engaged in the same practice in New York, you need to register the foreign corporation. N.Y. BSC. LAW § 1301.
The Florida statute is similar to New York. See: http://www.flsenate.gov/Laws/Statutes/2012/608.501
You may be correct that mere ownership in the name of the New York LLC is not doing business as defined in the Florida statute;
"***608.501 Foreign limited liability company; authority to transact business required.—(2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1):***(m) Owning, without more, real or personal property***", but you will not "win" your argument posting in the New York forum of AVVO, and to "win" in Florida, you will need an attorney.
Good luck.
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