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California field guide / 04 / Tax & timing

LLC or S election: compare the California tax layers

01 / The direct answer

An LLC is a legal structure; S corporation treatment is a tax election for an eligible entity. A default-taxed California LLC generally owes $800 plus any income-based LLC fee. A general California S corporation pays 1.5% of California-source net income, subject to an $800 minimum unless the first-taxable-year exception applies.

Official source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.htmlOfficial source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.html

Verified against the California Secretary of State and FTB on Oct 21, 2026

Corp USA is not a law firm and does not provide legal advice. Private information and filing service; not a government agency.

02 / Follow the decisions

Start with the right question.

Compare different income measures

The S corporation calculation uses California-source net income. The LLC fee uses total California income, not net profit. Moving one slider cannot establish that the tax treatments have equal taxable bases, or that an election saves money.

Official source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html

Model the minimum separately

A general S corporation’s standard tax is the greater of 1.5% of California-source net income and $800. Eligible newly formed or qualified S corporations do not pay that minimum on their initial first-taxable-year return, but still owe the income-based amount. Financial S corporations have different rates and are excluded here.

Official source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.html

Evaluate the election before filing

Form 2553 governs federal S election eligibility and timing. The deadline generally is two months and 15 days after the beginning of the effective tax year, or during the preceding year. Shareholder taxes, federal taxes, payroll, reasonable compensation and administrative costs are outside this comparison.

Official source: https://www.irs.gov/instructions/i2553
03 / Before you proceed

Your preparation checklist

  • Confirm federal S election eligibility
  • Separate California net income from total income
  • Review first-year minimum exception eligibility
  • Ask a tax adviser about the full federal and state picture
Official source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.htmlOfficial source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.htmlOfficial source: https://www.irs.gov/instructions/i2553
04 / Your decision tool

Illustrative California tax comparison

Decision tool

Illustrative California tax comparison

Default-taxed LLC

$800

$800 annual tax + $0 income fee

General S corporation

$800

1.5% income calculation: $750
$800 minimum applies

Illustrative only, not tax advice. Different income measures are intentional. No total savings claim: federal, shareholder, payroll and administrative costs are excluded. Financial S corporations are excluded.

Official source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.htmlOfficial source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html
05 / Facts & fees

Keep the requirements separate.

California facts at verification date; confirm current requirements before filing.
RequirementVerified detail / confirmation neededOfficial authority
LLC annual tax$800; general first-year exemption expiredOfficial source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html
LLC income feeStarts at $250,000 total California income; separate from $800Official source: https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html
General S corporation1.5% California-source net income, $800 minimumOfficial source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.html
Eligible new S corporationMinimum waived for initial first taxable year; 1.5% still appliesOfficial source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.html
06 / Your next path

Carry the decision forward.

Continue with our filing team

Corp USA is not a law firm and does not provide legal advice. State fees are pass-through. Service fees and taxes are separate. Review the order price before payment.

07 / Questions answered

Before your next step

No. It is an illustration of specified California entity-level tax rules, not tax advice or a full tax comparison.

Official source: https://www.ftb.ca.gov/file/business/types/corporations/s-corporations.html

S status is a tax election. An eligible legal entity makes the federal election using Form 2553.

Official source: https://www.irs.gov/instructions/i2553