Minimum Franchise Tax, Corporations and S-Corporations (2024)

How do I get the California franchise tax to calculate for corporations and S corps? Is there a minimum franchise tax?

Initial Returns

There is no minimum franchise tax for newly formed or qualified corporations filing an initial return for taxable years beginning on or after January 1, 2000.For the first taxable year, the corporation computes its tax liability by multiplying its state net income by the appropriate tax rate and is not subject to the Minimum Franchise Tax. To indicate an initial or first year, on screen 1 of the federal return, select

  • the Initial return option for a corporation
  • or the First year as an S corporation option for an S corporation

Overrides are available on CA screen 100 for a corporation or100Sfor an S corp. There you can check the boxNot Subject to $800 Minimum Franchise Tax orForce $800 Minimum Franchise Tax.

All Other CA Corporations/S-corporations

California corporations and S-corps are generally subject CA franchise tax.The California Minimum Franchise Tax of $800 will be automatically calculated for applicable corporate and S corp returnson CA Form 100, page 2, line 23 or CA Form 100S, page 2, line 21.

The amount due for the current return can be paid via the PMT screen or with voucher CA 3586-V.

California estimates tax vouchers for the $800 minimum are produced by making the following entries on the federal ES screen:

  • State/City: CA
  • Type: blank (no entry)
  • ES code: X

By default, per CA guidelines, three estimated tax vouchers are produced for quarters 1, 2, and 4 (see note 410). If the business is subject to the minimum franchise tax, amounts will be as follows:

  • 1st quarter is 30% or $240 printed on CA100ES
  • 2nd quarter is 40% or $320printed onCA100ES Pg 2
  • 3rd quarter is 0% or $0 (no voucher produced)
  • 4th quarter is 30% or $240printed onCA100ES Pg 4

If desired, use the ES screen to produce the full required payment on a single ES voucher by overriding all four voucher amounts.

If the $800 was pre-paid via estimates, use the ES screen to report the payment (choose St/City as CA and leave the Type blank). This will be carried to the CA 100, page 2, line 32 or the CA 100S, page 2, line 31.

See the CA 100S Instructionsand CA 100 Instructions for details.

On a scale of 1-5, please rate the helpfulness of this article

1 2 3 4 5


Not Helpful

Very Helpful

Optionally provide private feedback to help us improve this article...

Thank you for your feedback!

Next

Minimum Franchise Tax, Corporations and S-Corporations (2024)

FAQs

What is the minimum franchise tax in California for S corp? ›

All California LLCs or corporations that choose S Corp taxation must pay a 1.5% state franchise tax on their net income. This is paid by the business itself, not the LLC members or corporate shareholders. Also, all LLCs and S Corps must pay a minimum franchise tax of $800 annually, except for the first year.

What is the minimum for an S corp? ›

The annual tax for S corporations is the greater of 1.5% of the corporation's net income or $800.

What is the minimum corporate income tax in the US? ›

The Inflation Reduction Act created the CAMT, which imposes a 15% minimum tax on the adjusted financial statement income (AFSI) of large corporations for taxable years beginning after Dec. 31, 2022.

At what income is S Corp worth it? ›

Likewise, the more profit your business earns, the more you'll save. You need to earn at least $40,000 in profit for an S Corp to make sense, though. Otherwise, the costs of forming and running it exceeds the benefits of an S Corp.

Is it better to be an S Corp or LLC in California? ›

The Advantages of S Corps

The major difference that exists between a California S Corp and an LLC is the 1.5% S Corp tax and LLC fee. The 1.5% S Corp tax is based on the California net-taxable income, while the LLC fee is based on the California annual gross receipts.

What is the 2% rule for S corp? ›

(A 2-percent shareholder is someone who owns more than 2 percent of the outstanding stock of the corporation or stock possessing more than 2 percent of the total combined voting power of all stock of the corporation.)

Is there a minimum wage for S corp? ›

Is there a minimum salary for S Corp shareholder-employees? No — the IRS can't require a minimum salary for self-employed workers. The requirement only comes into play if you're paying distributions to shareholders.

Can I have an S corp with no income? ›

S Corp owners must file Form 1120-S, U.S. Income Tax Return for an S Corporation. Both C and S Corps follow the same guidelines for filing taxes with no income. If you had no income, you must file the corporation income tax return, regardless of whether you had expenses or not.

How do I avoid $800 LLC fees in California? ›

If you cancel your LLC within one year of organizing, you can file Short form cancellation (SOS Form LLC-4/8) with the SOS. Your LLC will not be subject to the annual $800 tax for its first tax year.

Can an S corp own an LLC? ›

An S corp can own an LLC. However, an LLC would generally not be able to own an S corp. An exception to this rule is if the LLC 1) is a single-member LLC that is treated as a disregarded entity for federal income tax purposes and 2) meets the eligibility requirements to be an S corporation shareholder.

What taxes does an S corp pay? ›

As a pass-through entity, one of the biggest tax advantages of the S corp business structure is that it avoids double-taxation, which means S corps don't have to pay taxes at the federal level the way C corps do. Instead, S corp profits are only taxed once, on the personal tax returns of individual shareholders.

How do you calculate minimum corporate income tax? ›

In the computation of MCIT, the gross income shall be divided by 12 months to get the average monthly gross income and apply the rate of 1% for the period January 1 to June 30, 2023, and 2% for the period July 1 to December 31, 2023. Please be guided accordingly.

What is the 15% US minimum corporate tax? ›

The 15% corporate alternative minimum tax, also known as the CAMT, is supposed to serve as a tax backstop for companies averaging at least $1 billion in financial-statement profits over three years.

Which US state has no corporate tax? ›

South Dakota and Wyoming are the only states that levy neither a corporate income nor gross receipts tax. Unlike a sales tax, a gross receipts tax is assessed on businesses and apply to business-to-business transactions in addition to final consumer purchases, leading to tax pyramiding. .

How much is a California S Corp franchise fee? ›

S corporations are subject to the annual $800 minimum franchise tax.

How much is the franchise tax in California? ›

The California Franchise Tax rates depend on your business's tax classification: C corporations: 8.84% S corporations: 1.5% Partnerships (such as LLCs, LPs, LLPs, LLLPs): $800.

Does LLC have to pay franchise tax in California? ›

However, LLCs doing business in California must pay an $800 annual franchise tax (though it's currently waived for the first year after formation for LLCs organized between 2021 and the end of 2023), and most LLCs also are required to pay a California total income fee starting at $900.

What is the tax status of an S Corp? ›

The S corp is available only to small businesses with 100 or fewer shareholders. It is an alternative to the limited liability company (LLC). Both S corps and LLCs are known as pass-through entities because they pay no corporate taxes. Instead, they pay their shareholders, who become responsible for the taxes due.

Top Articles
Latest Posts
Article information

Author: Kerri Lueilwitz

Last Updated:

Views: 5569

Rating: 4.7 / 5 (67 voted)

Reviews: 90% of readers found this page helpful

Author information

Name: Kerri Lueilwitz

Birthday: 1992-10-31

Address: Suite 878 3699 Chantelle Roads, Colebury, NC 68599

Phone: +6111989609516

Job: Chief Farming Manager

Hobby: Mycology, Stone skipping, Dowsing, Whittling, Taxidermy, Sand art, Roller skating

Introduction: My name is Kerri Lueilwitz, I am a courageous, gentle, quaint, thankful, outstanding, brave, vast person who loves writing and wants to share my knowledge and understanding with you.