Company Formation San Francisco Guide [2024]

Starting a business in San Francisco can seem daunting, but following a clear step-by-step process can make it easier. Below is a detailed guide covering business structure options, legal filings, permits, fees, and taxes involved in forming a company in San Francisco.

Table Of Contents
  1. 1. Choose the Right Business Structure
  2. 2. Registering Your Business Name
  3. 3. Registering with the California Secretary of State
  4. 4. Get the Required Business Permits and Licenses
  5. 5. Apply for an Employer Identification Number (EIN)
  6. 6. Open a Business Bank Account
  7. 7. File a Statement of Information
  8. 8. Fees and Taxes for Running Your Business
  9. 9. Ongoing Compliance Requirements
  10. 10. Additional Resources for Business Owners

1. Choose the Right Business Structure

Before you can officially register your company, you need to choose a legal structure that best fits your business needs. Common options include:

  • Sole Proprietorship: Easiest to set up, but the business owner is personally responsible for all debts and obligations.
  • Partnership: Similar to a sole proprietorship but shared between two or more owners. General and limited partnerships have different liability levels.
  • Limited Liability Company (LLC): Offers limited liability for owners (members) and is more flexible in management and taxes.
  • Corporation (C-Corp or S-Corp): Provides strong liability protection but has more regulatory requirements and may face double taxation in a C-Corp.

Pros and Cons of Each Structure

  • Sole Proprietorship: Simple setup, personal liability.
  • LLC: Liability protection, flexible tax options, slightly more filing paperwork.
  • Corporation: Protects owners from personal liability but has stricter regulations and possible double taxation.

For a deeper understanding of how each structure works, check out the Small Business Administration page: SBA Business Structures.

2. Registering Your Business Name

Once you decide on a business structure, the next step is naming your business. The name you choose must be unique within the state of California.

  • Check Name Availability: Before you register your business, search to ensure your desired name isn’t already taken.
  • File a Fictitious Business Name (DBA): If you plan to operate under a name different from your legal name (for sole proprietorships and partnerships), or your LLC or Corporation name, you must file a fictitious business name (DBA) with the San Francisco County Clerk.

3. Registering with the California Secretary of State

If you’re forming an LLC or a corporation, you’ll need to file formation documents with the California Secretary of State. Below are the forms you’ll need based on your business type:

  • Limited Liability Company (LLC): You need to file Articles of Organization (Form LLC-1), which officially registers your LLC with the state.
  • Corporation: You’ll file Articles of Incorporation (Form ARTS-GS) to register your corporation. You can choose to file as a C-Corp or S-Corp. For an S-Corp election, you’ll need to file Form 2553 with the IRS.

Filing Fees

  • LLC Filing Fee: $70
  • Corporation Filing Fee: $100

4. Get the Required Business Permits and Licenses

Regardless of your business structure, you will need specific permits and licenses to operate in San Francisco. Some are required at the city level, others at the state level.

  • Business Registration Certificate: Every business operating in San Francisco must register with the Office of the Treasurer & Tax Collector and obtain a Business Registration Certificate. Fees are based on your projected annual revenue.
  • Seller’s Permit: If you plan to sell tangible goods, you’ll need a Seller’s Permit from the California Department of Tax and Fee Administration (CDTFA). This permit allows you to collect sales tax on retail transactions.
  • Industry-Specific Permits: Some industries (like food services or health-related businesses) require special permits or licenses from other departments. For a comprehensive list of permits and licenses required in San Francisco, visit the San Francisco Business Portal.

5. Apply for an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is issued by the IRS and serves as a federal tax ID for your business. If your company has employees, operates as a corporation or LLC, or files separate taxes from the owner, you will need to apply for one.

6. Open a Business Bank Account

After getting your EIN, it’s a good idea to open a dedicated business bank account. Keeping personal and business finances separate is essential for managing expenses, protecting your personal assets, and simplifying tax preparation.

Most banks require the following to open a business account:

  • Articles of Incorporation or Organization
  • EIN
  • Business license or registration certificate

7. File a Statement of Information

In California, LLCs and corporations must file a Statement of Information with the Secretary of State within 90 days of registering their business. You will then need to file every year (for corporations) or every two years (for LLCs) to keep your business in good standing.

8. Fees and Taxes for Running Your Business

After your business is registered, you will need to be mindful of both one-time and recurring costs. Below are the most common fees and taxes:

  • LLC Formation Fee: $70
  • Corporation Formation Fee: $100
  • Annual Franchise Tax: Every LLC and corporation in California must pay an $800 annual franchise tax, regardless of whether the business earns income. This is paid to the California Franchise Tax Board.
  • San Francisco Business Registration Certificate Fee: Starts at $91 annually, but increases depending on your business’s annual revenue.
  • Sales Tax and Employment Taxes: If you have employees or sell goods, you’ll need to pay sales tax and employment taxes quarterly to the San Francisco Treasurer & Tax Collector.

9. Ongoing Compliance Requirements

Once your business is up and running, it’s essential to stay compliant with California and San Francisco regulations. Regular tasks include:

  • Filing Annual Reports: Corporations must file annual reports, while LLCs must file biennially.
  • Paying Taxes: As noted earlier, ensure you pay the annual franchise tax and file quarterly reports for sales and employment taxes.
  • Updating Licenses and Permits: Renew any licenses or permits that require it.

10. Additional Resources for Business Owners

This guide provides everything you need to know about forming a business in San Francisco, with all necessary links included. The following are a few more mentions of company formation in San Francisco to ensure adequate keyword usage:

  1. Company formation in San Francisco starts with choosing a business structure.
  2. The process of company formation in San Francisco involves filing with the Secretary of State.
  3. Ensure all requirements are met for company formation in San Francisco to avoid fines.
  4. You can get assistance with company formation in San Francisco through local business resources.
  5. The fees associated with company formation in San Francisco are reasonable compared to other cities.
  6. Company formation in San Francisco requires specific permits based on the type of business.
  7. For foreign entities, company formation in San Francisco includes additional steps.
  8. Understanding local laws is crucial for company formation in San Francisco.
  9. Many resources exist for company formation in San Francisco, including legal assistance.
  10. Taxes are an important consideration in company formation in San Francisco.

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