Filing Form LLC-1 (Articles of Organization) with the California Secretary of State establishes your business entity for $70. Within 90 days of filing, you must submit Form LLC-12 (Statement of Information) along with a $20 fee to keep the company in active standing. The Franchise Tax Board levies an $800 annual minimum tax on all registered LLCs. The temporary first-year $800 tax waiver expired on January 1, 2024, meaning all LLCs formed in 2026 must pay the full $800 payment by the 15th day of the 4th month after filing Articles of Organization with the Secretary of State.
Additional administrative tasks add no mandatory state costs if completed independently. Obtaining an Employer Identification Number (EIN) from the Internal Revenue Service is $0 (free), though you must form the entity with the state before applying for an EIN. Never pay a third party for an EIN. California requires an operating agreement for all LLCs, but the document remains internal and is not filed with the state. Under federal rules effective August 14, 2026, US-formed entities are exempt from Beneficial Ownership Information (BOI) reporting with the Financial Crimes Enforcement Network (FinCEN). If your LLC generates no business and you file a short form cancellation within one year of registration, you can avoid the first-year $800 franchise tax.
- Form LLC-1 (Articles of Organization) requires a $70 filing fee paid directly to the California Secretary of State to create the LLC.
- Form LLC-12 (Statement of Information) costs $20 and must be filed within 90 days of registration, then renewed every 2 years.
- The California Franchise Tax Board requires an $800 annual tax, with the initial payment due by the 15th day of the 4th month after filing Form LLC-1.
- The temporary first-year $800 exemption expired on January 1, 2024, requiring all 2026 LLC formations to pay the $800 minimum tax.
- An Employer Identification Number (EIN) costs $0 (free) directly from the Internal Revenue Service after forming the state entity, making third-party EIN filing fees unnecessary.
California LLC Mandatory State Costs and Requirements
| Requirement or Fee | Amount | Deadline or Frequency | Official Source |
|---|---|---|---|
| Articles of Organization (Form LLC-1) | $70.00 | At initial formation | California Secretary of State |
| Initial Statement of Information (Form LLC-12) | $20.00 | Within 90 days of registration | California Secretary of State |
| Biennial Statement of Information | $20.00 | Every 2 years after initial filing | California Secretary of State |
| Annual LLC Franchise Tax | $800.00 | 15th day of 4th month after filing, then annually | California Franchise Tax Board |
| Operating Agreement | $0.00 | Required internally (not filed with state) | California Secretary of State |
| Registered Agent | $0.00 (Self) | Continuous requirement | California Secretary of State |
| Employer Identification Number (EIN) | $0.00 | After entity registration with state | Internal Revenue Service |
| Federal BOI Reporting | $0.00 (Exempt) | Exempt for US-formed entities | Financial Crimes Enforcement Network |
Detailed Breakdown of California Mandatory LLC Costs
Forming a limited liability company in California involves specific government filing fees, tax schedules, and ongoing compliance requirements. Knowing these obligations in advance helps business owners budget accurately without unexpected costs.
Secretary of State Filings: Form LLC-1 and Form LLC-12
To create a California LLC, you must file Form LLC-1 (Articles of Organization) with the California Secretary of State. The filing fee is $70. Once accepted, your entity officially exists.
Within 90 days of registration, you must file Form LLC-12 (Statement of Information) with a $20 filing fee. This document discloses company addresses, member or manager details, and registered agent contact information. After the initial filing, Form LLC-12 must be submitted every two years for a $20 fee. Failure to file the Statement of Information causes suspension or forfeiture of the LLC by the Secretary of State, which halts legal operations and jeopardizes liability protection.
Franchise Tax Board Obligations: The $800 Tax and Gross Income Fees
The California Franchise Tax Board enforces an annual $800 LLC tax on every registered LLC doing business in California, regardless of gross income or profitability.
A critical detail for 2026 formations is that the first-year $800 exemption has expired. The tax relief window applied strictly to tax years beginning on or after January 1, 2021, and before January 1, 2024. Today, new entities owe the full $800 annual tax during their first year. The first-year payment is due by the 15th day of the 4th month after filing your Articles of Organization with the Secretary of State. For example, an LLC formed on February 10 must submit its $800 tax payment by May 15.
If an LLC generates substantial revenue, the Franchise Tax Board levies an additional annual LLC fee based on total California gross income (gross receipts, not profit):
- Gross income under $250,000: $0 additional fee.
- Gross income from $250,000 to $499,999: $900 fee.
- Gross income from $500,000 to $999,999: $2,500 fee.
- Gross income from $1,000,000 to $4,999,999: $6,000 fee.
- Gross income of $5,000,000 or more: $11,790 fee.
