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How to convert a California INC or LLC to Delaware Corp

Date: 08/04/2021 | Category: | Author: developers

Introduction to Converting California Corp or LLC to Delaware Corporation

If you are an owner of a corporation or a limited liability company in California and you want to expand or are looking for venture capitalists and investors in another state like Delaware then what are your options? One of the options is to convert California to Delaware Corp or LLC. This type of conversion is also known as “Reincorporation” as this term refers to a variety of transactions that enables an entity to move from one state to another or even change from one entity type to another. For example, if you want to convert a California entity to a Delaware entity, this is an option. Conversions are considered as statutory mechanisms that a state provides to business entities thus allowing them to convert from one foreign entity to another entity in the state e.g., Delaware allows foreign LLCs and corporations to convert into a Delaware corporation or LLC.

Conversion of California Business Entity to Delaware Corp

It is never easy to set up a new business and once it is operational in California; the very thought of conversion or reincorporation into another or same business entity in another state like Delaware may be unnerving. It can be quite an elaborate undertaking especially if you are planning to convert California LLC to Delaware Corp. The conversion will be governed by Delaware laws and not California laws and hence, documentation required for the conversion should be compliant to the Delaware business laws.

You can convert a California entity to a Delaware entity and historically speaking, this type of conversion has been quite a common transaction for Delaware. There are however several reasons that drive this type of reincorporation or conversion to a Delaware business and the reasons may be different for different types of entities.

Why convert a California business entity to Delaware LLC or Corporation?

Each business has its own set of requirements and once a business achieves growth; the thought of expansion could be one of the reasons that may drive business owners and entrepreneurs to convert foreign LLC to Delaware LLC or corporations. Let’s take a look at the most common reason for conversion.

  • Attract investors or VC’s: One of the primary reasons that drive this conversion is attracting investors and venture capitalists. Delaware has a strong startup ecosystem along with a pro-business regulatory and legal environment, and it’s no hidden fact that venture capital firms and other investors prefer Delaware business corporations. Entrepreneurs prefer to convert California LLC to Delaware Corp as it is difficult to transfer ownership in an LLC. Secondly, from a VC’s point of view, because an LLC is a pass through entity, the profit and losses of the business will reflect in the business owners tax return and this creates tax related problems or issues for VC’s and other investors.

There can be other reasons as well like expanding into the Delaware market, moving permanently to Delaware, or setting up a branch office.

Reincorporate a Business from a California Entity to a Delaware Entity

A business corporation formed in California may want to reincorporate in the state of Delaware owing to a number of business, economic, or financial reasons that properly address the growing needs of the company. Reincorporation is a term that is used for a variety of transactions that result in an entity’s movement or transfer to a state other than its home state or switching entity type. For instance, if you convert California LLC to Delaware Corp then it would be switching. The process of reincorporation normally involves a quick and simple statutory mechanism that involves filing of specific forms related to conversion. However, in order to convert foreign LLC to Delaware LLC or corporation, both states (the home state and the new state) should accept the process of conversion.

If you have formed a corporation in California then it is important to understand that it is one of the few states that don’t recognize conversion. Hence, it will not allow you to convert a California entity to a Delaware entity or a domestic corporation into a foreign corporation. So, if you want to convert a California Corp to Delaware Corp then there are three methods to choose from and they are merger, asset sale, and stock-for-stock exchange. Let us delve a little deeper into these three methods.

Merger

If you want to convert California Corp to Delaware Corp through reincorporation using a merger, then there are specific statutory requirements that you need to follow or be compliant with. This type of merger is also known as a reverse merger or even a downstairs merger where-in you want to reincorporate in another state or jurisdiction. A downstairs or reverse merger is a type of transaction where-in the desired entity type is formed in a new state and the existing entity in the home state is merged with this new entity. This is considered quite a complex transaction as compared to a conversion or asset transfer. Let’s look at an example to understand how a merger can help convert a California entity to a Delaware entity.

  • As an existing California corporation, you will need to create a new subsidiary in Delaware. This subsidiary is considered to be a shell corporation as it does not have any assets or businesses. Now, in order to convert a California Corp to Delaware Corp, the California Corporation merges into the newly formed Delaware subsidiary while ensuring the Delaware Corporation remains as the surviving entity. Post this merger, the stock and other securities of the Delaware subsidiary corporation will have preferences, rights, restrictions, and privileges identical to that of the California Corporation.

The California Corporations Code (CCC) requires the board of directors of the California Corporation as well as the Delaware subsidiary to approve the agreement of merger before you convert a California entity to a Delaware entity. The California and Delaware corporations participating in the merger need to sign the agreement of merger after reading the terms and conditions of the merger and amendments, if any, to the articles of the surviving Delaware corporation. The surviving corporation or the Delaware entity will be required to file a copy of the agreement of merger, along with officers’ certificates of each of the constituent corporations with the office of the California Secretary of State.

Asset sale

An asset transfer is one of the ways to convert California LLC to Delaware Corp. It refers to the fact that the newly formed business entity (Delaware corp) purchases the assets belonging to the former entity (California LLC). The process of asset sale will involve a California entity selling off all its assets to the Delaware entity and then the California entity is dissolved. It is important to ensure that prior to the asset sale, a new Delaware entity or corporation is formed so that transfer of assets can take place. The Delaware entity has to be formed with all desired interests, securities as well as stockholder rights and privileges. If you convert a California entity to a Delaware entity through asset sale then the shareholders of the converting entity will receive stock in the newly formed Delaware Corporation as for the sold assets.

Stock-for-stock exchange

A stock-for-stock exchange is the third way to convert a California Corp to a Delaware Corp. This exchange takes place when the newly formed Delaware Corporation issues as well as exchanges the shares of its unissued and authorized common stock to the shareholders of the converting California Corporation in exchange for all the outstanding shares of the said entity’s stock. This method to convert a California entity to a Delaware entity can be employed only if the converting California Corporation is closely held and its shareholders accept or allow the exchange to take place.

Need Any Assistance in Converting Your California Business Entity to Delaware Corporation?

If you have formed a business in California and want to now convert California LLC to Delaware Corporation then the entire process can be quite difficult and frustrating. This is more so because California doesn’t support domestic companies opting for conversion to foreign entities. Hence, you would have to choose to go with a merger, asset sale, or stock-for-stock exchange.

We, at IncParadise are one of the leading and experienced incorporation service providers in California and Delaware. We can guide you through the entire process of California business entity conversion to a Delaware entity.

We provide a variety of additional services in California and Delaware including EIN assistance, foreign qualification, new business formation, annual report for all US states, and Certificate of Good Standing among others. Apart from our additional services, you can also opt for our registered agent services in California and Delaware.

Do you need help with converting a California INC or LLC to a Delaware Corp?

California Business Tax – Complete Guide

Date: | Category: | Author: developers

California Business Tax – Complete Guide

A business owner in California or any other state in the USA has to understand and comply with their federal, state, and local tax requirements. The type of tax levied and the rate vary from one state to another. For example, the rate of California business tax for corporations is lower than other states like Iowa, which has the highest corporate tax rate. Corporate tax is not the only tax that a business may be required to file as the type of business taxes will also vary from one state to another. However, most states will tax some form of business income derived from the state of formation by the said business. Taxes are as integral to businesses as is earning revenue and it is hence beneficial to understand beforehand how your business may be taxed.

California Business Tax

This guide provides you with information pertaining to different types of taxes in California, how different forms of businesses are taxed and California business tax rate for specific business entities or tax categories.

There are several advantages of starting a business in California including strong infrastructure and a robust economy. The state has dynamic metropolitan areas like San Francisco, Los Angeles, and San Diego while cities like Palo Alto, Yorba Linda in Orange County, San Francisco, Santa Monica, and Los Angeles provide the perfect business environment for startups and entrepreneurs.

If you start a new business in the “Golden State” then depending on the type of business, you will be required to file California business tax returns. It is important to understand the fact that every business or business owner in the US will have some form of federal, state, and local tax requirements and this is irrespective of the state of formation.

What taxes do businesses pay in California?

Business taxes vary from one state to another and California business tax comprises three types of taxes, which are corporate tax, franchise tax, and alternative minimum tax. If you form a new business in California then all or one of these taxes will be applicable for your business. Let’s try and understand what these taxes imply and what the California tax rate is for each of these taxes.

