How Do I Form an S Corp in California? Step-by-Step Guide to Starting an S-Corp in California

Discover a step-by-step guide on how to start an S-Corp in California, including benefits, registration requirements, and essential tips for success.

Formation and Taxation of S-Corps

To create an S-Corp in California, the guidelines include forming a business name, hiring an Agent for Service of Process, filing your Articles of Organization, creating an operating agreement, requesting an EIN, and filing a form 2553. An S corporation is a tax designation that reduces self-employment tax. California S corporations avoid double taxation on the federal level but pay state income tax on corporate and personal tax returns. However, they must pay the annual franchise tax, waived during the first year for newly formed corporations.

How to Set Up an S-Corp

To establish your S-Corp, deciding the name for your corporation is significant, with legal procedures to be considered. You can start an S corporation by either creating a limited liability company (LLC) or forming a corporation outright. The next step is electing S corp status with the IRS, which can occur during your application for an EIN.

The S-Corp formation process in California can be challenging. To facilitate this process, services like Inc Authority allow you to apply through a short form.

Costs and Registration Requirements

In California, you need to register your S corp with the state to legally operate. The costs can vary, and although there is no initial filing fee, you must meet the requirements and make your S corp election within 2 months and 15 days after the first day of the taxable year.

For an S corp’s benefits to outweigh the costs, it’s advised to take out at least $10,000 annually in distributions, pay yourself a “reasonable salary,” and set up payroll. Use an S corp calculator to verify that your business will benefit from electing S corp taxation.

Creating a strong brand identity is crucial when choosing your business name. Look at the differences between S Corporations and C Corporations for a better understanding of tax implications.


  • How much does it cost to open an S Corp in California?
  • How do I set up an S Corp in California?
  • How much does it cost to set up an S Corp in California?

There are three key benefits to starting an S corp in California: the pass-through tax entity eliminates double taxation, it’s best to select a registered agent within the state you operate, and although financing can be challenging, numerous options are available.

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