Skip to content

$800 minimum tax, the ABC test, daily overtime — and SaaS sales tax from 2027

Setting up a startup in California

California is where most startups hire their first remote employee, and its rules are stricter than the federal baseline at almost every turn: an $800 minimum franchise tax, the ABC test for contractors, daily overtime and final pay on the day someone is let go. It taxes corporations at 8.84%, does not follow federal QSBS or Section 174 amortization, and from January 1, 2027 it taxes SaaS.

Areas
6
Setup steps
8
Checked
October 13, 2026
California, raised. Point at a neighbor to compare; click to open its guide.

At a glance

Corporate tax
8.84%, $800 minimum
Tax on wages
1%–12.3%, +1% over $1M
Sales tax
7.25% + district taxes
Economic nexus
$500,000 in sales
Minimum wage
$16.90/hr
UI wage base
$7,000
New-employer UI rate
3.4%
Paid leave program
SDI 1.3% (no wage cap)
Annual report
Statement of Information, yearly, $25

2026 figures, each explained with its source on the area’s page. On top of the federal baseline.

Setup, in order

  1. Qualify with the Secretary of State

    Before doing business in California — typically the first California hire or office

    File a Statement and Designation by Foreign Corporation ($100) with a Delaware certificate of good standing on bizfile Online, then a Statement of Information ($25) within 90 days.

  2. Open an EDD employer account

    Within 15 days of paying more than $100 in wages in a calendar quarter

    Register for an employer payroll tax account with EDD; one account covers UI, ETT, SDI and state income tax withholding.

  3. Report new hires

    Within 20 days of each start-of-work date

    Report each new or rehired employee to the New Employee Registry on Form DE 34.

  4. Buy workers’ compensation coverage

    Before the first employee starts

    Workers’ compensation insurance is required for every California employee, through a licensed carrier or approved self-insurance.

  5. Set up CalSavers and notices

    With the first California employee

    Offer a qualified retirement plan or register for CalSavers; post the required notices and give each new hire the Labor Code 2810.5 wage notice.

  6. Start filing with the FTB

    15th day of the 4th month after the first California tax year

    Open the FTB account by filing Form 100 for the first year; the $800 minimum tax applies from the second taxable year, paid with the first estimate.

  7. Register with CDTFA

    Before the first taxable sale; for SaaS sellers with nexus, before Jan 1, 2027

    Register for a seller’s permit or a Certificate of Registration — Use Tax with CDTFA if you have California nexus and taxable sales, including SaaS from January 1, 2027.

  8. Register locally

    When an employee or office is in the city

    Register with the city where employees work: San Francisco, Los Angeles, Oakland, San Jose and most others require an annual business registration.

The six areas

Common questions

Does a Delaware C-corp that just qualified in California owe the $800 minimum?

Not in its first taxable year, if it newly incorporated or qualified in California: the FTB exempts that year from the minimum tax. It still owes 8.84% on any California income that year. From the second year on, the $800 minimum is due even at a loss, and it is paid with the first Form 100-ES installment on the 15th day of the 4th month.

Is SaaS taxable in California?

Not yet. Through 2026, remotely accessed prewritten software is outside California sales tax. SB 122, signed June 29, 2026, changes that on January 1, 2027: prewritten software transferred electronically or accessed remotely, which CDTFA says includes SaaS, becomes taxable. Custom software, “digital infrastructure” such as cloud platforms customers build on, and products used solely outside California are excluded.

Do we report contractors to California?

Through EDD, separately from the 1099. Within 20 days of paying an individual contractor $600, or signing a contract for $600 or more, you file Form DE 542 with EDD. California’s threshold stayed at $600 even though the federal 1099-NEC threshold rises to $2,000 for 2026.

When is the final paycheck due in California?

On the spot. An employee who is let go must be paid all wages, including accrued vacation, immediately at the time of termination. One who quits with at least 72 hours’ notice is paid on their last day; without notice, within 72 hours. Paying late triggers “waiting time” penalties under Labor Code section 203, which accrue as a day’s wages for each day the pay is late, so final pay is usually cut as a manual check on the last day.

Do we have to register a Delaware company in California?

If it is doing business in California, yes, and the FTB applies its own test regardless of whether you registered. Qualifying with the Secretary of State is a $100 filing. A corporation that transacts business in California without qualifying still owes FTB tax, can be penalized, and can’t bring a lawsuit in a California court until it qualifies.

Does California honor the federal QSBS exclusion?

No. California follows neither Section 1202 nor Section 1045, so a founder or employee who lives in California when they sell qualified small business stock pays California tax on the whole gain, at personal rates up to 12.3% plus the 1% Behavioral Health Services Tax on income over $1 million, even if the gain is excluded federally.

Works in your QuickBooks Online or Xero file

Want California handled?

Lopifi is building AI bookkeeping that keeps your books closed on US GAAP and tracks the California deadlines on this page, with a CPA review every quarter, for $200 a month. We’re not open yet.

$200/month when we open. No card now.

Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.