How to Form an LLC in California: Costs, Steps & Requirements (2026)
Updated
California is the most popular state for LLC formation by volume, but it’s also one of the most expensive because of the $800 annual franchise tax.
Quick answer: File Articles of Organization (Form LLC-1) with the California Secretary of State for $70. Pay the $800 annual franchise tax to the Franchise Tax Board. File the biennial Statement of Information ($20). Total first-year minimum: $870. Processing takes 1–3 business days online.
California LLC at a Glance
Detail
Info
Filing fee (Articles of Organization)
$70
Annual franchise tax
$800 minimum
Statement of Information
$20 (biennial)
Processing time
1–3 business days (online)
Expedited filing
$350 (same-day), $750 (4-hour)
Where to file
bizfileonline.sos.ca.gov
Operating agreement
Required by law (CA Corp Code §17701.10)
State income tax rate
1.5%–13.3% (personal), LLC fee on gross income above $250K
Annual LLC fee (gross income)
$0–$11,790 depending on revenue
Total Cost Breakdown
Item
Cost
Frequency
Articles of Organization
$70
One-time
Franchise tax (minimum)
$800
Annual
Statement of Information
$20
Every 2 years
LLC fee (gross income > $250K)
$900–$11,790
Annual
Registered agent (optional service)
$100–$300
Annual
Operating agreement (DIY)
$0
One-time
EIN
$0
One-time
Total first year (minimum)
$870
—
Total first year (with agent)
$970–$1,170
—
California LLC Fee Schedule (Based on Gross Income)
Total California Gross Income
LLC Fee
Less than $250,000
$0
$250,000–$499,999
$900
$500,000–$999,999
$2,500
$1,000,000–$4,999,999
$6,000
$5,000,000 or more
$11,790
Note: This fee is based on gross income (revenue), not net profit. A business with $300,000 in revenue and $10,000 in profit still pays $900.
Step-by-Step Formation
Step 1: Choose Your LLC Name
Requirement
Details
Must include
“LLC,” “L.L.C.,” or “Limited Liability Company”
Must be unique
Search at bizfileonline.sos.ca.gov
Cannot include
“Corporation,” “Corp,” “Inc.” (implies different entity type)
California calls this an “Agent for Service of Process.”
Requirement
Details
Must be a California resident or entity
Out-of-state individuals cannot serve
Physical California address required
No PO boxes
Must be available during business hours
To accept legal documents
Can be a member of the LLC
You can serve as your own agent
Step 3: File Articles of Organization (Form LLC-1)
Field
What to Enter
LLC name
Full legal name including “LLC”
Business address
Street address in California
Mailing address
Can be same as business address
Agent for Service of Process
Name and California address
Management
Member-managed or manager-managed
Organizer
Name and signature
How to file:
Go to bizfileonline.sos.ca.gov
Click “File” → “LLC” → “Articles of Organization”
Fill out the form
Pay $70 filing fee
Receive stamped articles (1–3 business days)
Step 4: File Statement of Information (Form LLC-12)
Detail
Info
Due
Within 90 days of formation
Fee
$20
Frequency
Every 2 years after initial filing
Where to file
bizfileonline.sos.ca.gov
Includes
Business address, agent info, member/manager names
Step 5: Create an Operating Agreement
California requires all LLCs to have an operating agreement (California Corporations Code §17701.10). It doesn’t need to be filed with the state — keep it in your records.
Step 6: Get an EIN
Detail
Info
Apply at
irs.gov/ein
Cost
Free
Processing
Instant (online)
Required for
Bank account, hiring employees, tax filing
Step 7: Pay Franchise Tax
Detail
Info
Amount
$800 minimum
First year due date
15th day of the 4th month after formation
Subsequent years
April 15
Pay to
Franchise Tax Board (ftb.ca.gov)
Form
FTB 3522 (LLC Tax Voucher)
Step 8: Open a Business Bank Account
Bring your stamped Articles of Organization, EIN confirmation, operating agreement, and government ID to any bank.
California LLC Taxes
Tax
Rate
Who Pays
Franchise tax
$800/year minimum
All California LLCs
LLC fee
$0–$11,790
LLCs with gross income > $250K
California income tax
1%–13.3%
Pass-through to members
Self-employment tax
15.3%
Active members (federal)
Sales tax
7.25%–10.75%
LLCs selling taxable goods
California vs. Other States
Factor
California
Texas
Florida
Wyoming
Filing fee
$70
$300
$125
$100
Annual franchise tax
$800
$0 (<$2.47M rev.)
$0
$0
Annual report/fee
$20/2 years
$0
$138.75/year
$60/year
State income tax
Up to 13.3%
0%
0%
0%
LLC fee (revenue)
Up to $11,790
N/A
N/A
N/A
First-year total
$870+
$300
$263.75
$160
Ongoing Compliance
Requirement
Due Date
Cost
Annual franchise tax
April 15
$800 minimum
LLC fee (if applicable)
June 15 (estimated)
$0–$11,790
Statement of Information
Every 2 years (formation anniversary month)
$20
Federal tax return
March 15 (multi-member) or April 15 (single-member)
N/A
California tax return
Same as federal
N/A
Common Mistakes in California
Mistake
Consequence
Not paying franchise tax first year
Penalties + interest from FTB
Forgetting Statement of Information
$250 penalty, possible suspension
Not having operating agreement
Violates state law, weakens liability protection
Forming in another state to avoid franchise tax
Still owe CA taxes if doing business in CA
Ignoring LLC fee on gross income
Underpayment penalties
Should You Form in California or Another State?
If you live and do business in California, form in California. Forming in Wyoming or Delaware to “save money” doesn’t work — California requires you to register as a foreign LLC and pay the franchise tax anyway if you’re doing business in the state. You’d pay fees in two states instead of one.
Scenario
Recommended State
Live + operate in California
California
Remote business, no CA presence
Consider Wyoming or Texas
Multi-state business based in CA
California (home state) + register in other states
E-commerce, no physical CA location
Depends on nexus — may still be CA
Bottom Line
California LLCs cost more than most states — plan for at least $870 the first year ($70 filing + $800 franchise tax) and $820+ annually after that. The franchise tax is due regardless of whether your LLC makes money. Despite the costs, if you live and operate in California, forming your LLC there is the simplest and most legally sound approach.