California charges $70 to form an LLC; New Hampshire charges $100. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, New Hampshire runs about $2,100 less in total state fees than California. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

California imposes an entity-level annual tax on every LLC ($800 minimum). New Hampshire does not. For pass-through LLCs that would otherwise owe nothing at the state level, that minimum is the deciding line.

On speed, California typically clears standard online filings faster than New Hampshire. Both states offer expedited tiers at an additional cost for filers on tight timelines.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee
California $70
New Hampshire $100
California saves $30
Year 1 total estimate
California $980
New Hampshire $300
New Hampshire saves $680
Ongoing per year
California $910
New Hampshire $200
New Hampshire saves $710
3-year total
California $2,800
New Hampshire $700
New Hampshire saves $2,100

Key differences at a glance

  • California costs $30 less to form ($70 vs $100).
  • New Hampshire is $710 per year cheaper to maintain ($200 vs $910).
  • New Hampshire has no state individual income tax; pass-through LLC income flows to members without a state layer. The other state does tax at the member level.
  • California imposes an entity-level franchise or LLC tax that applies to pass-through LLCs. New Hampshire does not.
  • California requires LLCs to adopt a written operating agreement by statute. The other state treats it as recommended rather than required.

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only New Hampshire

  • No state income tax
  • No state sales tax
  • No entity-level franchise or LLC tax
  • Operating agreement not statutorily required

Both states

  • Online filing
  • Paid expedited tier
  • No publication requirement

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

California New Hampshire
Year 1
$980
$300
Year 2
$1,890
$500
Year 3
$2,800
$700

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario Year 1 Each year after 3-year total
You live in California, business operates there
No foreign LLC registration needed. You pay California fees only.
$980 $910 $2,800
You live in New Hampshire, business operates there
No foreign LLC registration needed. You pay New Hampshire fees only.
$300 $200 $700
Non-resident forming in California with operations elsewhere
You pay California's fees plus a typical home-state foreign LLC registration of about $200 per year.
$1,180 $1,110 $3,400
Non-resident forming in New Hampshire with operations elsewhere
You pay New Hampshire's fees plus a typical home-state foreign LLC registration of about $200 per year.
$500 $400 $1,300

California vs New Hampshire: full comparison

Dimension California New Hampshire
Online filing
Can you file the formation document online?
Yes Yes
Online approval time
Standard, non-expedited
8 business days 10 business days
Expedited option
Paid fast-track filing
$350 $25
Annual report
Required in addition to tax
Required, $20 Required, $100
State-imposed annual tax
Franchise, privilege, or LLC tax minimum
$800 minimum None
State income tax
On pass-through LLC income at member level
Yes No
Publication requirement
Newspaper publication after formation
No No
Operating agreement
Required by state statute
Required by statute Recommended, not required
Foreign LLC fee
Cost to register as a foreign LLC in this state
$70 $100
State sales tax
General statewide rate
7.3% None

Taxes in California and New Hampshire

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

California tax

$800 minimum annual tax (gross-receipts-tiered basis). State income tax applies to member-level pass-through income. Corporate rate 8.8%.

New Hampshire tax

No entity-level franchise tax on LLCs. No state income tax. Corporate rate 7.5%.

Ongoing compliance

The recurring filings each state requires after formation.

California

Annual report $20, due on your anniversary month. Registered agent required in California.

New Hampshire

Annual report $100, due 04/01 each year. Registered agent required in New Hampshire.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

California

  1. Check business-name availability on the California entity search.
  2. Appoint a registered agent with a physical California street address.
  3. File Articles of Organization (Form LLC-1) for $70.
  4. Wait for approval. Online typically 8 business days. Paid expedite from $350.
  5. Adopt a written operating agreement (statutorily required in California).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $20 when it comes due.

New Hampshire

  1. Check business-name availability on the New Hampshire entity search.
  2. Appoint a registered agent with a physical New Hampshire street address.
  3. File Certificate of Formation (Form LLC-1) for $100.
  4. Wait for approval. Online typically 10 business days. Paid expedite from $25.
  5. Adopt an operating agreement (recommended, not required by New Hampshire statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $100 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both California and New Hampshire (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in California or New Hampshire does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

California Secretary of State, Business Programs Division

Website
www.sos.ca.gov/business-programs/business-entities
Phone
(916) 653-6814
Mail
1500 11th Street, Sacramento, CA 95814
Hours
8:00 AM to 5:00 PM Pacific, Monday to Friday (excluding state holidays)

