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California LLC Franchise Tax & State Income Tax

California imposes both a minimum franchise tax ($800/year on the LLC entity) AND state income tax (up to 13.3% on members personally). This double layer makes California the most expensive state for LLC taxation. For the complete picture, see our CA LLC tax guide.

The $800 Annual Franchise Tax

What it is: A minimum tax every California LLC must pay annually to the Franchise Tax Board (FTB). Not based on income — it is a flat $800 regardless of revenue or profit.

Due date: April 15 each year. Paid with Form 3522 (LLC Tax Voucher). First payment for non-exempt LLCs: 15th day of the 4th month after formation.

First-year exemption (expired): The AB 85 first-year exemption applied to LLCs formed in 2021-2023. LLCs formed in 2024 or later owe the full $800 franchise tax starting in their first taxable year.

Cannot be avoided if you operate in CA: Whether your LLC is domestic (formed in CA) or foreign (registered in CA), the $800 applies if you "do business" in California per the California Revenue and Taxation Code.

State Income Tax (Members)

California state income tax applies to LLC members on their CA-source income at progressive rates:

Taxable Income (Single) Rate
$0 - $10,412 1%
$10,413 - $24,684 2%
$24,685 - $38,959 4%
$38,960 - $54,081 6%
$54,082 - $68,350 8%
$68,351 - $349,137 9.3%
$349,138 - $418,961 10.3%
$418,962 - $698,271 11.3%
$698,272 - $1,000,000 12.3%
Over $1,000,000 13.3% (includes 1% Mental Health Services Tax)

13.3% is the highest state income tax rate in the US. For high-earning LLC members, California takes a substantial cut of pass-through income.

How They Work Together

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A California LLC member earning $200K net profit from the LLC owes:

Total CA state burden on $200K: approximately $14,800 (franchise tax + income tax).

FAQ

Does the $800 franchise tax apply even if my LLC has no revenue?

Yes. Even dormant LLCs with $0 revenue owe $800/year until formally dissolved with both the SOS and FTB.

Do non-resident members owe California income tax?

Yes — on their share of the LLC's California-source income (apportioned if the LLC operates in multiple states). Non-residents file Form 540NR.

How do I stop the $800 from accruing?

File Certificate of Dissolution (Form LLC-4/7) with the SOS AND file final Form 568 with the FTB. Both steps are required. Simply letting the LLC go dormant does NOT stop the tax.

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