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If you cancel your LLC within one year of organizing, you can file Short form cancellation (SOS Form LLC-4/8) with the SOS. Your LLC will not be subject to the annual $800 tax for its first tax year.
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.
The California legislature initially waived these formation fees to help encourage business growth for domestic and foreign LLCs, corporations, and limited partnerships.
LLCs must estimate and pay the annual fee by the 15th day of the 6th month of the current tax year (so, generally June 15th) with form FTB 3536. However the annual $800 tax is due by the 15th day of the 4th month after the beginning of the current tax year (so typically April 15th) with form FTB 3522.
Is the limited liability company fee deductible? Generally, the limited liability fee is considered a deductible ordinary and necessary business expense.
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Said another way, theres no way to avoid this fee. First-Year Tax Due: From 2021 to 2023 there was a first-year tax waiver called Assembly Bill 85 (AB85), but it expired. Since 2024, every California LLC is required to pay the first year Annual Franchise Tax.
A California LLC, like all entities in California, must pay the states annual Franchise Tax. This tax is $800 for all California LLCs. The annual Franchise Tax is due the 15th day of the fourth month after the beginning of the tax year. You must file Form 3522 (LLC Tax Voucher).

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