New Hampshire Secretary of State, Corporation Division

Website
www.sos.nh.gov/corporations-0
Phone
(603) 271-3246
Email
corporate@sos.nh.gov
Mail
Corporation Division, 107 North Main Street, Room 204, Concord, NH 03301-4989
Office
State House, 107 North Main Street, Room 204, Concord, NH 03301
Hours
8:00 AM to 4:30 PM Eastern, Monday to Friday

California Franchise Tax Board

Website
www.ftb.ca.gov
Phone
(800) 852-5711
Mail
Franchise Tax Board, P.O. Box 942857, Sacramento, CA 94257-0531
Office
9646 Butterfield Way, Sacramento, CA 95827
Hours
8:00 AM to 5:00 PM Pacific, Monday to Friday

New Hampshire Department of Revenue Administration

Website
www.revenue.nh.gov
Phone
(603) 230-5000
Mail
Governor Hugh Gallen State Office Park, 109 Pleasant Street (Medical and Surgical Building), Concord, NH 03301
Office
109 Pleasant Street, Concord, NH 03301
Hours
8:00 AM to 4:30 PM Eastern, Monday to Friday

Frequently Asked Questions

  • Is it cheaper to form an LLC in California or New Hampshire?

    California is cheaper at formation ($70) than New Hampshire ($100). Ongoing costs are also different: $910 vs $200 per year. Total over three years: $2,800 vs $700.

  • Can I form an LLC in California if I live in New Hampshire?

    Yes, but your New Hampshire business will almost certainly need to register as a foreign LLC in New Hampshire too, which means paying New Hampshire's foreign registration fee and any ongoing New Hampshire obligations on top of the California ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

  • How long does it take to form an LLC in California vs New Hampshire?

    California online: 8 business days; New Hampshire online: 10 business days. California offers paid expedite from $350. New Hampshire offers paid expedite from $25.

  • Which state has lower taxes for an LLC, California or New Hampshire?

    California: state income tax applies to member-level pass-through income, plus a $800 minimum entity-level tax. New Hampshire: no state income tax, no entity-level franchise or LLC tax.

  • Do both states require a registered agent?

    Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. California and New Hampshire both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

  • Do I need a written operating agreement in California or New Hampshire?

    California requires LLCs to adopt a written operating agreement by statute. New Hampshire treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.

  • Which state should I pick if I run an online business from home?

    Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in California or New Hampshire to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