Corporate tax

A California corporate tax is a type of direct tax that is also known as company tax or corporation tax. This type of tax is imposed on the profits earned by a corporation. If you form a corporation in California then the corporate tax would be payable on the taxable income of your company. The taxable income includes revenue earned minus the cost of goods sold (COGS), research and development, depreciation, selling and marketing, general and administrative (G&A) expenses, and any other operational cost. Apart from corporations, this tax is also applicable to limited liability companies that have elected to be treated as corporations. The Corporate tax rates vary from one state to another and are levied in 44 states including California. The California corporation tax rate is 8.84%, which is higher than the US average. The rate of 8.84% is for corporations other than banks and financials and the rate is 10.84% for banks and financials. The due date for filing of the California corporate tax return is on the 15th day of the 4th month after your fiscal year ends but if you are not following a fiscal year then the due date will be March 15th each year.

It is important to understand that the California corporate tax is imposed on only those businesses that conduct their business in California and derive their income from within California.

Franchise tax

A franchise tax is a type of California business tax that is paid by certain forms of businesses just to conduct their business in a specific state. Some US States like Kansas and Missouri have eliminated franchise taxes while other states like Alabama and Georgia impose franchise taxes just like California. A franchise tax is also known as a privilege tax as it provides businesses with the right to operate with that state. California franchise taxes are applicable for a variety of business structures including limited liability companies (LLCs), S corporations, limited liability partnerships (LLPs), limited partnerships (LPs), and traditional corporations (C corporations). The California tax rate or franchise tax rate may vary from one form of business structure to another.

The California business tax rate or franchise tax rate is 1.5% of the net income of a corporation with the minimum tax payable being $800. The tax rate for a limited liability company is a flat fee instead of a percentage rate and this fee will be dependent on the total income or gross income earned in California. The breakdown for calculating this type of California business tax is:

  • The tax fee on income earned between $250,000 and $499,999 is $900
  • The tax fee on income earned between $500,000 to $999,999 is $2,500
  • The tax fee on income earned between $1,000,000 to $4,999,999 is $6,000
  • The tax fee on income earned on $5,000,000 or more is $11,790

The franchise tax is due on the 15th day of the 4th month from the date you file with the Secretary of State for payment of your first-year annual tax e.g., if you register your LLC with SOS on April 17, 2021 then the annual LLC tax will be due on July 15, 2021.

Alternative Minimum tax

The Alternative Minimum Tax (AMT) is a California income tax imposed by the federal government and is considered as an alternative minimum tax for businesses and individual taxpayers earning above a certain threshold. The AMT does not include any deductions or exemptions and the California business tax rate for AMT depends on where the income falls within the AMT threshold. It is also important to note that it will be mandatory to pay AMT taxes if the adjusted gross income tax is more than the exemption level. The Alternative Minimum Tax provisions have created an entirely parallel system of taxation, which normally targets corporations that show an Alternative Minimum Taxable Income (AMTI) of over $40,000.

How are California Businesses taxed?

If you start a new business in California, one of the primary considerations that you have to make is that of tax status. Different types of entities are taxed differently while some businesses are required to file California income tax as well as business tax. The California tax rate is dependent completely on the type of tax your company is required to file. Let’s look at the different types of entities and their taxations.

Taxes for California LLC

A standard LLC is similar to an S corporation as they are both pass-through entities and this simply means that they are not required to pay any federal income tax. Instead, the income earned from the business will get distributed amongst the members of the limited liability company and then each member would be required to file federal and state taxes based on the amount received from the business. In such a scenario, members would have to file California income tax returns.

Similarly, a standard California limited-liability company is also required to pay California business tax in the form of franchise taxes and it is calculated differently than that of an S corporation. Instead of a flat California tax rate or percentage rate, LLCs are subjected to a flat dollar amount based on their gross income tier like if the gross income of an LLC was between $500,000 and $999,999 then they would be required to pay a tax of $2,500. It is also important to note that a California LLC has to pay a minimum franchise tax of $800.

A limited liability company (LLC) is classified as a partnership for tax purposes or as a disregarded entity if it is a single-member LLC. You will have the option to elect for the tax classification of a corporation for the said LLC. In that case, your LLC would be subjected to California corporate tax and even alternative minimum tax, if necessary.

Taxes for California C Corporations

C corporations are known as traditional corporations and will be subjected to California corporate tax of 8.84% or Alternative Minimum Tax (AMT) of 6.65%. The type of tax it will be subjected to depends on whether the entity claims net taxable income e.g., a business corporation that has a net taxable income of $2 million and it will be subjected to California corporation tax rate of 8.84% of the income, thus the tax to be paid will be $176,800.

Similarly, a California corporation that does not have any taxable income will be subjected to California business tax in the form of franchise tax.

Taxes for California S Corporation

An S corporation can be created only if you have a C or traditional corporation or an LLC. Once you have formed a corporation, you will need to fill and submit IRS form 2553 pursuant to section 1362 of the Internal Revenue Code. If you have an LLC then you will have to elect to be taxed as an S Corporation. S corporations are considered to be pass-through entities and hence it will not be subjected to a separate federal income tax. Instead, any taxable income generated by an S corporation will be passed through to the shareholders of the company and each shareholder will be subjected to federal tax on each shareholder’s share of the income. In California, an S Corporation is not treated as a pass-through entity for California business tax purposes. As a result, a California S corporation will be subjected to franchise tax. The franchise tax or California business tax rate will be 1.5% on income and the minimum tax will be $800. In addition to this, all S corporation shareholders will have to file an income tax on their share of the company’s income.

Taxes for California Sole Proprietorships

If you start a sole proprietorship in California then it will be treated as an individual for California income tax purposes. For Example: if the net income from your sole proprietorship is $100,000 then it will be distributed to you. As a result, you will have to report your business income and expenses on IRS Form 1040 Schedule C and file your estimated tax on the Form 540-ES: Estimated Tax for Individuals. The California tax rate will vary depending on the overall net income you have earned in a given tax year.

Taxes for California Partnerships

The California business tax treatment of a partnership firm will depend on the specific type of partnership. A Limited Liability Partnerships (LLP) and a Limited Partnership (LP) will be required to pay a minimum franchise tax of $800 while the business owners have to file personal income tax on any income that is passed through from the company to them. You will be required to file Partnership Return of Income (Form 565).

Ready to Incorporate your California Company?

Whether you are planning to form a traditional corporation or a limited liability company (LLC) in California, the incorporation or new business formation process can be quite difficult, extensive, and time consuming. You may be required to file multiple documents and provide information pertaining to the business and personal details and ensure everything is as per the requirements of the California Secretary of State. This is where IncParadise has its expertise! We are an expert incorporation service provider in California and can help to register your LLC or corporation in the state. IncParadise also offers Registered Agent Services in the state of California as LLC and corporate law require all types of business entities formed or incorporated in the state to designate and maintain a registered agent in this state. A top California registered agent like IncParadise plays the all important role of maintaining communication with the California Secretary of State (SOS) in matters related to the incorporation or formation of a domestic or foreign business entity.

Once you’ve registered your LLC or corporation you will be required to fulfill several annual requirements like renewing a business license to operate in California and Statement of Information. Keeping in mind the annual maintenance and requirements by the state, IncParadise offers several additional services like helping you obtain a tax ID (EIN) number, S Corporation status election, and California Certificate of Good Standing among others.

Form your LLC or incorporate your California business Today!

How to get a business license in California

Date: | Category: | Author: developers

How to get a business license in California?

California is one of the top states when it comes to forming a startup or incorporation of a new business. You can choose from several forms of businesses right from a self proprietorship entity to a limited liability company. One of the aspects that entrepreneurs or new business owners need to focus on is that every entity needs to apply for and obtain a license for California business as this will help make the business operational. You may have registered your entity but without a license or permit, as such you will not be able to sell your products or services.

Business License in California

This guide will not only provide you with information pertaining to licenses and permits that your business may require to become operational but also licensing requirements, cost of California business license, and renewal process among others.

