taxhavenlist

Forming an LLC in

California CA

Checked November 4, 2026 · How we score

Forming an LLC in California costs $70 to file but at least $800 a year in minimum franchise tax, whether or not the LLC makes money.

Filing fee

$70

Articles of Organization

Annual fee

$800

per year, normalised

State income tax

13.3%

top rate

Cost rank

#50

of 51, first-year fees

California LLC costs

California LLC fees
Filing fee$70
Annual report / franchise fee$800 $800 minimum franchise tax (Form 3522, due the 15th day of the 4th month after formation, then yearly) plus a $20 Statement of Information every two years. LLCs with California income above $250,000 also pay a gross-receipts fee ($900 to $11,790).
First-year state fees$870
Registered agentRequired (about $50–$300/year if you don't use your own address in the state)
Newspaper publicationNo
Anonymous ownershipNo
Processing time5 days

California taxes for LLCs

Personal income tax (top)13.3% Graduated 1%–12.3% plus a 1% surtax over $1 million = 13.3% top rate; 1.1% payroll tax on wages is separate.
Corporate income tax8.84% 8.84% on net income; $800 minimum franchise tax applies to all LLCs.
State sales tax7.25%
Franchise / gross receipts$800 minimum franchise tax every year, even with zero revenue. LLC fee of $900 to $11,790 on California gross receipts over $250,000.

A single-member LLC is a disregarded entity: profit flows to the owner's personal return. Federal income tax applies in every state. Non-US owners without US-source business income generally owe no US income tax but must file Form 5472 with a pro-forma 1120 each year.

Pros and cons

Why form in California

  • Large market and talent pool
  • Only $70 to file Articles of Organization
  • Strong court system and investor familiarity

Watch out for

  • $800 minimum franchise tax is the highest flat annual cost of any state
  • Doing business in California triggers these taxes even if the LLC is formed elsewhere

Best for: Businesses physically operating in California (required regardless of where you form) · Founders who need to register where they actually do business

California LLC: common questions

How much does an LLC cost in California?

Filing the Articles of Organization in California costs $70. After that, expect an $800 minimum franchise tax each year, plus a $20 Statement of Information every two years. $800 minimum franchise tax (Form 3522, due the 15th day of the 4th month after formation, then yearly) plus a $20 Statement of Information every two years. LLCs with California income above $250,000 also pay a gross-receipts fee ($900 to $11,790). A commercial registered agent, if you need one, is typically $50–$300 a year extra.

Do I need a registered agent in California?

Yes. California requires every LLC to keep a registered agent with a physical street address in the state to accept legal and tax notices. You can act as your own agent if you live there, but non-residents and owners who want privacy usually pay a commercial agent, typically $50–$300 a year.

Can a non-US resident form an LLC in California?

Yes. California does not require US citizenship, residency or an SSN to own an LLC; you need a California registered agent address and then an EIN from the IRS (by fax or mail with Form SS-4 if you have no SSN). A foreign-owned single-member LLC must also file Form 5472 with the IRS every year, even with no US income. Check what California publishes, since member or manager names may appear in public filings.

Does California have a state income tax?

Yes. Graduated 1%–12.3% plus a 1% surtax over $1 million = 13.3% top rate; 1.1% payroll tax on wages is separate. LLC profits normally pass through to the owners' personal returns. Corporate income tax: 8.84% on net income; $800 minimum franchise tax applies to all LLCs.

Do I owe the $800 California franchise tax if my LLC is formed in another state?

Yes, if the LLC is doing business in California, it must register as a foreign LLC and pay the $800 minimum franchise tax every year. California defines 'doing business' broadly, including having a California-based owner or exceeding set sales thresholds, so forming in Wyoming or Delaware does not avoid it.

Sources

California Secretary of State business filings

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Not tax or legal advice. Rates and rules change; we check official sources and update every page, but verify with a licensed adviser in the country before acting. Spotted something out of date? Use the correction form below.