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Registered LDA #268 · San Jose · Santa Clara County
Business Formation in San Jose — protect your personal assets
As a sole proprietor, you and your business are the same person in the eyes of the law. One lawsuit, one unpaid supplier or one accident on a job can reach your savings, your car and the equity in your home. A California LLC or corporation puts a legal wall between the business and your family. We prepare and file it, with your EIN, for $600 — no hourly billing and no subscription.
In our San Jose office or remotely · English, Vietnamese and Cantonese · Spanish through our staff
- Name availability checked before filing
- Articles of Organization or Incorporation prepared and filed
- Federal EIN obtained from the IRS
- Initial Statement of Information filed
- Add-ons: Operating Agreement from $300 · Corporate Bylaws from $500 · S-Corp election $100
What does it cost to form an LLC or corporation in San Jose?
At TruPoint Legal, forming a California LLC or corporation costs $600, which includes preparing and filing the Articles with the California Secretary of State, obtaining the federal EIN and filing the initial Statement of Information. The state filing fee is separate: $70 for an LLC and $100 for a corporation. Every LLC and corporation also owes California’s $800 minimum franchise tax each year. An Operating Agreement or Corporate Bylaws can be added at formation. TruPoint is a registered Legal Document Assistant (LDA #268) in San Jose and prepares documents at your direction.
Why San Jose owners stop operating as sole proprietors
These are the problems that bring Santa Clara County business owners to our office.
Your home is on the line
A sole proprietor is personally responsible for every business debt and judgment. A properly formed and maintained LLC or corporation keeps business liabilities with the business.
You may be overpaying tax
Owners with steady profit often elect S-Corporation tax treatment so Social Security and Medicare tax applies to a reasonable salary instead of all profit — a difference that can reach thousands of dollars a year.
S-Corp formation →The bank keeps saying no
Business bank accounts, commercial leases, larger clients and lenders typically ask for filed Articles, an EIN and an operating agreement or bylaws before they say yes.
Your partner deal is a handshake
Without a written agreement, California default rules decide profit splits, buyouts and what happens when an owner leaves, divorces or dies.
Partnership agreement →Your rental is in your own name
A tenant’s claim on a property you own personally is a claim against you. An LLC only protects property that has been deeded into it.
LLC deed, $400 →The $800 tax catches people
California charges the $800 minimum franchise tax every year, whether or not the business earns money. Owners who form late in the year can owe two payments within a few months.
Choose the business formation service you need
You choose the entity and the documents; we prepare and file them at your direction. Each page explains what is included and the problems it prevents.
LLC Formation
Liability protection with pass-through taxation, for one owner or several. EIN included.
Form my LLC →C-Corporation
For founders issuing stock, bringing in investors or planning to raise capital. EIN included.
Incorporate my business →S-Corporation
An LLC or corporation with the IRS S election (Form 2553) to lower self-employment tax on steady profit.
Start my S-Corp →Partnership
General and limited partnerships, with a written agreement that protects each partner.
Protect my partnership →LLC Operating Agreement
The ownership and management rules banks ask for, added at formation or for an existing LLC.
Get my operating agreement →Corporate Bylaws
The internal rules every corporation needs for directors, officers, meetings and shares.
Get my bylaws →Shareholder Agreement
Buy-sell terms, share transfer limits and what happens when an owner leaves, dies or divorces.
Protect my shares →LLC & Corporation Deed
Moves your real property into the company so the protection actually covers it.
Deed property to my LLC →Business Tax & ITIN
Business returns, tax planning and ITIN applications through our same-office sister company, Fingerscan Digital Inc.
Business tax preparation →The real cost of filing it yourself
The state form itself is short. What costs San Jose owners weeks, penalties and sometimes their liability protection is everything around it. These are the mistakes we are most often asked to fix.
| Common DIY mistake | What it costs you | How TruPoint handles it |
|---|---|---|
| Name too close to an existing company | Filing rejected; you start over and lose days to weeks | Availability checked before we file |
| Wrong management choice on the Articles | Bank and title company refuse the signer; an amendment and new state fee | Your choices confirmed in writing before filing |
| EIN requested with the wrong entity type or owner | IRS records do not match the state filing; bank account delayed while you write to the IRS | EIN obtained to match the filed entity, included in the $600 |
| No operating agreement or bylaws | Bank account refused; default state rules decide disputes; weaker proof the company is separate from you | Prepared as an add-on at formation |
| Statement of Information missed | $250 state penalty and, if left unfiled, suspension of the company | Initial Statement filed with your formation |
| $800 franchise tax date missed | Franchise Tax Board penalties and interest; suspension can follow | First due date given to you in writing at delivery |
| S-Corp election filed late | S-Corp tax savings lost for the year | Form 2553 prepared with your formation when you choose S-Corp |
| Rental or building left in your own name | A claim on the property is still a claim against you | LLC or corporation deed prepared and e-recorded, $400 |
TruPoint vs. DIY, online filing sites and attorneys
| DIY on the state website | Online filing website | Business attorney | TruPoint Legal | |
|---|---|---|---|---|
| Upfront cost | State fee only, plus your time | Low base price; EIN, operating agreement and registered agent often extra, with yearly renewals | Often $1,500–$3,000, frequently hourly | $600 + state fee, EIN included |
| Who reviews your answers | You | Software questionnaire | Attorney | Registered LDA #268, in person or remote |
| Local office | — | None | Yes | 434 Blossom Hill Rd, San Jose |
| Languages | — | Mostly English | Varies | English, Vietnamese, Cantonese; Spanish through staff |
| Property into the LLC | Separate project | Usually not offered | Separate fee | LLC deed $400, e-recorded |
| Business tax & ITIN | On your own | Referral or upsell | Referral | Same office: Fingerscan Digital Inc. |
| Legal advice | No | No | Yes | No — documents prepared at your direction |
Own rental or investment property? Deed it into the LLC.