You can start a business in California in a variety of industries like agriculture, a high revenue generating industry like tourism, oil drilling and solar power, professional sports, world’s most valuable technology industry, and one of the world’s largest international trade sectors. You will need to obtain a license for California business first.

Today, California is home to 4.1 million small businesses generating over $162 billion in revenues and over 539,000 business entities are based in the professional, technical, and scientific services sector. There are 68,022 small business exporters that generated revenue of $156.1 billion by exporting to 227 foreign economies. The growth rate of the California economy in 2019 was 2.2%, which is more than the overall US growth rate of 2.1%. If you are setting up your new business in the export, trade, or any other industry then the cost of California business license will vary according to the business activity or the industry.

What business license do I need in California?

As an entrepreneur or a business owner, you will need to obtain a license for California business. Prior to applying for a license or permit, you need to first determine the type of license or permit your business will require. The factor that defines the type of permit or license you may require is the business activity. A business activity may also highlight the need to apply for multiple licenses or permits and this is apart from the fact that certain counties or cities may require you to also fulfill zoning requirements. It is important to remember that once you obtain permits or licenses, you need to ensure timely or yearly California business license renewal. Business licenses in California can be divided into two categories, which are:

General business license

If you are planning to start a new business in California then it is important to obtain a license for California business first. The general business license is required by most entrepreneurs or business owners in the city the business is located and if your company is operating from unincorporated sections of the city or state then you will be required to obtain a license or tax certificate depending on the county. If you have or are planning to open branches of your business in several locations then you will have to apply for licenses or permits in all locations that you are and/ planning to operate from. The cost of a California business license will depend on the city, the number of locations, and the business activity. Let’s look at an example:

ABC Inc., has registered its business in the City of San Diego and will need to obtain a license for California business pursuant to City of San Diego Municipal Code Section 31.0121. In San Diego, ABC Inc. will have to register for a Business Tax Certificate instead of a business license. The issuance of this certificate confirms that ABC Inc. has paid all its business taxes. The cost of California business license applications is $38 and it includes $34 Business Tax and a State mandated fee of $4. The application can be submitted by mail, electronically, or in person.

Now if ABC Inc., wants to open a branch in another location like the City of San Jose then you will have to apply for a Business Tax Certificate in this city as well. Similarly, if the company plans to open another branch in Oakland then they will be required to obtain another Business Tax Certificate. It is also important to understand that if ABC Inc., is a seller of retail or wholesale goods, then they will be required to apply for a business license in California also known as a California Seller’s Permit.

Business license/permits for specific industries

Apart from a general business license in California, your new business will require additional licenses for specific industries or regulated industries. This type of license or permit is issued by different governing bodies. For example, the Department of Financial Protection and Innovation (DFPI) regulates and oversees the licensing by the Division of Financial Institutions. Let’s look at an example:

If you are planning to start a restaurant that also serves alcohol then you will require the following:

  • A general business license in California or a Business Tax Certificate issued by the city where your restaurant will be located
  • A California Seller’s Permit
  • A business license or permit for specific industries or a liquor license issued by the California Department of Alcoholic Beverage Control

You can also find more information pertaining to business licenses and permits for regulated industries along with the cost of California business license through the California Government Online to Desktops (CalGOLD) Assistance Program. CalGOLD is an online searchable database of all regulated industries and professions in the state.

Do you want to know what business licenses your California company requires?

Obtaining Business License in California

If you are planning to operate your business in any city or county of California and unless your business is exempt from licensing; you will be required to apply and obtain a license for California business or a business tax certificate. If you have a business license or permit then you will be allowed to operate or transact business in the state legally. If you operate without a license then your business may be forced to close apart from the possibility of penalty fees or fines and can even lead to a loss of reputation. Once you have obtained a license or permit, you will have to ensure California business license renewal on time to avoid penalty.

How do I get a business license in California?

It is fairly easy to obtain a license for a California business although you need to first determine the type of license your business requires. For example, you may require a general license or a regulated license. Most of the licenses and permits are issued by the city offices, city hall, county clerk office, and civic departments like the fire or police department of the city or county your business is located in. A California business license renewal is also handled through the same offices that were responsible for issuing them. There are certain licenses or permits like the California Seller’s Permit that can be applied for from the California Department of Tax and Fee Administration (CDTFA).

General Business License

You can visit the CalGold database as it provides business-specific information regarding the license, permit, and registration requirements. There are certain state and local requirements that you need to fulfill prior to applying for a general business license in California. The cost of a California business license or permit will vary from one city to another although some cities charge a fixed amount as the fee for a business license while other cities have fees based on your annual sales. You can also opt for our “Business License Research Report” service, which is an extensive research report containing a list of filing instructions, supporting document requirements, and fees for all business licenses and permits for your company in California.

What do you need to provide when applying for a California business license?

A general business license in California or permit for regulated industries are governed by the Municipal Code of the city the business is located in. The municipal code also defines the various requirements a business has to furnish or fulfill in order to apply for a new license or for California business license renewal. Some of the important information you are required to provide in your license or permit application include:

  • Name and address of the business establishment
  • Names, addresses and phone numbers of all members or owners
  • The mailing address of your company if it is different from the physical address
  • A business phone number
  • Driver license or state identification number and Social security number
  • The type of business like an LLC, corporation, sole proprietorship etc
  • Employer identification number (EIN)
  • Seller’s permit number is required prior to applying for a business license in California.
    This permit is applicable only if you are selling goods or leasing tangible personal property anywhere in the state
  • The business activity as it plays a key role in determining the type and number of licenses and permits required. It will also determine the cost of California business license
  • Some businesses may be required to provide North American Industry Classification System (NAICS) code and Standard Industrial Classification (SIC)
  • Bank Information and name as well as account number of the merchant credit card processor
  • Estimated Payroll Expenses and Gross Receipts from the specific state the business is located in

How much does a business license cost in California?

The cost of a California business license also known as a business tax certificate varies from one city or county to another. Normally, a business license can cost anywhere from $50 to $100 although it can be more as well. If you apply for a Business Tax Certificate in San Diego County for starting a restaurant having 1-10 employees then you will have to pay $753 and if you have 100 employees then the cost would be $1,059.

Similarly, a regulated license would vary according to the type of business activity like if your restaurant serves alcoholic drinks then it will fall under a regulated industry and you will have to obtain a license for California business through the California Department of Alcoholic Beverage Control.

If you start a Brew Pub – Restaurant then the license fee would vary from $790 to $1,235

Renewing California Business License

Once you have obtained your general business license in California, you can operate your business but at the same time, it is important to remember that a license needs to be renewed. You will need to apply for California business license renewal periodically or annually depending on the state or county requirements and this might involve an additional renewal fee. Most licenses have to be renewed 60 days prior to the expiration date. In the state of California, all active business licenses expire after a period of two years while inactive licenses expire after four years. Hence, it is important to ensure that the expiration date is marked on your calendar because if you miss the date, you may end up paying a late fee.

Need any Assistance in Obtaining Your California Business License?

In the state of California, there is a general business license and depending on the business activity, industry, and location of the company, you may also have to apply for regulated business licenses, and local permits. The process of searching for the right license and determining whether your business requires single or multiple licenses can be quite exhaustive and time consuming. We at IncParadise can help you in the process by guiding you to obtain a license for California business. You can also benefit from our Business License Research Report service, which will provide you with business license filing instructions, cost of California business license, and information pertaining to the list of documents required for submission.

Every business has multiple requirements apart from applying for a business license in California. All businesses formed in the state have to fulfill annual maintenance requirements as required by the state. This is where our wide variety of additional services can be helpful in your endeavors. These services vary from helping you obtain a tax ID (EIN) number to formation or registration of your new business, California Certificate of Good Standing, Foreign Qualification, and California Annual Report or Statement of Information among others.

Register your new California business easily and quickly!

How to start a sole proprietorship in California

Date: | Category: | Author: developers

How to start a sole proprietorship in California?

A sole proprietorship is a type of business that is also known as a sole trader or an individual entrepreneurship. It is an unincorporated entity that is basically owned by a single person or an individual. This is actually the simplest legal form of business that you can form in any state in the US. If you are planning to start a sole proprietorship in California then there are several advantages that you may enjoy including tax benefits. Since this type of business is indistinguishable from the owner, the sole proprietorship California taxes or taxation will be quite simple. This is an article focused on helping you understand what a sole proprietorship is in California and the various requirements of forming this business. These include registration of a DBA, choosing a business name, obtaining business licenses and permits, and taxes among others.

