LLC Limited Liability Company

LLC Filings in California

In California, LLCs must file and pay taxes with the Franchise Tax Board (FTB) and submit a Statement of Information to the Secretary of State (SOS). The exact filings depend on whether the LLC is domestic (formed in California), foreign (formed out of state), or single-member.

Initial Filings and Fees

Form/Filing Agency Frequency Details
Articles of Organization (Form LLC-1) Secretary of State Initial (at formation) Registers your LLC and formalizes your business in the state. The filing fee is $70.
Statement of Information (Form LLC-12) Secretary of State Initial (within 90 days of formation) Provides the state with key information like the LLC’s address and registered agent. The initial filing fee is $20.
Annual Franchise Tax Franchise Tax Board Initial (by the 15th day of the 4th month after formation) A minimum $800 tax required for all LLCs doing business in California. This is due even if the LLC is not active and generates no income.

Ongoing Filings and Fees

Form/Filing Agency Frequency Details
Biennial Statement of Information (Form LLC-12) Secretary of State Every two years Updates the state on the LLC’s contact information, managers, and registered agent. The filing period is a six-month window ending on the anniversary month of formation. A $250 penalty applies for late filings.
Annual Tax (Form FTB 3522) Franchise Tax Board Annual An $800 minimum tax due each year, regardless of the LLC’s revenue. The payment is due by the 15th day of the 4th month of the tax year.
Limited Liability Company Return of Income (Form 568) Franchise Tax Board Annual This is the primary tax return for LLCs that are treated as partnerships or disregarded entities for tax purposes. Filing due dates vary based on the LLC’s tax classification.
Annual LLC Fee (Form FTB 3536) Franchise Tax Board Annual An additional fee based on the LLC’s total annual income derived from California, applicable only if income exceeds $250,000.
Payroll and Sales Taxes EDD and CDTFA Varies If your LLC has employees, you must register with the Employment Development Department (EDD) for payroll taxes. If you sell taxable goods or services, you must register with the California Department of Tax and Fee Administration (CDTFA) for a seller’s permit.

Special Considerations

  • Single-member LLCs: Generally treated as “disregarded entities” for federal and state tax purposes, meaning the owner reports income on their personal tax return. However, a single-member LLC in California must still file Form 568 and pay the annual $800 tax.
  • Foreign LLCs: An LLC formed in another state that “does business” in California must register with the SOS as a foreign LLC. It is subject to the same annual $800 tax and other California filing requirements as domestic LLCs.
  • LLCs taxed as corporations: If an LLC has elected to be taxed as a corporation for federal tax purposes, it must file the appropriate California corporate tax returns (Form 100 or 100S) instead of Form 568.

Disclaimer

This is a general overview of the filings for LLCs in California. Specific tax situations can vary significantly. You should always consult with a qualified tax professional or legal advisor for personalized advice.