State Guide
BOI Filing California FinCEN Guide
BOI filing for California LLCs is a federal FinCEN filing at fincen.gov/boi, not a California Secretary of State filing. Your EIN is required to file. ein.so gets non-resident owners an EIN for $49.
BOI filing for a California LLC is a federal FinCEN filing at fincen.gov/boi, not a California Secretary of State filing. The form requires your EIN, so get the EIN first. The Beneficial Ownership Information report is free. Non-US residents get the required EIN by faxing IRS Form SS-4 to the IRS, using a passport number on Line 7b. ein.so files the SS-4 for $49 Standard (4-7 business days) or $97 Express (2-3 business days).
California registers more LLCs than any other US state. Many of those LLCs belong to non-US residents who form a California entity to reach American customers, banks, and payment processors. Every one of these companies faces two federal obligations that confuse owners: the EIN application with the IRS and the BOI report with FinCEN. The two filings connect, because the FinCEN BOI form asks for the company taxpayer ID, which is the EIN. This guide explains how BOI filing works for a California LLC, why it is a federal filing and not a state one, and how a non-resident owner gets the EIN that the report requires.
| Detail | Information |
|---|---|
| Filed with | FinCEN (federal), not California SOS |
| BOI filing URL | fincen.gov/boi |
| BOI report cost | $0 (free) |
| EIN required to file BOI | Yes (company taxpayer ID) |
| EIN cost from IRS | $0 |
| Penalty for non-filing | $500 per day, up to $10,000 fine, up to 2 years |
| ein.so EIN service | $49 Standard / $97 Express |
The Difference
Is BOI Filing in California a State or Federal Filing?
BOI filing in California is a federal filing with FinCEN, not a California state filing. You submit the Beneficial Ownership Information report at fincen.gov/boi under the federal Corporate Transparency Act. The California Secretary of State does not collect BOI reports.
California business owners confuse three separate filings. Each goes to a different agency. None replaces another. The table below maps them so you file each one with the correct office.
| Filing | Agency | Cost |
|---|---|---|
| BOI report | FinCEN (federal) | $0 |
| EIN application (Form SS-4) | IRS (federal) | $0 |
| Articles of Organization | California Secretary of State | State fee applies |
| Statement of Information | California Secretary of State | State fee applies |
The state filing fees for California formation and the Statement of Information change over time. Confirm current amounts on the California Secretary of State website before you pay. The two federal items, the BOI report and the EIN, are free from the government. ein.so charges a service fee to prepare and fax your SS-4; the IRS itself charges $0 for the EIN. See our EIN cost breakdown for the full picture.
Why the EIN Comes First
Why Does BOI Filing in California Require an EIN First?
BOI filing in California requires an EIN first because the FinCEN BOI form asks for your company's taxpayer identification number. For a California LLC, that number is the EIN issued by the IRS. You cannot complete the report without it.
The Corporate Transparency Act requires each reporting company to identify itself with a tax ID. A foreign-owned California LLC does not have an SSN or ITIN to use, so the EIN fills that field. This is why the order matters: form the LLC, get the EIN, then file BOI. Reversing the order leaves the FinCEN form incomplete.
Form Your California LLC
Get Your EIN From the IRS
File Your BOI Report With FinCEN
Keep Your BOI Report Current
If you do not yet have an EIN, start there. ein.so files the SS-4 for $49 Standard or $97 Express. Review the EIN processing time so your BOI deadline does not slip.
EIN Without SSN
How Does a Non-Resident Get the EIN for a California LLC?
A non-resident gets the EIN for a California LLC by faxing IRS Form SS-4 to 855-215-1627 and writing a passport number on Line 7b in place of an SSN. The IRS online EIN tool requires an SSN, so non-residents use the fax method.
The fax path is the standard route for foreign owners. No SSN and no ITIN are needed for the EIN. Your passport number is the only personal identifier the SS-4 requires from a non-resident responsible party. The table below shows how a California LLC owner completes the key fields.
| SS-4 Field | California LLC Entry |
|---|---|
| Line 1 (Legal name) | Your California LLC name |
| Line 4 (Mailing address) | Your foreign address or US registered agent address |
| Line 7a (Responsible party) | Your full name as shown on your passport |
| Line 7b (SSN/ITIN/EIN) | Your passport number (no SSN required) |
| Line 8a (LLC) | Yes |
| Line 10 (Reason) | Started new business |
| Line 16 (Principal activity) | E.g., "e-commerce," "software," "consulting" |
The most common rejection cause for international applicants is malformed address formatting, which the IRS rejects without notice. ein.so reformats your address to an IRS-accepted style before faxing. Read the full SS-4 form guide and the EIN without SSN guide for field-by-field detail. The complete process is covered in EIN for non-residents.
