Setting up a small business in California requires navigating substantial initial costs due to several key factors. Real estate prices, particularly in cities like San Francisco, Los Angeles, and San Diego, are among the highest in the nation, making commercial lease rates a significant expense. Labor costs are also elevated, driven by the state's high minimum wage and a competitive job market. Additionally, California's regulatory environment entails various licensing fees and compliance costs that can add to the setup burden. Despite these high costs, California's vast and diverse market, coupled with its reputation for innovation and access to venture capital, presents substantial growth opportunities. Entrepreneurs can also benefit from state-sponsored programs and incentives aimed at supporting small businesses, though they must be prepared for the considerable financial investment required to establish a foothold in this dynamic economic landscape.
Costs associated with forming a business varies by business entity type and by state the business was formed in. We aim to cover here the basic costs specific to the state for starting a business. We also touch upon other costs in order to stay compliant and continue to doing business in the state, such as paying various state taxes or complying with local minimum wage laws when hiring in-state.
We cover in broad strokes the following costs:
There are several types of business structures you can choose from when forming your business. Which is best for your business depends on a variety of factors, like ownership in the business, taxation, and more.
No State Filing: There are two types of structures which can be automatically formed without any filing with the state. Sole proprietorship and general partnership falls into this category, and they are a popular form of self-employment.
Formed or Incorporated: Three most common business entities that require some formation or incorporation with the state are corporation, limited liability partnership (LLP), and limited liability company (LLC). Each structure has its own one-time formation or set-up cost.
California offers the basic entity types that businesses can choose from in any state when filing for a domestic entity setup: Corporation (for profit and nonprofit), LP, LLP, and LLC. There are additional variations for each of these entity types as well as other structures, such as cooperatives.
Licensed individuals can form a professional corporation, but professional LLCs are not allowed in California. LLCs may not provide professional services. Professional services include any type of services that require a license, certification, or registration. Appropriate corporate name endings include “Professional Corporation” or “PC.”
Domestic and foreign entities can be formed predominantly online at the BizFile system operated by California’s Secretary of State. Follow their Starting a Business Checklist to form an entity.
Across all US states, the average cost of formation is roughly $100 with some states costing as little as ~$50 to create a corporation and some as high as $500+ to form an LLC.
Here are the formation costs (up to date at the time of this writing) for three most common entity types for businesses filed with the state:
Franchise taxes are state fees that businesses pay in order to have the right to operate in those states. They are paid in addition to state and federal income taxes. Failure to file can cause a business to lose its good standing with the state, making it difficult to operate, get loans, and may cost the business clients if clients require this information.
Here are the franchise tax fees for each business entity structure in this state as of the time of this writing.
Taxes, taxes, and more taxes. Although income taxes may seem far off concern when starting a business, the truth is that not withholding enough for income taxes is a material cost to business owners. Here we briefly cover state income taxes. For a better overview of self-employment taxes, you can read more on Small Business Tax Planning.
Pass-Through Entities: Pass-through entities are boon to small business owners. A pass-through entity is a business structure where income passes directly to the owners or investors, and they report it on their personal tax returns. This allows the business to avoid paying corporate taxes, making it a more tax-efficient option for small businesses. This also makes filing taxes significantly simpler as only one return is needed.
By default, sole proprietorships, LLCs, and partnerships are considered pass-through entities. In the case of LLCs, LLCs are usually referred to as disregarded entities. However, owners can choose to get their LLC be recognized and treated differently for tax purposes with the IRS.
Corporate Income Tax: Most states (44 out of 50) levy a corporate income tax.
C-Corps pay a C-Corp state income tax rate. If the income tax is pass-through, as with S-Corps, use your personal income tax rate.
Limited Liability Companies: For LLCs, the tax rate depends on the how you set up the LLC business structure.
Business owners who sell goods or services within a state are typically required to collect and remit state sales tax. Each state has different rules regarding what is taxable, so it’s crucial to understand the state’s specific requirements. Most businesses aren't at significant risk of non-compliance with sales tax until they reach the state's economic nexus threshold.
Economic nexus refers to the threshold of sales or transactions in a state that, once exceeded, obligates a business to collect sales tax, even if they don't have a physical presence there. Once a business achieves economic nexus, they must register with the state’s tax authority and start collecting sales tax on applicable sales. Failing to comply with these requirements can result in penalties and back taxes. Economic nexus is particular important when it comes to online sales for e-commerce companies.
More information on local sales tax can be found here.
If you're considering hiring employees for in-person work, then knowing your state's employment laws are important.
One important to factor is knowing the local minimum wage, which varies depending on state and sometimes even by city or county. Note that in addition to the hourly rate, employers should also consider payroll taxes, workers’ compensation insurance, and potential benefits costs.
Here we just provide a review in the table below costs specific to the state, namely the state's specific minimum wage, any applicable exceptions to the minimum wage, and recurring payroll taxes.
*See more about California Franchise Tax here.
Review the Guide to Starting a Corporation in California when forming that type of entity. All entities can benefit from reviewing the Business Programs.
Cannabizfile assists in the formation of cannabis businesses in the state.
Business Entity Searches can be completed here.
Business names can be reserved for $60 days for a fee of $10 online.
Annual Reports can be submitted online via the BizFile system.
Certificates of Status (aka Good Standing) can be accessed online.
The idea of starting a business can be exciting, but the plethora of choices, jargon, and costs associated with the pure act of setting up a business with the state can be an unnecessarily daunting and time-consuming process.
Although this guide can't setup your business entity for you, it provides an overview so you can get a head start. We hope this article has sheds light on the essential costs involved and provides guidance on how to manage them effectively, setting you on a path towards entrepreneurial success.
DISCLAIMER: Information on this site is for educational purposes only. LeHerring LLC does not provide, legal, accounting, tax or investment advice. Although care has been taken in preparing the information provided to you, we are not responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future.
We cannot guarantee your success, nor are we responsible for any of your actions. Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot predict, and we do not guarantee, that you will attain a particular result.
AFFILIATES: From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products, and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products, or services for other partners. In exchange, we may receive financial compensation or other rewards.