Forming an LLC in
California CA
Checked November 4, 2026 · How we score
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
| 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 agent | Required (about $50–$300/year if you don't use your own address in the state) |
| Newspaper publication | No |
| Anonymous ownership | No |
| Processing time | 5 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 tax | 8.84% 8.84% on net income; $800 minimum franchise tax applies to all LLCs. |
| State sales tax | 7.25% |
| 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
- California Secretary of State / business filing office
- California Franchise Tax Board – LLCs
- Tax Foundation – 2026 state income tax rates
- LLC University – LLC filing and annual fees by state (cross-check)
Compare California
Similar states
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.