Single member LLC Business type

Overview

If your LLC has one owner, you’re a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as a SMLLC.

You are not disregarded for state purposes, even if you are for federal.

Open a SMLLC

To form a SMLLC, file Formation - Articles of Organization (Form LLC-1) with the California Secretary of State.

Filing requirements

SMLLCs have the same filing requirements as an LLC.

Owned by a pass-through entity

If your SMLLC is owned by an:

  • S corporation
  • Partnership

Then your return is due on the 15th day of the 3rd month at the close of your taxable year.

Exceptions to the first year annual tax

A SMLLC is not subject to the annual tax and fee if both of the following are true:

  • They did not conduct any business in California during the tax year
  • Their tax year was 15 days or fewer

Apportionment and allocation

A trade or business with income within and outside of California may be subject to California apportionment and allocation rules. Visit apportionment and allocation for more information.