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How to Pay the $800 Minimum Franchise Tax

Hannah Nadi

What is the $800 Minimum Franchise Tax?

In some jurisdictions, such as California, firms operating inside its borders are required to pay a minimum franchise tax of $800 per year. Corporations must pay the state at least $800 or more, based on the corporation's net income to satisfy the tax statute. Regardless of the income, amount of activity, or profitability during the tax year, corporations, limited liability companies (LLCs), limited partnerships (LPs), and limited liability partnerships (LLPs) are all subject to the taxation.

Even if a company doesn't make a considerable profit, this tax ensures companies support state infrastructure and resources. Startups and smaller businesses typically pay the minimum during their first few years of operation. For instance, in California, LLCs must pay the $800 minimum tax and an extra LLC fee if their total income surpasses a specific threshold. Under specific circumstances, newly established corporations or LLCs may be eligible to waive the responsibility of paying the tax in their first year of business.

States rely on franchise taxation as a source of funding for public services like emergency response, transportation, and education. However, because the set fee can feel onerous during early development phases or financial difficulties, it has been a source of dispute for startups and smaller firms. Comprehending this tax is essential for financial planning and compliance when establishing or running a business organization in states where it is applicable. C-Corporations are taxed on their earnings when they are distributed as payments or when a shareholder sells stock, and they are generally taxed on their income. S-Corporations are generally subject to income tax, and whether or not payments are disbursed, shareholders pay taxes on their portion of the S corporation's taxable income.

How to Pay It

Depending on your business entity and the state in which it operates, there are a few simple processes involved in paying the $800 minimum franchise tax. Using California as an example, the following general guide is provided: verify your tax responsibilities and your entity type (corporation, LLC, etc.). In California, newly established businesses could be excused from the $800 minimum tax for the first year.

Here's a breakdown of the steps:

  1. Verify Tax Responsibilities: Determine your entity type (corporation, LLC, etc.) and confirm your tax obligations in your state.
  2. Save the Required Documents: Use the appropriate form for your entity type.
    • Corporations: Form 100 (California Corporation Franchise or Income Tax Return)
    • LLCs: Form 568 (if there are additional LLC fees) or Form 3522 (LLC Tax Voucher) for the minimal tax.
  3. Make Payment:
    • Online: Through the state's tax agency website (e.g., California Franchise Tax Board).
    • Payment Options: Direct bank account payments, credit card payments (with a service charge), or mailing a check or money order with your filled-out form.
  4. Meet the Deadline: Make your payment by the established deadline to avoid fines or interest. The $800 tax is payable by the 15th day of the fourth month following the start of the taxable year for the majority of organizations.

Need help navigating franchise taxes? Leap Brands offers expert advisory services to help you understand and manage your financial obligations. Contact us today to learn more about our franchise advisory services at leapbrands.io. We also specialize in franchise recruiting, M&A deals, marketing, and healthcare recruitment, including executive search recruitment.