Home › Guides › Business structure › S-corp tax in California and New York City

Business structure

S-Corp Tax in California and New York City

The short answer: California taxes S-corps 1.5% of net income, with an $800 minimum. An LLC already pays the $800 LLC tax, so for most small owners the S-corp election adds little state cost. New York City doesn't recognize S-corps and charges its 8.85% General Corporation Tax on the profit, which can wipe out most of the savings. In NYC, break-even with a $50,000 salary is about $84,000 of profit, not $66,000.

California

New York City

Savings compared (salary $50,000)

ProfitNo-tax stateCaliforniaNew York City
$80,000$2,012$2,012−$185
$100,000$4,838$4,838$871
$150,000$11,902$11,284$3,511
$200,000$18,942$17,574$6,126

Yearly savings after $1,600 of extra costs, 2026 federal rates. California assumes the LLC already pays the $800 tax. Leaves out state unemployment tax on salary and the California LLC fee above $250,000 of gross receipts.

Other states and cities

Most states follow the federal S-corp election with no extra entity tax. A few charge S-corps something: Illinois has a 1.5% replacement tax, and some cities tax business income (Philadelphia, San Francisco, Portland, Oregon). The S-corp savings calculator fills in rates for the 10 largest states and asks about NYC.

Next steps: how to elect S-corp and setting a reasonable salary. Back to the LLC vs. S-corp guide.

FAQ

What is California's S-corp tax rate?

1.5% of California net income, with an $800 minimum franchise tax each year.

Is an S-corp worth it in California?

Often, yes. Most small LLCs already pay California's $800 LLC tax, and the S-corp's 1.5% tax replaces it, so the federal payroll tax savings mostly remain.

Does NYC recognize S corporations?

No. New York City taxes S-corps under its General Corporation Tax at 8.85% of net income, which sharply reduces the savings.

Do I need a separate New York State S-corp election?

Yes. New York State requires its own election, Form CT-6, in addition to the federal Form 2553.

Sources: California FTB: S corporations · NYC General Corporation Tax for S-corps (summary) · IRS: self-employment tax. General information for planning, not tax, legal or financial advice.

Get the free Business Numbers Cheat Sheet

Break-even, startup cash, paying yourself, taxes, S-corp timing, borrowing and the true cost of a first hire. One page, with a free calculator for each.

Unsubscribe anytime. See our privacy policy.