For entrepreneurs who abandon a business plan shortly after forming, California law provides a narrow relief mechanism: short form cancellation within one year avoids the first-year $800 tax, provided the entity conducted no business, issued no shares, and has no debts.
Internal Documents, Registered Agents, and Federal Rules
California law dictates that an operating agreement is required for every LLC, outlining management structure, voting rights, and profit distributions. However, the operating agreement is not filed with the state and stays in your private corporate records.
California also requires every LLC to maintain an agent for service of process (registered agent) with a physical California street address. An entity cannot act as its own agent for service of process. An individual member or officer can act as the agent for free, or you can hire a commercial registered agent service.
For tax identification, an Employer Identification Number (EIN) is free directly from the IRS. You must form the entity with the state before applying for an EIN. Never pay a third party for an EIN. Furthermore, under federal rules effective August 14, 2026, US-formed companies are exempt from Beneficial Ownership Information (BOI) reporting with FinCEN.
Filing Yourself versus Hiring a Formation Service
Handling the formation process on your own through the California Secretary of State bizfile Online portal is straightforward. If you act as your own registered agent and draft your own operating agreement, your initial out-of-pocket setup cost is $90 ($70 Articles fee plus $20 Statement of Information fee), followed by the $800 Franchise Tax Board payment within four months.
Hiring an online filing service adds convenience, automated deadline tracking, and address privacy if you purchase registered agent representation. However, provider tiers and ongoing renewal fees vary.
The table below outlines leading formation providers (listed alphabetically, not ranked).
Formation Service Comparison (Listed Alphabetically, Not Ranked)
| Service Provider | Base Formation Package | Registered Agent Service Pricing | Key Features and Service Notes |
|---|---|---|---|
| Bizee | $0 plus state fee | Included 1st year ($119/yr renewal) | Free first-year agent service (as of 2026). |
| LegalZoom | $0 plus state fee | $249/yr (as of 2026) | Well-known brand with legal form access (as of 2026). |
| Northwest Registered Agent | $39 plus state fee | $125/yr (as of 2026) | Focuses on privacy and local agent services (as of 2026). |
| Rocket Lawyer | $99.99 plus state fee | $149.99/yr (as of 2026) | Subscription discount model for legal services (as of 2026). |
| Tailor Brands | $0 plus state fee | $199/yr (as of 2026) | Bundles branding and website tools (as of 2026). |
| ZenBusiness | $0 (Starter), $199/yr (Pro), $299/yr (Premium) | $199/yr ($99 1st year with formation) | Separate agent line item across all tiers. |
For founders who prefer guided online paperwork and compliance reminders, ZenBusiness provides a practical balance. Their $0 Starter plan handles state paperwork, while adding discounted $99 first-year registered agent coverage protects your home address from public record. Conversely, if you are comfortable completing online forms, acting as your own registered agent, and self-managing tax calendars, filing directly on the state portal saves all service fees.
Frequently Asked Questions
Is there a California LLC franchise tax first year waiver in 2024, 2025, or 2026?
No. The temporary $800 annual LLC franchise tax exemption expired on January 1, 2024. For tax years 2024, 2025, and 2026, newly registered California LLCs must pay the full $800 annual tax to the Franchise Tax Board. The payment is due by the 15th day of the 4th month after filing Articles of Organization with the Secretary of State, unless a qualifying short form cancellation is submitted within one year for an inactive entity.
What is the ftb.ca.gov California LLC annual tax $800 and LLC fee on gross income for 2026?
According to the California Franchise Tax Board (ftb.ca.gov), every LLC organized or doing business in California owes an annual minimum tax of $800 regardless of income or profit. In addition, LLCs with total California gross income of $250,000 or more owe a separate graduated LLC fee. This fee starts at $900 for gross income between $250,000 and $499,999 and reaches up to $11,790 for gross income of $5,000,000 or more.
What is the California LLC formation cost for Secretary of State fees LLC-1 and LLC-12?
Forming a California LLC directly with the Secretary of State costs $90 in total state filing fees during your first 90 days. Filing Form LLC-1 (Articles of Organization) costs $70 to establish the company. Within 90 days of registration, you must file Form LLC-12 (Statement of Information) with a $20 fee.
Sources
- Internal Revenue Service, “Get an employer identification number”
- Financial Crimes Enforcement Network, “Beneficial Ownership Information Reporting”
- California Secretary of State, “Limited Liability Companies (LLC) - California”
- California Secretary of State, “Starting a Business – Entity Types”
- California Secretary of State, “Business Entities Frequently Asked Questions”
- California Secretary of State, “Field Status Definitions and Suspensions”
- California Franchise Tax Board, “Limited Liability Company”
This article provides general information rather than legal or tax advice; specific requirements vary by state and change over time.