Florida LLC Business Address Question

F

Florida LLC

Guest
Jurisdiction
Florida
Hello everyone:

My wife, friend, and I are forming an LLC to invest in real estate—essentially, buying and selling properties in the state of Florida. My wife and I live together in FL while my friend lives in PA (although he has a vacation home in FL). We are using some of our savings each and are not brokers or licensed agents. This is a passive investment activity as we each have full-time jobs. We started the LLC process by obtaining a box at a mail center (that has a physical street address and is open 9-5 daily), filed for the LLC with an online service using the mail center as the LLC "business" address, and also enlisted the online service as our registered agent.

That said and as part of our agreement with the mail center, we opened the box in my personal name and then agreed to transfer the box to the name of the LLC after the state of FL approved the LLC and provided the EIN. Prior to this, we called our local authorities (city and county) and each advised that a business license was not required given the nature of the passive investment activity. Additionally, we called the state and asked if we could use a mail center as the LLC "business" address, and they advised repeatedly that "people do", and that "the address needs to be a street address", without expanding or offering anything further.

The issue in question is with the mail center and the post office—the mail center provided a USPS form #1583 (Application for Delivery of Mail Through Agent) that needs to be completed for the post office and Homeland Security. Both the mail center and the local USPS postmaster are adamant that box 10 (business address) has to be my home address given, in their opinion, that a P.O. box cannot be used as a "business" address and that we're not conducting "business" out of the mail center. This obviously causes a conflict between our federal and state filing LLC "business" addresses and form 1583. Additionally and in our opinion, this decision is not within the authority of the local postmaster or the mail center to opine or influence how we complete that form. Since the mail center also has to sign the form, they have declined to do so at the direction of the local postmaster.

We are forming an LLC to keep our personal assets separate from any potential exposure through this passive investing activity we conduct in the LLC. We've taken great strides thus far to maintain compliance and believe that we can use a mail center as a the LLC "business" address for both the state and federal EIN as well as for populating the LLC "business" address in box 10 on form 1583.

We would be very grateful for any legal opinion for the ability to use a mail center (with a street address) as the LLC "business" address:

a.) To form an LLC and receive a federal EIN

b.) For our state filing in FL

c.) To complete box 10 on form 1583 for the USPS to be forwarded to Homeland Security

Thank you for your time.
 
It probably would be best if you ran all of this by a lawyer. However, someone here may come along with some additional information for you.
 
You might wish to consult an attorney BEFORE you do anything.

It's been my experience whenever you're offered such advice, the AUTHORITIES are watching you. Be very, very careful as you embark down this troublesome path.
 
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