Sole Proprietorship in California

California is one of the most favored states among entrepreneurs as the state with the largest economy is the US and offers several benefits and opportunities to new and existing businesses. The state has a $3.1 trillion economy and constitutes 14% of the US economy making it one of the best places to start a sole proprietorship in California. The San Francisco Bay Area in California has high economic activity taking its rank to 19th in the world. Some of the top businesses based in the San Francisco Bay Area include Wells Fargo & Company, BNP Paribas, Gap Inc., and Old Navy. As a sole proprietorship business in California, you can leverage the various California state incentive programs. Some examples are the sole proprietorship California taxes credit programs called California Competes Tax Credit and the New Employment Credit (NEC).

What is a sole proprietorship in California?

California is a dream state for every entrepreneur planning to launch their idea or concept in the US or globally. You can choose from several different types of businesses although sole proprietorship is one of the most common types of startups. You can start a sole proprietorship in California if you are the only owner. A California sole proprietorship is not considered as a separate business entity like a professional corporation; instead it is considered to be an extension of you as an individual or a single owner. In a way, the owner and the business are the same entity and this is an important consideration when it comes to sole proprietorship California taxes. One of the biggest advantages of starting a sole proprietorship in California is that the overall cost of forming this form of entity is less as compared to corporations or limited liability companies.

What are some key features of sole proprietorship?

A sole proprietorship is the oldest form of business in the US and globally and if you are planning to start a sole proprietorship in California then there are some key features that will help you to understand this form of entity better. The key features are:

  • This type of business is a single owner business and hence the sole proprietor and his/her business are considered one and the same.
  • Since it is a single owner business, all management based decisions will be made by the entrepreneur or the sole owner without any interference from any other owner like in a multi-member LLC
  • When it comes to sole proprietorship California taxes; the taxes are filed through the individual income tax return
  • Filing a sole proprietorship in California means you as the owner will be personally liable for any and all actions as well as debts related to the business
  • Sole proprietorship businesses have low startup costs as it requires less capital initially and easier payroll requirements
  • The owner of this form of business will receive all the profits as well as be responsible for all business losses
  • If you are wondering how to start a sole proprietorship in California then the answer is that since there is an individual owner, you will not be required to file any type of formation document for organizing the business with this state, although there would be other requirements like filing a DBA or trade name registration and obtaining the necessary business license.
  • Apart from an individual, a married couple can also operate a sole proprietorship in California
  • A sole proprietorship business will remain active until it is dissolved by you or upon the death of the owner. It can also be passed down to an heir.

Are you ready to start a sole proprietorship in California?

Steps to Start Sole Proprietorship in California

One of the simplest forms of California business entity is a sole proprietorship. So, how does the filing of sole proprietorship in California process work? It is a fact that the process for starting a sole proprietorship business is quite simple as compared to other forms of businesses like an LLC or a C-Corp. One of the advantages this type of business has over other businesses is that you are not required to register your new business with the California Secretary of State. Simultaneously, there are several state based regulations and requirements that you need to consider, so that you are able to form a new business without any glitches. The following steps will provide guidance in terms of how to start a sole proprietorship in California correctly while remaining compliant with all state regulations.

1. Choose your business name

The first step towards filing a sole proprietorship in California is choosing a business name. Every business or a brand has to have a name as this name is what your prospective customers will remember. It often creates the first impression with prospective customers and investors. A business name can also help in communicating your business strategy and the type of product or service you are offering e.g., the name Sam’s Car Rentals translates into the fact that the business offers car rentals for tourists, conference attendees, and business people.

A sole proprietorship can exist under the legal name of the owner but sometimes an owner may want to use a different name for several reasons. These can be for marketing and advertising purposes. It is important to note that the name you choose should be distinguishable from the name of any other business although it can be a close variation. At the same time, you need to ensure the name is not misleading to the public. For example, if you add L.L.C or INC. to your name then that would be misrepresentation of a sole proprietorship firm.

One of the ways to check for the originality of the business name and ensure its availability in the state of California is by conducting a business name or entity search.

2. Register your fictitious business name (DBA)

There are two types of names a sole proprietorship can opt for. One is to register the owner’s name and the second is to file a Fictitious Business Name also known as a DBA or Doing Business As. If you are thinking of filing sole proprietorship in California with any name other than your name then you will have to file a DBA. For example, Dean Johnson owns a sole proprietorship and the name of the business is Dean Johnson Plumbing then he will not be required to file a DBA. On the contrary, if he names the business as “Clear Drain Plumbing” then he will have to file a fictitious business name. A California DBA has to be filed with the city or office of the county clerk in the city or county the business is located. The filing fee will depend completely on the city or county it is being filed in. We at IncParadise can help you in filing your Fictitious Business Name (DBA) in California.

3. Get EIN

A sole proprietorship business is considered as a disregarded entity or a pass-through entity where sole proprietorship California taxes are concerned. The question is do you need an Employer Identification Number or EIN? If you start a sole proprietorship in California without any employees and if you are not filing pension plans or excise tax returns then you will not be required to apply for and obtain an EIN. You can file your taxes using your Social Security number (SSN). As a sole proprietor, you will be required to apply for an EIN with the IRS if:

  • You are planning to hire employees
  • You inherit or buy an existing business, which is then operated as a sole proprietorship entity
  • You have a Keogh plan (tax-deferred pension plan) or a Solo 401(k) retirement plan
  • You form a partnership, LLC or incorporate

4. Obtain necessary licenses and permits

Whether you start a sole proprietorship in California or any other form of business; you may need to apply for and acquire federal, state, regional or local business licenses and permits. As a sole proprietor business you may have to apply for and obtain multiple licenses and permits depending on your business activity. There are primarily two types of licenses – general and regulatory. There are certain licenses and permits that are issued only by the city office or county clerk of the place where the business is located or conducting business. The IncParadise “Business License Research Report” service is a resource that will help you in determining what licenses or permits your business may require. It also contains a list of filing instructions, supporting document requirements, and fees for all business licenses and permits for your Sole proprietorship business in California.

5. Open a bank account for your business

When you start a sole proprietorship in California, one of the important tasks is to open a business bank account. This will help you to keep your profit and losses or deposits and expenses separate from your personal banking account. When you maintain a separate bank account for business, it will also ensure you are able to file sole proprietorship California taxes properly. Secondly, having a business bank account can add to your professionalism and credibility as a business. One of the advantages of having a separate bank account for the business is that you will be able to accept credit card transactions wherever necessary as well as a point of sale system. You will be able to open a bank account using your fictitious business name (DBA) and the EIN, although rules and regulations vary from one state to another.

6. Report and pay taxes

One of the important aspects to consider when filing a sole proprietorship in California is the business tax. It is true that as a sole proprietor, the entire process of taxation is simple as you and your business are considered a single entity by the Internal Revenue Service (IRS). As a result, you will have to file sole proprietorship California taxes as the owner, on the income that you have earned from your business. You will be reporting income earned and losses incurred on the personal tax return form (IRS Form 1040).

Ready to Start a Sole Proprietorship Business in California?

A sole proprietorship is also known as a sole trader business or an individual entrepreneurship and is considered one of the simplest legal forms of business. It is an unincorporated entity and you can start a sole proprietorship in California without the need to register with the Secretary of State. The establishment of this type of business is quite easy and inexpensive and has few regulatory requirements. If you are wondering how to start a sole proprietorship in California then IncParadise can help you in starting your California sole proprietorship business.

We also offer several additional services that you may require if you are planning to start a sole proprietorship in California like getting an EIN, filing a DBA, and Registration of a foreign company among others.

Do you want to start your Sole Proprietorship in California?

How much does it cost to form a California LLC or Corporation

Date: 07/23/2021 | Category: | Author: developers

How much does it cost to form a California LLC or Corporation?

