How to Start a Business in California
What You'll Need
- Your chosen business name (check availability at sos.ca.gov before filing)
- A registered agent address in California (can be your own address)
- EIN from IRS.gov (free, takes 5 minutes online)
- $70 for the Articles of Organization filing fee (LLC)
- $800 for the first-year California franchise tax
- $20 for the Statement of Information (due within 90 days of formation)
Normal Procedure
- Choose your entity type. For most solo operators, a single-member LLC is the right starting point. See the entity type comparison below.
- Check your business name at sos.ca.gov to confirm it is available.
- File Articles of Organization (Form LLC-1) online at sos.ca.gov. Fee is $70.
- Get an EIN at IRS.gov. Free and immediate. You need this before you can open a bank account or hire anyone.
- File a Statement of Information within 90 days of formation. Fee is $20. Due every two years after that.
- Register with the FTB via MyFTB at ftb.ca.gov and pay the $800 franchise tax.
- Open a dedicated business bank account using your Articles of Organization, EIN, and operating agreement.
- Check whether your city or county requires a local business license or permits.
Entity Type Comparison
- Sole Proprietorship: No registration required. No liability protection. All income taxed on Schedule C. Best for testing a business idea before committing to a formal structure.
- Single-Member LLC: One owner. $800 annual franchise tax. Personal liability protection. Taxed as a sole proprietor by default, with option to elect S-Corp status.
- Multi-Member LLC: Two or more owners. Partnership taxation by default. $800 franchise tax plus an LLC fee based on gross revenue. Requires an operating agreement.
- S-Corp: A tax election (not a separate entity type). Reduces self-employment tax by splitting income between salary and distributions. Most beneficial when net profit exceeds $60,000 to $80,000 consistently.
- C-Corp: Separate tax entity with double taxation. Used primarily by venture-backed businesses planning to raise outside capital.
Abnormal Procedures
- Forming an S-Corp from scratch: File Articles of Incorporation with the Secretary of State, then file Form 2553 with the IRS. Deadline is March 15 for the current tax year.
- Converting an existing LLC to S-Corp taxation: File Form 2553 by March 15 (or within 75 days of the entity's formation). The underlying LLC does not need to change.
- Multi-member LLC: All members must sign an operating agreement before filing. Ownership percentages, voting rights, and profit distribution must be agreed upon in writing.
- Out-of-state business registering in California: File a Statement of Foreign Qualification with the Secretary of State. Still subject to the $800 franchise tax.
FAQs
How long does it take to form an LLC in California?
Standard processing is 4 to 6 weeks. Same-day and 24-hour expedited options are available for additional fees at sos.ca.gov.
Do I need an attorney to form an LLC?
Not required, but recommended if you have multiple members, complex ownership arrangements, or unusual provisions in your operating agreement.
Can I change my entity type later?
Yes, but there are tax and legal implications depending on the change. Talk to NCO before making any structure changes.
What if I already started operating without registering?
You are a sole proprietor by default. You can register an LLC at any time, but make sure NCO knows the start date so the first-year franchise tax is handled correctly.