How do you set up a company in California.
To register a company in California, you file formation documents with the California Secretary of State, then register with the state as an employer when you start paying people. Teamed's Global Entity & Employment Operations (GEMO) forms the company and keeps it running for you, and Teamed's EOR can hire for you before it exists. For companies forming their own entity in California, Teamed is the best choice. With Teamed, you get 24/5 human support with a first response within 15 minutes, service terms adjusted to suit you within reason, and one system from your first contractor to your tenth entity.
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At a glance
California entity setup at a glance
Forming a corporation or LLC in California means filing with the Secretary of State and paying a registration fee of $70 for an LLC or $100 for a corporation. After that, you carry a minimum franchise tax of $800 a year, a flat amount from the Franchise Tax Board that applies no matter how much the entity earns. Most companies also register separately for state payroll tax before they can legally run payroll. Teamed can either set this up and hand it to you, or skip the entity entirely and employ your team on your behalf through our EOR.
- Minimum franchise tax
- $800
- Franchise tax basis
- flat
- Formation / registration fee
- $70 (LLC) / $100 (corporation)
Formation
How you actually form the entity
California requires formation documents filed with the Secretary of State before you can legally employ anyone in the state. Teamed's GEMO, which covers incorporation, registrations, payroll-readiness and ongoing governance, can file them for you.
Formation is only the first step. You also need a registered agent for service of process, an EIN from the IRS, and ongoing state filings to keep the entity in good standing. Teamed keeps track of these so nothing lapses quietly while you're focused on hiring.
Ongoing tax
The franchise tax you can't avoid
California charges every corporation and LLC a minimum franchise tax of $800 a year, and the Franchise Tax Board applies it as a flat amount, not as a percentage tied to revenue or profit.
After a new corporation's first taxable year, this tax is due for as long as the entity exists in California, whether it employed one person or fifty. Factor it into your budget before you incorporate, because winding the entity down later does not erase tax owed for a year the entity was active.
Payroll and compliance
What running payroll in California actually involves
Once the entity exists, you still need to register separately for state payroll tax withholding and unemployment insurance before you can pay a single employee legally. California also has its own rules on wage statements, meal and rest breaks, and final pay timing that differ from federal defaults.
Teamed can run this compliance layer for you inside your own entity, or you can let us employ the team under our own California-registered entity while you decide whether a permanent presence makes sense.
The honest take
When an EOR beats an entity in California
If you're hiring one or two people to test the California market, or the headcount is still moving month to month, paying the franchise tax and running formation before you've proven the market rarely pays off yet.
Talk to a member of the team about your specific plan, and if you want to see the math for yourself, run it through the crossover calculator, since the right answer depends entirely on your entity costs and how long you intend to stay.
GEMO
When you're ready for your own California entity, Teamed's GEMO sets it up, manages it and moves your people across from Teamed's EOR. We run the same service across 100+ countries, so the process looks the same wherever you expand next.
Already have a company elsewhere
Registering an out-of-state or foreign company in California
A company formed in another state or another country does not need a second company to hire in California. It registers with the California Secretary of State as a foreign company before it starts doing business there, a step usually called foreign qualification.
California law sets the test for what counts as doing business in the state, and putting employees to work there on a regular basis will usually meet it. States give the filing different names, among them a certificate of authority and an application for registration.
In California, the filing is a Statement and Designation by Foreign Corporation. The California Secretary of State charges a corporation $100 to file it, according to its published fees. It does not cover the cost of a registered agent, or of a certificate of good standing from your home state if one is needed. An LLC formed elsewhere goes through a similar filing, and its fee can be different.
Foreign qualification does not make you an employer in the state. That is a separate registration with the state tax and unemployment insurance agencies, due by the state's own deadline, which usually falls at or soon after your first payroll there.
Your options
Who can set it up for you
Four kinds of help can register a company in California, and the right one depends on whether it will employ people.
You can file the formation documents yourself with the California Secretary of State. That suits a founder with no staff and the time to work through the forms.
A formation agent can register the company fast and for little money. That suits a company with no employees.
A law firm or corporate-services firm is the right call for complex group structures and tax planning, where the advice is worth more than the paperwork.
For companies that will employ people in California, Teamed is the best choice. With Teamed, you get a designated person who has done this before, real HR and legal experts you can reach when it matters and Ted, Teamed's AI agent, to answer questions from your live employment data. Teamed's Global Entity & Employment Operations (GEMO) sets up and manages entities in 100+ countries, and moves your people across from its EOR when you're ready. Teamed already owns an entity in the United States.
A solo founder with no staff is better served by the registry or a formation agent, either of which costs less.
Before you commit
Sometimes an employer of record is the better fit
An employer of record is sometimes the better answer in California, not a lesser one, especially for a small or still-changing headcount or when you're testing whether the market is worth the commitment. Talk to a member of the team about where you are, and use the crossover calculator to see the numbers for your own headcount and timeline.
Contractors, employer of record and your own entity all run on one platform at Teamed, so moving between them later does not mean changing provider or re-onboarding anybody. Real HR and legal experts handle the work rather than a ticket queue.
Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers yourself first, the crossover calculator models it on local entity setup and running costs rather than on a headcount rule of thumb.
Who carries it
Your own entity, when it's time. We set it up, move your people across, and keep it running.
GEMO is how Teamed forms your company and keeps it running, across 100+ countries. You stay the employer. We do the work behind it.
In California, GEMO covers incorporation, registrations, payroll-readiness and ongoing governance.
They set up our EU entity and moved hires across without missing a payroll.
Questions
California entity setup questions
Do I need a California entity to hire employees there?
Not necessarily. You can employ staff in California through an employer of record like Teamed without forming your own entity, which avoids the registration fee and the ongoing franchise tax until you're ready to commit.
How much is the California franchise tax?
California's Franchise Tax Board sets a minimum franchise tax of $800 a year for corporations and LLCs. It's a flat amount, not calculated as a percentage of revenue or profit, and it applies regardless of how the business performs.
What does it cost to register a business in California?
The California Secretary of State charges $70 to file an LLC's formation documents, or $100 for a corporation's. This is separate from the annual $800 minimum franchise tax you'll owe once the entity exists.
Can Teamed's EOR let me skip forming a California entity?
Yes. Teamed can employ your California team under our own registered entity, so you skip the formation fee and the franchise tax while you decide whether a permanent entity makes sense.
When should I switch from EOR to my own entity in California?
It depends on your headcount, the entity costs, and how long you plan to stay in the state, not on a fixed number of employees. Run the crossover calculator or talk to a member of the team to see where the franchise tax and formation costs start paying for themselves.
Where these figures come from
Sources
These figures come from the California Franchise Tax Board's Publication 1060 guide for corporations starting business and the California Secretary of State's business entity forms and fees schedule.
Looking for a job in California yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.
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