State taxes on the entity
Pass-through for the IRS isn't pass-through everywhere: California's $800 LLC tax and fee, and where the state rules live.
Federal pass-through status doesn't bind the states. Some tax the entity itself, whatever the IRS calls it. California is the example most founders meet: every LLC classified as a partnership or disregarded that does business in California, or is organized or registered there, owes an $800 annual tax — and on top of it a fee once its total California income reaches $250,000.
Corporations meet the same idea as a minimum franchise tax: California's corporation minimum, Delaware's franchise tax on every Delaware corporation, and other states' taxes on capital or gross receipts. Which states a company owes, and how its income is apportioned among them, is the compliance track's state income and franchise taxes lesson; each state's own figures are in the state guides.
Where this lesson's rules come from
The sources behind this lesson's requirements, by kind. Anything marked as a convention is ours, not the rule-maker's.
- State authority
- FTB Pub. 3556 LLC MEO (Rev. 09/2021), Annual Tax and LLC Fee (opens in a new tab)California's $800 LLC annual tax, and the LLC fee on total income of $250,000 or moreFree to read
The words this page teaches
Each links to its glossary definition, which also names the authority behind it and the components that render it.
- ApportionmentDividing a multistate business's taxable income among states by formula — historically property, payroll and sales; now in most states the sales factor aloneConvention
- Delaware franchise taxThe annual tax every Delaware corporation owes for the privilege of being incorporated there, whether or not it does business or makes money there — the lower of the authorized shares method and the assumed par value capital method, minimum $175 or $400, maximum $200,000, due with a $50 annual report by March 1 and prorated in the first year