Learn who files California Form 568, what it reports, and how the $800 annual tax, LLC fee, member schedules, and deadlines work.
California Form 568, Limited Liability Company Return of Income, is the state return generally used by an LLC that is taxed as a partnership or disregarded entity rather than as a corporation. It reports LLC activity, the $800 annual tax, any income-based LLC fee, member information, and certain California-source items.
An LLC that is not taxed as a corporation generally files Form 568 when it is organized in California, registered with the California Secretary of State, doing business in California, or receiving California-source income. This can include a single-member LLC disregarded for federal income tax and a multi-member LLC taxed as a partnership.
An LLC taxed as a C corporation generally files California Form 100. An LLC with a valid federal and California S-corporation classification generally files Form 100S. Entity classification should therefore be confirmed before selecting the return.
Some narrow exceptions apply, including certain nonregistered foreign LLCs whose California activity falls below statutory standards. Registration, business activity, source income, and the owner's return are separate facts; no single fact should be used as a universal filing test.
Form 568 can report:
A disregarded single-member LLC may still have a California Form 568 obligation even though its operating income appears directly on the owner's federal Schedule C, E, or F.
California generally imposes an $800 annual tax on an LLC doing business in California or organized or registered with the Secretary of State. The annual tax is generally prepaid by the 15th day of the fourth month of the LLC's taxable year using FTB 3522. For a calendar-year LLC, that is normally April 15, subject to weekend and holiday rules.
The tax can apply even when the LLC is inactive or loses money. It generally continues until the entity properly files final returns and cancellation documents. Limited exceptions exist, including a qualifying deployed-military-owner exemption. Never assume that stopping operations automatically closes the account.
The LLC fee is separate from the $800 annual tax. It is based on total annual income from California sources, not taxable profit. For 2025 returns, the fee schedule is:
| California annual income | LLC fee |
|---|---|
| $0–$249,999 | $0 |
| $250,000–$499,999 | $900 |
| $500,000–$999,999 | $2,500 |
| $1,000,000–$4,999,999 | $6,000 |
| $5,000,000 or more | $11,790 |
The LLC estimates and generally pays the fee by the 15th day of the sixth month using FTB 3536. A later balance remains due by the return's original due date. Because the fee uses gross-like California income rather than net profit, a low-margin business can owe a fee despite modest taxable income.
Assume Coastline Services LLC is a calendar-year, two-member California LLC with $620,000 of California annual income and $90,000 of net taxable income for 2025. The entity generally owes the $800 annual tax plus a $2,500 LLC fee because annual income falls within the $500,000–$999,999 band.
The $3,300 entity-level total does not replace the members' California tax. Each member also reports the member's distributive share from Schedule K-1 (568), subject to basis, loss, residency, sourcing, and other rules.
An LLC taxed as a partnership generally files by the 15th day of the third month after year-end. A disregarded single-member LLC generally follows the due date applicable to its owner's return. California may allow an automatic filing extension when the entity is in good standing, but an extension to file does not extend the deadlines for tax, fee, withholding, or other payments.
A multi-member LLC taxed as a partnership commonly files federal Form 1065 and California Form 568. The returns begin with related accounting information but are not interchangeable. California nonconformity, source rules, LLC fees, and state member schedules can create differences.
A disregarded LLC ordinarily does not file federal Form 1065, yet California can still require Form 568. This is one reason federal acceptance does not prove California compliance.
Keep the operating agreement, formation and registration records, federal return, general ledger, California-source sales records, payroll and property data, prior returns, payment confirmations, ownership changes, member addresses, and signed nonresident consents. Reconcile each voucher to the correct entity and tax year.
Heath Income Tax helps LLC owners reconcile federal and California classifications, annual tax, LLC fees, member reporting, and deadlines. Contact our Santa Maria office for California business-return assistance.
Does Form 568 mean the LLC owes income tax?
Not necessarily. It reports the annual tax and any LLC fee, while members generally pay income tax on pass-through items. Separate withholding or nonconsenting-member tax can also appear.
Does an inactive LLC file Form 568?
Often yes when it remains organized or registered in California. Proper cancellation is important.
Can an S corporation file Form 568?
An LLC taxed as an S corporation generally files Form 100S, not Form 568, for the corporate tax year.
Is the LLC fee based on profit?
No. It is based on total California annual income under the Form 568 rules.
The definitions and examples on this page are for informational purposes only and do not constitute tax advice. Tax laws change frequently and individual circumstances vary. Consult a qualified tax professional before making decisions based on this content.
Click a question or ask us your own.
Ask Us a Question
Message Sent!
Thank you — we'll get back to you as soon as possible.