California has a $2.6 trillion economy, making it the largest in the nation. It is one of the favored states among entrepreneurs and startups due to the robust business infrastructure and a host of business incentive programs available. The cost to form a California LLC or a business corporation initially is also one of the factors attracting new business formation. The annual California corporation maintenance cost or LLC maintenance cost is different as compared to other states like Florida or Arizona and hence we have created this article to provide you with information and guidance. The article will provide you with an insight into certain aspects of California LLC or Corporation like choosing the right entity, new business formation costs, and annual maintenance costs.

California LLC or Corporation

There are different types of business structures you can choose in California including Limited Liability Partnership and Sole Proprietorship although the most popular is a limited liability company or a business corporation. The formation of an LLC is governed by the California Revised Uniform Limited Liability Company Act while that of a corporation is governed by the General Corporation Law. The cost to form California LLC is different from that of stock or professional corporations in the state. The annual California corporation maintenance cost is also different from that of limited liability companies.

Which business entity should I choose for California business?

Once you have an idea and are ready to bring it to life through a startup in California, the next most important decision would be to choose the type of business entity you should form. It is important to note that each type of business entity has its own advantages and disadvantages and these include the overall cost to form a California Corporation or LLC. There are certain aspects or factors that you should consider when planning to incorporate in California. Let us look at some of the important aspects.

  • Business ownership: One of the first factors that will help you to determine the type of business entity you should form or incorporate in California is the business ownership. If you are the only owner and have no partners then sole proprietorship or a single member LLC would be the right choice. A sole proprietorship is easy to form and easy to exit from. It is the simplest and one of the most common small business legal structures. A single-member limited liability company (SMLLC) on the other hand is considered as an alternative to a sole proprietorship business. It is considered to be a “disregarded entity” and the IRS will tax this entity as a sole proprietorship. One of the other advantages is that the cost to form a single-member LLC or a sole proprietorship will be less than the cost to form a California Corporation.
  • Liability and personal assets: Each form of business has its own set of risk factors although business risk usually constitutes four categories. These categories are compliance risk, strategic risk, reputational risk, and operational risk. You can also form a California LLC or corporation to minimize certain risks. There is also the liability and personal risk, which is high in some forms of businesses like sole proprietorship and low in some forms of business like an LLC. Asset protection is another area that is used for protecting personal and business assets from creditor claims and this is possible through business structures like partnerships, corporations, limited liability companies (LLCs), and trusts.
  • Registration and maintenance costs: One of the important areas to consider is the overall formation costs of starting a new business in California. The cost to form a California LLC may be different from that of a business corporation or any other legal structure. In order to understand the cost of formation, let’s look at the cost to form California LLC vs. incorporation.
    • If you plan to start a general stock corporation or a professional corporation then the registration cost or cost to form a California corporation is $100 and there is an additional $15 if you drop off the incorporation documents at the Sacramento office. If you form a California LLC then the registration cost is $70.00 and an additional $15 for drop off. There are annual maintenance costs as well like the Statement of Information, which is due within 90 days of initial registration. The fee for submitting the Statement of Information for domestic and foreign Stock Corporation is $25 as compared to the fee for Statement of Information for a domestic and foreign LLC, which is $20.
  • Continuity of existence: When an entrepreneur starts a business they want the business to continue for as long as possible. In the case of certain business structures like a general partnership; the business dissolves when a partner dies. If you form a California LLC that is multi-member then death or withdrawal of a member can lead to dissolution unless the operating agreement of the LLC permits continuation of business. A business corporation on the other hand is a separate legal entity that can continue to exist even after death, incapacity, or withdrawal of its shareholders, directors, or officers.

Start your California Business Today!

California LLC Cost

One of the most popular forms of business entity is the limited liability company because of the several advantages it has to offer. One of the top benefits to form a California LLC is that personal assets are protected especially when the business is sued for any form of negligence. When it comes to taxes, an LLC can leverage its “pass-through taxation” status where-in the business is not taxed and instead, the income and expenses of the LLC are passed through to the personal tax returns of the owner. A limited liability company unlike S Corporations is a pass-through entity without any restrictions on the number of members or owners it may have. The cost to form a California LLC is also less as compared to other states like Connecticut, Florida, or Massachusetts.

Cost for forming an LLC in California

If you are planning to form a California LLC then there may be certain costs attached to the initial registration of your limited liability company. Registration costs are there in every state for LLC’s and are mostly considered as a one-time cost. The cost to form a California LLC includes:

  • You have to file Articles of Organization along with a filing fee of $70.00
  • If you are planning to drop off the registration documents at the Sacramento office then there is a non-refundable fee of $15.00
  • You have to reserve a business name prior to filing registration documents to form a California LLC. The name reservation fee is $10. In addition to this, there is a special handling fee of $10.

The above are fixed costs and there are one-time variable costs as well like costs related to creating an operating agreement, which can vary from $300 to $1,000. The cost to form a California LLC also includes completing and filing of all required paperwork. This process of creation and filing can vary in expenses from $500-$900 although IncParadise can assist with the filing, which will help save time and money.

Annual maintenance cost for California LLC

If you are planning to form a California LLC then you have to be compliant with the annual maintenance requirements as specified by the office of the California Secretary of State. It is important to remember that there is a cost to form a California LLC and there is a cost to maintain it and keep it active. The annual maintenance expenses include:

  • In order to make your business operational in California, you will be required to apply for and obtain a business license. The overall cost to form a California LLC will vary according to the type of business license or permit. The fee of a small business license can vary from $50 – $100 although the cost of a license may be higher for regulated industries like the Alcoholic Beverage Control industry where a Distilled Spirits Importer’s General fee is $677.
  • California LLC maintenance cost also includes the cost to renew your business license, which will again vary by the location and the type of business activity.
  • You will be required to file a Statement of Information within a period of 90 days after filing the Articles of Organization. It has to be filed along with a fee of $20. The statement will be required to be filed once every two years thereafter along with a filing fee of $20.
  • As a part of the annual California LLC maintenance cost, you may be required to pay a minimum tax of $800 to the California Franchise Tax Board pursuant to CA Rev & Tax Code § 17942 (through 2012 Leg Sess). This is payable each year.
  • When you form a California LLC, you will be required to maintain a registered agent in the state. We are one of the top and reputable registered agents in the state and we can help to register California LLC.

Do you want to start a new business as California LLC?

California Corporation Cost

A business or professional corporation is another type of business entity that is favored by entrepreneurs and small business owners. A corporation can be classified as a C corporation or an S Corporation. The former is one of the most common forms of California incorporation. A C Corporation has several advantages. For example, it has a perpetual lifetime, which means the business will continue to exist even if the owners die. If you incorporate in California then one of the major benefits is that the assets of owners (personal assets) are protected from any debt and liability belonging to the corporation. It is also easier to attract capital and investors through the sale of corporation stocks and bonds and it is also easy to transfer ownership. The cost to form a California Corporation is also less as compared to other states like Georgia, Illinois, or New York.

Cost for forming California Corporation

If you are planning to incorporate in California then there may be certain costs attached for the initial registration of your new business. The incorporation costs are normally considered as a one-time cost. The cost to form a California Corporation includes:

  • You can form a General Stock Corporation or a Professional Corporation. The cost to form a California Corporation by filing Articles of Incorporation is $100.
  • If you are planning to drop off the registration documents at the Sacramento office then there is a non-refundable fee of $15.00
  • You have to reserve a business name prior to filing formation documents to incorporate in California. The name reservation fee is $10. In addition to this, there is a special handling fee of $10.

The above are fixed costs and there are one-time variable costs as well. The cost to form a California Corporation also includes completing and filing all required paperwork. This process of creation and filing can vary in expenses from $500-$900 although IncParadise can assist with the filing, which will help save time and money.