More California and New Hampshire comparisons

Sources

  • Filing fee: bpd.cdn.sos.ca.gov/llc/forms/llc-1.pdf · verified April 21, 2026
    California Secretary of State Form LLC-1 Articles of Organization. Filing fee of $70 is printed on the form instructions. Cal. Gov. Code §12190 and §17702.01 authorize the fee.
  • Expedited filing: www.sos.ca.gov/business-programs/business-entities/service-options · verified April 21, 2026
    California Secretary of State offers preclearance and expedited filing services. Over-the-counter 24-hour expedited service is $350; same-day service is $750; 4-hour service is $500 for paper over-the-counter drop-off. Online bizfile filings are typically processed in a few business days without a separate expedite fee.
  • Annual report fee: www.sos.ca.gov/business-programs/business-entities/statements · verified April 21, 2026
    Statement of Information (Form LLC-12) for LLCs. $20 filing fee. First filing due within 90 days of formation, then biennially by the end of the formation-anniversary month. Cal. Corp. Code §17702.09.
  • Franchise tax: www.ftb.ca.gov/file/business/types/limited-liability-company/index.htm… · verified April 21, 2026
    California Franchise Tax Board LLC guidance. $800 annual minimum franchise tax under Cal. Rev. & Tax. Code §17941, due by the 15th day of the 4th month after the beginning of the tax year. Annual LLC fee under §17942 applies on total California-sourced income: $900/$2,500/$6,000/$11,790 for tiers starting at $250k, $500k, $1M, and $5M respectively.
  • Franchise tax: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum… · verified April 21, 2026
    Cal. Rev. & Tax. Code §17942 sets the gross-receipts LLC fee tiers. §17941 sets the $800 minimum franchise tax. Confirm current-year tier values on the FTB site before filing.
  • Operating agreement requirement: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum… · verified April 21, 2026
    Cal. Corp. Code §17701.02(s) defines 'operating agreement' and §17701.10 governs its scope; the California Revised Uniform Limited Liability Company Act (RULLCA) operates on the assumption that every LLC has an operating agreement (oral, written, or implied). Statute does not mandate a written, filed agreement, but the RULLCA regime is premised on one existing; California is widely characterized as an 'operating agreement required' state. Members rely on default statutory rules if no agreement is adopted.
  • Foreign LLC registration fee: bpd.cdn.sos.ca.gov/llc/forms/llc-5.pdf · verified April 21, 2026
    Form LLC-5 Application to Register a Foreign LLC. Filing fee $70. Foreign LLCs are subject to the same $800 annual franchise tax and Statement of Information requirements as domestic LLCs.
  • Publication requirement: www.sos.ca.gov/business-programs/business-entities/forms · verified April 21, 2026
    California does not require newspaper publication for LLC formation. Confirmed via absence of requirement in Cal. Corp. Code §17702.01 and the SoS LLC filing instructions.
  • Business name search: bizfileonline.sos.ca.gov/search/business · verified April 21, 2026
    California bizfile Online business search tool. Confirm name availability before filing Articles of Organization.
  • Sales tax rate: www.cdtfa.ca.gov/taxes-and-fees/sut-rates-description.htm · verified April 21, 2026
    California Department of Tax and Fee Administration: statewide base sales and use tax rate is 7.25% (6.00% state + 1.25% uniform local). Combined rates with district taxes range from 7.25% to over 10.75% in some jurisdictions.
  • Corporate income tax rate: www.ftb.ca.gov/file/business/types/corporations/index.html · verified April 21, 2026
    California corporate franchise tax rate is 8.84% on net income for C-corporations. Applies to LLCs electing C-corp treatment; otherwise LLCs flow through to member personal returns.
  • Filing fee: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-12/form_ll… · verified April 21, 2026
    New Hampshire Form LLC-1 Certificate of Formation: filing fee of $100 payable to State of New Hampshire. Online filing through NH QuickStart adds a $2 electronic processing surcharge (total $102). In-person walk-in filings carry an additional $25 expedite fee.
  • Expedited filing: sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees · verified April 21, 2026
    New Hampshire Secretary of State Corporation Division: expedited service is available in person in the Customer Lobby for an additional $25 fee, providing next business day processing. Not offered for standard online or mail filings. Recorded the $25 walk-in tier.
  • Annual report fee: www.sos.nh.gov/corporations-0/file-annual-report · verified April 21, 2026
    New Hampshire LLC annual report fee: $100 by mail or $102 online (includes $2 e-processing surcharge). Due April 1 each year. $50 late penalty applies if not filed by April 1. Filed through NH QuickStart.
  • Foreign LLC registration fee: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-11/form_fl… · verified April 21, 2026
    New Hampshire Form FLLC-1 Application for Foreign Limited Liability Company Registration: filing fee of $100. Matches the domestic Certificate of Formation fee.
  • Operating agreement requirement: law.justia.com/codes/new-hampshire/title-xxviii/chapter-304-c/section-… · verified April 21, 2026
    RSA 304-C:40 Form of Operating Agreement: an operating agreement may be written, oral, or implied by course of dealing or otherwise. New Hampshire does not require LLCs to adopt a written operating agreement. Recorded as not required.
  • Publication requirement: gc.nh.gov/rsa/html/nhtoc/nhtoc-xxviii-304-c.htm · verified April 21, 2026
    New Hampshire RSA Chapter 304-C contains no newspaper publication requirement for LLC formation. Not required.
  • Corporate income tax rate: www.revenue.nh.gov/taxes-glance/business-taxes · verified April 21, 2026
    New Hampshire Business Profits Tax (BPT) rate is 7.5% for taxable periods ending on or after December 31, 2023, and continuing for 2026 per NH DRA. This is the state's functional corporate income tax rate. Not combined with the 0.55% Business Enterprise Tax (BET), which is captured separately in taxes.notes per the playbook's maxCorporateRate = income-only rule.
  • Sales tax rate: www.revenue.nh.gov/ · verified April 21, 2026
    New Hampshire imposes no general state sales tax. A 9% Meals and Rooms (Rentals) Tax applies to prepared food, hotel lodging, and motor vehicle rentals, but no broad retail sales tax exists.
  • Business name search: quickstart.sos.nh.gov/online/BusinessInquire · verified April 21, 2026
    NH QuickStart Business Inquire portal. Use to confirm name availability before filing.
  • Online filing portal: quickstart.sos.nh.gov/online/Account/LandingPage · verified April 21, 2026
    NH QuickStart online business filing portal. Current published online processing time is 10 to 15 business days. Online submissions carry a $2 electronic processing surcharge on top of the $100 filing fee.
  • Certificate of Formation name: www.sos.nh.gov/sites/g/files/ehbemt561/files/documents/2023-12/form_ll… · verified April 21, 2026
    Mail-in paper form titled 'Certificate of Formation' (Form LLC-1), revised October 2018. Online filers complete the equivalent form through NH QuickStart.