Forms 100-ES are your corporate estimated tax payments for next year. The annual income/franchise tax for C corporations is the greater of 8.84% of the corporation's net income or $800 and is paid by filing Form 100. The annual income/franchise tax for S corporations is the greater of 1.5% of the corporation's net income or $800 and is paid by filing Form 100S.
Only LLCs (that have not elected to be taxed as a corporation) use Form 3522 to pay the annual tax. If the LLC fails to pay its annual tax by the 15th day of the 4th month after the beginning of the taxable year (fiscal year filers) or April 15th (calendar year filers), a late payment penalty plus interest will be assessed for failure to pay the annual LLC tax by the due date. The penalty and interest will be computed from the due date of the tax to the date of payment.
Form 3522 is a form used by LLCs in California to pay a business's annual tax of $800. All LLCs in the state are required to pay this annual tax to stay compliant and in good standing. When a new LLC is formed in California, it has four months from the date of its formation to pay this fee.
If a company has members who are not residents of California, it files Form FTB 3832. An LLC in California uses Form 3522 if the following applies:
- The Secretary of State has accepted the LLC's Articles of Organization
- The company does business in the state
- The Secretary of State has issued a Certificate of Registration to the business
All companies that do business in California and have its Articles of Organization on file with the office of the Secretary of State must pay an $800 annual tax. This fee is paid each taxable year (see dates above for fiscal vs. calendar year filers) until a company files a Certificate of Cancellation of Registration.
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