Forming an LLC does not move anything into it. A house, duplex or commercial building stays in your personal name, and exposed, until a deed transfers it to the company. We prepare the LLC or corporation grant deed for $400 and e-record it.
Before you sign, understand the property tax side: a transfer into an entity is generally reassessed unless each owner’s proportional interest stays the same, and a lender may need to approve the transfer if there is a loan.
After you form: business taxes and ITIN
Your new company files its own returns — Form 568 for LLCs, Form 100 or 100S for corporations, Form 1065 for partnerships — and the first $800 franchise tax payment comes due within months. Our same-office sister company, Fingerscan Digital Inc., handles the tax side.
Business tax returns
LLC, partnership, S-Corp and C-Corp returns, federal and California.
Small business tax preparation →Tax planning
Run the numbers on an S-Corp election, owner salary and estimated payments before you commit.
Tax planning →ITIN for owners
No Social Security number? Fingerscan Digital is an IRS Certifying Acceptance Agent and helps owners apply for an ITIN.
ITIN application →Why Santa Clara County owners choose TruPoint
- One published fee: $600 for an LLC or corporation, EIN included — no hourly billing.
- A registered and bonded Legal Document Assistant, LDA #268, verifiable with the Santa Clara County Clerk-Recorder, and a CALDA member.
- Sit down with us at 434 Blossom Hill Rd, San Jose, or work with us remotely.
- English, Vietnamese and Cantonese with Quinnie Do; Spanish through our staff.
- Company, property deed and business-tax help under one roof — no hand-offs between three offices.
- Serving San Jose, Santa Clara, Sunnyvale, Mountain View, Palo Alto, Cupertino, Campbell, Los Gatos, Milpitas, Morgan Hill and Gilroy.
Business formation questions
How much does business formation cost in San Jose?
TruPoint Legal forms a California LLC or corporation for $600, which includes preparing and filing the Articles, the federal EIN and the initial Statement of Information. The California filing fee is separate: $70 for an LLC and $100 for a corporation. An Operating Agreement or Corporate Bylaws can be added at formation. Every LLC and corporation also owes the $800 California minimum franchise tax each year.
Should I form an LLC or a corporation?
That choice is yours, and as a Legal Document Assistant we cannot make it for you. In general, an LLC offers liability protection with flexible management and pass-through taxation, while a corporation issues shares and is the usual structure for outside investors and stock plans. Either one can elect S-Corporation tax treatment. For the tax effect on your situation, speak with a tax professional before you file.
Does an LLC protect my house if my business is sued?
Generally, an LLC or corporation keeps business debts and judgments with the business rather than the owner. That protection depends on keeping the company separate: its own bank account, contracts signed in the company name and governing documents in place. It does not cover debts you personally guarantee or harm you cause yourself, and it does not cover property that is still in your own name.
How long does it take to form an LLC or corporation?
We prepare your documents after your consultation and your approval of the details. Processing time after filing is set by the California Secretary of State and changes with its workload; the state offers expedited processing for an added state fee. The EIN is obtained once the state approves the filing.
Do I need an Operating Agreement or Corporate Bylaws?
California expects every LLC to have an operating agreement and every corporation to adopt bylaws. Neither is filed with the state, but banks, lenders, title companies and investors routinely ask to see them, and without them California default rules decide ownership disputes. We prepare an Operating Agreement from $300 or Corporate Bylaws from $500, at formation or for an existing company.
I do not have a Social Security number. Can I still form a business?
Yes. You do not need a Social Security number to own a California LLC or corporation. Applying for the EIN online requires the responsible owner to have an SSN or ITIN; without one the IRS application goes by fax or mail and takes longer. Our same-office sister company, Fingerscan Digital Inc., is an IRS Certifying Acceptance Agent and helps owners apply for an ITIN.
Do I pay the $800 franchise tax if my business makes no money?
Yes. California charges LLCs the $800 minimum tax every year, including the first year, whether or not the business earns income. A new corporation is not subject to the minimum tax in its first taxable year but pays tax on any income. The first payment is due by the 15th day of the 4th month after the company is formed.
Ready to protect what you have built?
Tell us about your business in a free consultation. You choose the structure; we prepare, file and deliver your company with its EIN.
TruPoint Legal LLC · Registered Legal Document Assistant LDA #268, Santa Clara County · 434 Blossom Hill Rd, San Jose, CA 95123. We are not a law firm and do not give legal advice.