Annual maintenance cost for California Corporation

Entrepreneurs incorporate in California to enjoy the several advantages but it is important to note that once you have incorporated your business, you will need to keep it operational and active. In order to ensure your business enjoys good credibility, you will be required to fulfill all annual maintenance requirements and they are an integral part of the cost to form a California Corporation. The annual maintenance expenses include:

  • Once you have filed incorporation documents, you have to make the business operational by applying for and obtaining a business license. The cost of a business license is an integral part of the California Corporation maintenance cost and is the same for all forms of businesses as it varies according to the business activity. A business license cost can vary from $50 – $100 although the cost of a license may be higher for regulated industries like the insurance business or any type of financial institution. The cost to form a California Corporation may vary or remain fixed each year as a business license or permit has to be renewed each year. The renewal fee will depend on the business activity including additional activity and the location.
  • You will be required to file a Statement of Information within a period of 90 days after filing the Articles of Incorporation. The statement will be required to be filed every two years thereafter. The California Corporation maintenance cost for Statement of Information is $25. If there has been no change then a Statement of No Change has to be filed the next year along with a fee of $25. There is a 6 month filing window for California corporations.
  • As a part of the annual California Corporation maintenance cost, you may be required to pay a minimum tax of $800 to the California Franchise Tax Board pursuant to CA Rev & Tax Code § 23151 (2019). This is payable each year.
  • When you form a California LLC, you will be required to maintain a registered agent in the state. We are one of the top and reputable registered agents in the state and we can help to Incorporate in California.

Are you thinking of forming a California Corporation?

Need any Assistance in Forming Your California LLC or Corporation?

If you are planning to form a California LLC or a stock corporation then there will be several aspects you will need to consider. For example, you can file Articles of Organization or Articles of Incorporation along with a Submission Cover Sheet. The process and need for information can be overwhelming and even the smallest mistake or incorrect information can delay the formation process further but you need not worry as expert help is here! IncParadise is one of the leading business incorporation and registered agent service providers in California and we have helped thousands of companies to start their California business. We can provide meaningful assistance to you so that the overall cost to form California LLC or Stock Corporation and the processing time is minimal.

As one of the top registered agents in California, we understand that each business has a different set of requirements. Hence, we provide a variety of additional services to California businesses like getting a tax id (EIN), foreign qualification, S corporation status, and California Certificate of Good Standing among others.

Do you want to register a new business in California?

Start a Business in California – Guide

Date: 08/04/2021 | Category: | Author: developers

Starting a Business in California

One of the most important factors driving business growth and the economy is the business environment. California with a GDP of $3,133 billion and a Silicon Valley startup ecosystem is still considered amongst the top states for new businesses. California is home to 20 or more top publicly traded companies including Apple, Chevron, Wells Fargo, Facebook, Intel, Oracle, Tesla, and Visa among others.

Entrepreneur’s guide to starting a business in California

The state of California has a pro business economic landscape with more than 3 million small businesses currently operational in the state. The state is known to frequently revise or even create new regulatory requirements and has a competitive labor market; the latter being considered advantageous by entrepreneurs as this provides an opportunity for improving internal processes of each business. The state has its own pros and cons but is still considered as an entrepreneur’s dream to start a business in California. Hence, we have created this detailed guide that will provide an insight into how you can incorporate in California and get your business licenses to make the startup operational.

It is never an easy task to start a small business or a startup but if you are planning to register a business in California then there are several aspects of your new business that need to be considered. Our guide takes into account any and all requirements focusing on how best you can incorporate in California. This guide provides a comprehensive outline of the various advantages of starting a business in this state, creation of a business plan that will include financing, sales and marketing; how new businesses can benefit from existing entrepreneurial training or development programs, choosing a business structure that will be beneficial towards achieving your business objectives, and various requirements prior to and post registration of your business.

This guide is focused on providing information to entrepreneurs and small business owners planning to start a business in California. It provides information on not only how you can start and make your business operational like obtaining a business license but also on hiring a reputable registered agent and obtaining a business tax ID or EIN.

Why do companies prefer to incorporate and register in California?

There are several drivers that play a key role in making California one of the most favored destinations for new businesses and startups including the existence of a robust Silicon Valley startup ecosystem, which is highly beneficial to those planning to start a business in the California IT industry. The state of California is a trillion dollar economy and if it were a nation then it would have been ranked as the world’s fifth largest economy. California’s economy is currently the largest in the United States and is home to businesses like Apple, Nvidia, and Intel. There are several advantages for registering a new business in this state and some of them are:

  • A Trillion Dollar Economy: California also known as the Golden State is considered as the largest sub-national economy in the world. The Real Gross Domestic Product (GDP) of this state in 2019 was $2.7 trillion, which is quite the jump from $2,058.14 billion in 2010. Today, it is home to four of the 10 largest companies in the world based on market capitalization. You can register a business in California in any sector including the four largest sectors, which are trade and transportation, financial services, manufacturing, education and health services. A quarter of the state’s economy is dependent on trade and international commerce while professional and business services have added a real value of $391 billion to the gross domestic product (GDP) of California in 2019 followed by information and technology at $326.81 billion. One of the popular sectors to incorporate in California is the manufacturing industry. The total output from the manufacturing industry was $316.76 billion in 2018 and this sector accounts for 10.67% of the output in the state. The future outlook of the state’s economy looks positive in recent times with an increase in distribution of technology, goods, and higher home sales.
  • Small Business Networking Opportunities: When you start a business in California; one of the important factors determining the overall growth of your small business will be the networking opportunities that you can leverage or benefit from. Building relationships is one of the key factors critical to business success and California provides just the right platform as it hosts large trade shows as well as conferences like Oracle OpenWorld and Dreamforce.
  • Investors and VC: One of the important reasons for entrepreneurs to start a business in California is the availability of investors and venture capital firms. Every startup or small business has a startup cost and requires funds not only for enabling growth but also for achieving long-term sustainability. If you are applying for a California business license in the IT industry or in any other industry then innovators as well as entrepreneurs will have access to mentors, investors, and education. Startups and seed or growth stage businesses can benefit from seed funding provided by investors and ranging from $1 million to $100 million or even more.

As a new business; California definitely provides an advantageous edge to potential startups and small business owners. The state also offers several business incentives including tax credits and financial incentives that will help entrepreneurs to start a business in California.

Steps to start a business in California

Entrepreneurs and small business owners prefer to register a business in California as the state offers a multitude of benefits and advantages. The California Office of the Small Business Advocate (CalOSBA) also provides strong support to entrepreneurs through their economic growth and innovation programs. The “Golden State” is home to publicly traded companies and billion dollar organizations including Concentrix, Intel, GAP, Apple, Taco Bell, The Walt Disney Company, PORAC, Cisco Systems, Hewlett Packard Enterprise, Chevron, HP, Seagate Technology, Qualcomm, and Mattel among others. The Silicon Valley startup ecosystem is home to some of the largest IT companies and is considered one of its kind in the world. If you are planning to hire a California registered agent and incorporate your new business or startup in the state then the following steps would help you to identify all your important business requirements.

1. Prepare a California Business Plan

One of the important aspects to consider before you start a business in California is creating a good business plan that takes into account your financial, sales, marketing, advertising, competition, business cost, targeted customer base, and long-term business objectives. It is an important strategic tool that every entrepreneur needs to work on as a good business plan will help you understand your market and create strategies based on the existing market conditions while ensuring your business ideas are launched successfully. According to Benjamin Franklin, “If you fail to plan, you are planning to fail”, and this also stands true for business plans. Some of the reasons why a business plan is important for entrepreneurs are as follows:

  • A business plan will provide you with an insight into the business itself by helping you focus on each area of the business right from applying for a loan to fulfilling state requirements like hiring a California registered agent or helping you identify your customer demographics, target market, distribution methods, and competition.
  • A good business plan will help you identify potential weaknesses and even address various issues, problems or bottlenecks that you may face while trying to incorporate in California or operate the business in any jurisdiction of California
  • A business plan will force you to be more realistic and enable you to communicate your startup idea with stakeholders. It can also be used to secure investment capital from lenders or various financial institutions.

