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)
Restricted words “Bank,” “Trust,” “Insurance” require additional approval
Name reservation $10 for 60 days (optional)

Step 2: Choose a Registered Agent

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:

  1. Go to bizfileonline.sos.ca.gov
  2. Click “File” → “LLC” → “Articles of Organization”
  3. Fill out the form
  4. Pay $70 filing fee
  5. 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.

Related: How to Form an LLC | LLC Cost by State | Best State to Form an LLC | LLC vs. Sole Proprietorship