2017 Form 3537 - Payment for Automatic ... - Franchise Tax Board-2025

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From 2020-2023, California Assembly Bill 85 (AB85) waived the first years $800 Annual Franchise Tax payment for new California LLCs. Unfortunately, AB85 expired at the end of 2023. Now, every California LLC must pay the $800 Annual Franchise Tax every year.
Use form FTB 3537, Payment for Automatic Extension for LLCs, only if both of the following apply: The LLC cannot file Form 568 by the original due date. NCNR members tax is owed for 2024. Do not use form FTB 3537 if you are paying the LLC estimated fee for the subsequent taxable year.
The instructions for Form FTB 3537, Payment for Automatic Extension for LLCs, says to use the form when nonconsenting nonresident (NCNR) members tax is owed, which does not apply to single member LLCs.
Every LLC that is doing business or organized in California must pay an annual tax of $800. This yearly tax will be due, even if you are not conducting business, until you cancel your LLC. You have until the 15th day of the 4th month from the date you file with the SOS to pay your first-year annual tax.
FTB offers a variety of payment options including direct pay from your back account via our Web Pay service (free), online credit card payments (subject to fees), and payment plans for eligible taxpayers (subject to fees).
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For tax years beginning on or after January 1, 2021, and before January 1, 2024, LLCs that organize, register, or file with the Secretary of State to do business in California are not subject to the annual tax of $800 for their first tax year.
To avoid the California LLC Fee, avoid having your California LLC taxed as either a disregarded entity or a partnership by electing to have it taxed as an S-Corp or a C-Corp. LLCs that elect to be taxed as S-Corp or C-Corp in California receive relief from the California LLC Fee.
Failing to fulfill your California Franchise Tax obligations for two or more consecutive years will result in the suspension of your company. Moreover, if you neglect to pay the $800 fee for each year, you will incur penalties and interest charges, thus making the amount approximately $300 per year.

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