So, what does a good business plan include? In order to start a business in California, your business plan should ideally include the following components:

  • Executive Summary/Company Description
  • Market Analysis and Competitive Analysis
  • Business Structure, Management and Organization
  • Products and Services
  • Marketing Plan and Sales Strategy
  • Financial Plan
  • Future Projections

2. Attend Entrepreneurial Training or Development Programs in California

One of the areas to focus on prior to or after you register a business in California is to enroll for Entrepreneurial Training or Development Programs in the state. Entrepreneurial Training or Development Programs are primarily targeted at mostly first time entrepreneurs who don’t have any form of previous entrepreneurship or business training. Such programs cover three important variables, which are location of the business, target group or audience and the enterprise. They help in development of entrepreneurial abilities and key skill sets required for running a business right from the incorporation stage to the operational stage. These training programs are also available as a part of the Silicon Valley startup ecosystem and impart knowledge on:

  • Entrepreneurial Skills and Mindset
  • Assessment of Business Ideas
  • Financial Planning and Forecasting
  • Accounting and Financial Management
  • Legal and Personnel
  • Business Planning, Finance and Exit Strategy
  • Operations Planning
  • Market Research

If you register a business in California then there are several entrepreneur support programs to choose from in the state like the following:

  • The iHub Program: If you incorporate in California then you can leverage the iHub program. The program consists of 16 Innovation Hubs or iHubs stretching from Redding to San Diego and they feature a variety of assets like technology incubators, research parks, and universities for providing a strong innovative platform for first time entrepreneurs and startups.
  • Entrepreneurial Training Programs: A variety of programs offered in different counties, cities, and universities. Programs are being offered by the city of Los Angeles Community Development Department, Vermont Slauson Economic Development Corporation, Lloyd Greif Center for Entrepreneurial Studies etc.
  • Small Business Development Centers: After you incorporate in California, you can benefit from the programs offered by the Small Business Development Centers. These centers are located across the state and focus on providing comprehensive business assistance through one-on-one consulting as well as low-cost entrepreneurship workshops.

3. Choose a Business Structure for California Business

If you want to start a business in California, you will need to first choose a proper business structure. According to the California secretary of state, there are different business structures that you can choose from and they are:

One of the important aspects of forming a new business in the state is the business structure. Each business structure has its own pros and cons but the three important aspects that every business owner should consider before they incorporate in California are:

  • Risk factor: Each type of business structure has its own level of risk and as a new business owner; you should always focus on ensuring the risk is minimal. You can form a business corporation or a limited liability company (LLC) as they provide protection to personal property of the owner from a business creditor.
  • Tax Structure: The tax structure is one of the most important aspects that an entrepreneur has to consider before they register a business in California. Most often than not, new business owners opt to go with a business structure that is considered a “pass through entity” like sole partnerships, proprietorships, and LLCs.
  • Complexity of a structure: If you ask any California registered agent they will say that almost 75% of small businesses in the state and the nation operate as sole proprietorships because there is less paperwork and annual maintenance cost is also lower compared to other states.

These are some of the considerations you have to make so that you are able to make an informed choice regarding a business structure.

4. Naming Your California Business

If you are planning to start a business in California then one of the important prerequisites as mentioned by the office of the California secretary of state is a business name. A business name is integral to each and every business as your company can be distinguished from any other company on the basis of the name. The business name can also be related to the brand message as well as the product or services you are planning to offer. The right business name is the key to making a successful business or breaking a business from a marketing or advertising point of view. A business name can be related to the product or service you are offering, it can be emotional, or it can be abstract but it is important to remember that the name will also create first impressions with prospective customers.

The California secretary of state specifies that a business name should be distinguishable in their records from any other business name and it should not mislead the public. Depending on the type of business structure, you can use words or abbreviations. For example if you plan to start a business in California as a limited-liability company then you can use words like Limited Liability Company or abbreviations like LLC or L.L.C. The California Business Code will be applicable depending on the type of business structure. For instance, the business name for a corporation is governed by CA Corp Code § 201 (2016).

Once you have identified a business name, you will have to check for availability or conduct a business name search with the California secretary of state. If it is available, you can reserve it for a period of 60 days.

5. Choose Your Location for California Business

If you are planning to start a business in California, you have to identify or choose a location? First time entrepreneurs often wonder if location is really important and the truth is that location can play a decisive role in determining the long-term success and sustainability of your business. A location is considered to be an integral part of the strategic plan. It is important to note that certain locations in the state have been projected as the best places for specific business activities. For example, Southern California is home to the film industry while Napa Valley is considered a wine country. Some of the top locations where you can incorporate in California are:

  • Palo Alto: The city is associated with startups and entrepreneurship and is situated in the heart of the Silicon Valley startup ecosystem hugging the southern San Francisco Bay Area. It is home to big companies like Nest, Ideo, HP, Tesla, Palantir, and VMWare.
  • Los Angeles: Los Angeles County is known to have one of the most dynamic economies in the world and hence is popular among entrepreneurs who want to start a business in California. LA County is home to a rapidly growing, fast-paced high-tech industry, a strong advanced transportation and aerospace industry, and the largest manufacturing base and international trade industry in the nation.
  • Orange County: It is the 6th largest county in the nation and is considered as one of the top economic locations in the world thanks to its proximity to San Diego County, Los Angeles County, San Bernardino County, and Riverside County. It has the lowest unemployment rate in Southern California and is a highly diverse tech-county with 16 high-tech industries based out of this county making it popular for first time business owners to register a business in California.

Some of the other top cities and counties where you can register businesses in California include San Jose, San Francisco, Chula Vista, San Diego, Irvine, Long Beach, Bakersfield, and Sacramento. You can incorporate in California in any of these locations but you need to consider the following to ensure you choose the right location for your business.

  • Real estate cost and availability of office space
  • Overall business environment
  • Availability of business or startup resources
  • Attracting talent and retention
  • Transportation and logistics
  • Accessibility to your target audience or consumers
  • Ease of obtaining California business license

If you would like help deciding on a location for your business, contact the California Business Investment Services unit of the Governor’s Office of Economic Development (GO-Biz). The California Business Investment Services unit provides tailored site selection services for businesses, real–estate executives, and site selection consultants.

6. Register Your Business with California Secretary of State

You have an innovation or an idea but how do you ensure it reaches the targeted audience in California? The option is to start a business in California. The process of new business formation or incorporation can vary from one state to another and from one business entity type to another. If you were to form a professional corporation in California then you will be required to file the Articles of Incorporation of a Professional Corporation pursuant to CA Corp Code § 200.5 (2018). If you were to form a limited-liability company then filing of Articles of Organization pursuant to CA Corp Code § 17702.01 (2017) is necessary. The new business formation documents have to be filed along with a Submission Cover Sheet and the prescribed fee with the office of the California secretary of state.

One of the most reliable California registered agents like IncParadise can help you register a business in California or help you with incorporation. We have a team of experienced and professional business formation experts who can provide you with the required guidance. The benefit of using experts like us is that it will help entrepreneurs save time and valuable resources.

Do you want to start a new business in California?

7. Get Your EIN

An Employer Identification Number (EIN) is one of the initial requirements if you intend to start a business in California. It is a nine-digit unique identification number that is issued by the IRS to specific business entities like a limited liability company with multiple members or business corporations. The purpose of an Employer Identification Number is to enable tax administration and businesses can use this number to file their annual tax returns. Your business may or may not require an EIN. If you want to know if your business requires an EIN or not then IncParadise as a professional California registered agent will not only provide relevant information but also guide you through the application process for an EIN. The Employer Identification Number for your California business can also be used for opening a business bank account, filing taxes, getting financing or applying for loans, and also for handling employee payroll wherever applicable.

8. Open a Business Bank Account for California Business

Entrepreneurs planning to register businesses in California may feel that there is probably no need for a business bank account especially if it is a single owner business. As a matter of fact, having a business bank account can be quite beneficial. Some of the benefits include:

  • Your business account and business assets will remain separate from your personal assets
  • Your business records will be much more organized
  • Your business bank account will ensure you are able to file taxes accurately, which would be difficult and confusing if your business and personal transactions were connected to a single account
  • You will be able to set up a credit acceptance system and a merchant account using your business bank account to accept cash and credit card transactions
  • A business account helps in improving the image of your company and makes it look professional.

You can apply for a business bank account before or after you incorporate in California.

9. Obtain the Necessary California General Business License and Permits

You can start a business in California but to make it operational, you will need a business license. Most businesses operating in the state will need to apply for and obtain a license or a permit to conduct their business. It is important to first understand that a California business license can be categorized under:

  • General Business Licenses: A general California business license is required by most business owners planning to conduct their business in a city where the business is located. A business license is also known as a business tax certificate in certain cities and if you start a business in California in an unincorporated section of the state then you will be required to obtain your business license or tax certificate according to the county. It is also important to note that if you are planning to operate your business in multiple locations then you may be required to obtain a business license in each of those locations.
  • Licensing for Regulated Industries: When you register a business in California, depending on the location and the business activity; your company may be required to apply for additional licensing that is covered under “Licensing for Regulated Industries”.

The Department of Consumers Affairs (DCA) is responsible for administering California business licenses in almost 280 different license categories and these include registrations, certificates, and permits.

The entire process of identifying the right California business license or business tax certificate may look complex and you may even require multiple licenses. We at IncParadise have a “Business License Research Report” service that can benefit you immensely as it provides comprehensive filing instructions, filing fee, list of supporting documents for all business licenses and permits in California.

10. Register for Taxes

If you start a business in California as a corporation or as a limited-liability company then it will be subject to a state income tax and hence it is important to register for taxes. California has both state level taxes and local taxes. There are 4 agencies that govern state taxes and they are:

  • California Franchise Tax Board (FTB): FTB is responsible for handling state income and business taxes if you incorporate in California
  • California Department of Tax and Fee Administration (CDTFA): CDTFA is responsible for handling sales and use tax
  • California Employment Development Department (EDD): EDD is responsible for handling payroll taxes
  • California State Board of Equalization: They are responsible for handling alcoholic beverage tax, property tax etc.

The type of taxes you have to pay will depend on several factors. Some of these factors are the business structure, the location of your company, the industry or business activity, and the mode of revenue generation.

11. Annual and Ongoing Requirements

Once you register a business in California, there are certain annual and ongoing maintenance requirements that you will be required to fulfill. Some of the annual requirements after you incorporate in California are:

  • Statement of Information: One of the most important annual requirements for most business types is the “Statement of Information”. This statement has to be filed with the California Secretary of State and has to be filed within 90 days after filing the documents for new business formation or incorporation. Once filed, additional statements of information will be due every 2 years pursuant to Section 17702.09 for LLC’s and Section 1502 for corporations.
  • Minimum Tax Requirement: Business entities like corporations, limited-liability companies, and partners or a member in a pass-through entity will be required to pay a minimum tax of $800 to the California Franchise Tax Board (FTB) each year in accordance with FTB Publication 1060.
  • DBA: If you register a business in California using a fictitious business name or DBA then it will be valid for a period of 5 years unless you change it. In such a scenario, you will need to register a new name. If you keep the DBA, then it has to be renewed

Form a new business in California to enjoy the many advantages!

Some Important Quick Resources for California Business

The good news is that you can start a business in California but the most important aspect is to find the right resources and guidance that will enable you to achieve growth and success. Each business is unique in its own way and hence the need for resources may also vary depending on their primary business activity. At the same time, you need to be also equipped with skills and knowledge to help you operate the business smoothly. The question is where do you find relevant resources and meaningful guidance if you incorporate in California? To help you answer this, we have created a list of resources relevant to new businesses, entrepreneurs, and startups.

California Secretary of State

The office of the California Secretary of State handles several aspects of governance including formation of new businesses in the state. The Secretary of State has a website that provides comprehensive information and business related resources that will help you determine the documents you need to file to register a business in California. They also provide online and offline filing of business related documents like reservation of a business name, statement of information and business entity search. You will also find information pertaining to fees for filing different documents and guidance towards business document submission in the filing tips section. The contact information for California Secretary of State is:

  • California Secretary of State
    1500 11th Street, Sacramento, CA 95814
    P.O. Box 944260, Sacramento, CA 94244-2600
    Phone: (916) 657–5448
    Website – https://www.sos.ca.gov/

State of California Franchise Tax Board

The California Franchise Tax Board (FTB) is a division of the California Government Operations Agency and is responsible for collection of state personal income tax. FTB also levies a franchise tax on any business operating in the state and hence if you incorporate in California, the franchise tax will be filed with this department. You can make a payment, check your refund status, and download relevant tax forms from the website. You can also benefit from their Taxpayer Advocate Services, Executive Services, and Small Business Liaison. The contact information for California Franchise Tax Board is:

California Tax Service Centre

The California Tax Service Centre is sponsored by the California Fed State Partnership and they have partnerships with tax agencies like Franchise Tax Board, California Department of Tax and Fee Administration, Board of Equalization, Internal Revenue Service, and Employment Development Department. If you start a business in California then you can file Payroll Taxes and Sales and Use Tax with this department. You can also download information pertaining to different types of taxes including Income Tax, Payroll Tax, Sales and Use Tax, Property Taxes, and other Special Taxes and Fees. The contact information is:

  • California Tax Service Centre
    PO Box 942840
    Sacramento, CA 94240-0040
    Phone: 1-800-338-0505
    Website: https://www.taxes.ca.gov/

Governor’s Office of Business and Economic Development

The Governor’s Office of Business and Economic Development (GO-Biz) has several job responsibilities including promotion of job growth, business assistance efforts, and economic development. GO-Biz also offers individuals and businesses a no cost consultation in a variety of areas like regulatory or permitting compliance, exports and foreign direct investment, and regulatory or permitting compliance assistance among others. When you incorporate in California you can benefit from different types of programs they offer for entrepreneurs like the California Small Business COVID-19 Relief Grant Program, Get Digital CA!, and Entrepreneurship Task Force. The contact information is:

  • Governor’s Office of Business and Economic Development (GO-Biz)
    1325 J Street, Suite 1800
    Sacramento, CA 95814
    Phone: 1-877-345-4633
    Website: https://business.ca.gov/

Labor and Workforce Development Agency

The California Labor & Workforce Development Agency (LWDA) is responsible for coordinating workforce programs. The California LWDA also oversees the working of major departments, panels, and boards that are driven towards serving California businesses and workers by improving their access to training programs and employment. If you register a business in California, you can benefit from the comprehensive information they provide related to various aspects of labor and business like Workplace Safety and Health, Labor Laws, Workers’ Compensation, Payroll Tax Obligations, and other additional resources. The contact information is:

Department of Consumer Affairs

The California Department of Consumer Affairs (DCA) is an integral part of the California Business, Consumer Services, and Housing Agency. DCA is responsible for licensing or certifying practitioners in over 255 professions. The department also plays the role of a licensing regulator and an educator. They also provide comprehensive information related to several aspects of business and consumer requirements like Regulation Procedures, California business license for professionals, Consumer Assistance Booklet, Certified Arbitration Program, and Consumer guides to various businesses etc. The contact information is:

  • Department of Consumer Affairs
    Consumer Information Center
    1625 North Market Blvd., Suite N 112
    Sacramento, CA 95834
    Phone: (800) 952-5210
    Email: dca@dca.ca.gov
    Website: https://www.dca.ca.gov/

CalGOLD (The Gold Standard For Permit Assistance)

CalGOLD is an initiative as a part of the Governor’s Office of Business and Economic Development (GO-Biz) to help businesses and entrepreneurs find appropriate permit information. If you are unsure regarding the California business license or permit your business requires then the CalGOLD Business Permit System will be able to address your queries. If you are planning to start a business in California then you can check the FAQs section and conduct a search based on permits and licenses or forms and fees on their website. The contact information is:

California State Treasurer’s Office

The California State Treasurer’s Office is primarily responsible for finance and investment in the state. If you start a business in California then you can find information on their website pertaining to Treasurer’s Office Programs. Some of the top programs include the Local Agency Investment Fund (LAIF) program, California Hub for Energy Efficiency Financing Pilot Programs, Small Business Energy Efficiency Financing Program, Sales and Use Tax Exclusion (STE) Program, California Tax Credit Allocation Committee (CTCAC) programs, California Educational Facilities Authority’s (CEFA’s) Bond Financing Program, and Time Deposit Program among others. The contact information is:

Ready to start business in California?

California is favored by entrepreneurs, startups, and small businesses as the state provides a robust infrastructure and business incentive programs that will help you to start a business in California.

Of course, the formation or incorporation process for different types of businesses will be different and that is where IncParadise can provide you with guidance and support. We are an expert registered agent and incorporation service provider in California. We have already helped thousands of individuals and entrepreneurs to start their limited liability company or professional corporation.

We will not only provide assistance towards helping you register a business in California but as one of the reputable California registered agents, we also provide a plethora of additional services like EIN assistance, foreign qualification, California certificate of good standing, and EDGAR filing among others.

IncParadise can assist you with new business formation in California!