Beneficial Owners
Who Is a Beneficial Owner of a California LLC?
A beneficial owner of a California LLC is any individual who holds 25% or more of the ownership interest or who exercises substantial control over the company. A single-member California LLC reports one beneficial owner: the sole owner.
The Corporate Transparency Act uses two tests. Ownership covers anyone with a 25% or larger stake. Substantial control covers senior decision-makers regardless of stake. Both tests catch managers, CEOs, CFOs, and managing members. A non-resident owner of a California LLC almost always qualifies as a beneficial owner under both tests.
25% Ownership Test
Substantial Control Test
What You Report
Single-Member Non-Resident LLC
Penalties
What Are the Penalties for Missing BOI Filing in California?
The penalty for willfully failing to file a BOI report is $500 per day in civil fines, plus criminal penalties up to a $10,000 fine and 2 years imprisonment. These penalties are federal and apply to California LLCs identically to LLCs in every other state.
California offers no relief from federal BOI penalties, because the report is not a state filing. The fine accrues daily until you file. Filing the free report at fincen.gov/boi on time avoids all of it. The table below compares the federal filings a foreign-owned California LLC faces and the cost of ignoring each one.
| Federal Filing | Where | Penalty for Non-Filing |
|---|---|---|
| BOI report | FinCEN (fincen.gov/boi) | $500/day, up to $10,000 + 2 years |
| Form 5472 + Form 1120 | IRS | $25,000 per year |
| EIN application | IRS | No penalty (but blocks banking and BOI) |
A foreign-owned single-member California LLC must file Form 5472 with a pro-forma Form 1120 each year. The $25,000 penalty for missing Form 5472 dwarfs most owners' tax bills, so calendar both deadlines. ein.so files your EIN application and does not give tax advice; confirm your Form 5472 and BOI obligations with a US CPA. See the general BOI filing guide for nationwide rules.
Use Cases
Why Do Non-Residents Form California LLCs That Need BOI and EIN?
Non-residents form California LLCs to reach the US market, then face the EIN and BOI filings that every US company shares. California's economy, talent pool, and brand pull founders toward a California entity over other states.
California's GDP exceeds that of most countries, and its consumer market is one of the largest in the world. Foreign founders who choose California over Wyoming or Delaware usually have a California-specific reason: customers, partners, or a physical footprint in the state. Each of these owners needs an EIN to bank and an EIN to file BOI.
E-commerce and Marketplace Sellers
Tech and SaaS Founders
Consultants and Freelancers
Real Estate and Holding Companies
For every use case, the sequence is the same: form the California LLC, get the EIN, open banking, then file the free BOI report. ein.so starts you at the EIN step.
Next Steps
After Your EIN: Complete BOI Filing in California
- Get your EIN — required for the FinCEN BOI form; ein.so faxes Form SS-4 for $49 Standard or $97 Express
- File your BOI report — free at fincen.gov/boi using your California LLC details and EIN
- Open a US bank account — Mercury, Relay, and Wise accept non-resident California LLC owners with an EIN and passport
- File Form 5472 — annually for foreign-owned LLCs ($25,000 penalty for non-filing)
- Update BOI within 30 days — report any change to ownership, address, or owner ID documents
Related EIN guides: EIN without SSN | EIN for non-residents | How to get an EIN | SS-4 form guide | EIN processing time | EIN cost. Nationwide rules: BOI filing.
Frequently Asked Questions
Is BOI filing required for California LLCs?
Yes. Most California LLCs and corporations must file a Beneficial Ownership Information report with FinCEN. The report is federal, not a California filing. 23 exemption categories exist, covering large operating companies and regulated entities. A foreign-owned single-member California LLC is not exempt and must file. Confirm your exemption status with a CPA.
Do I file BOI with the California Secretary of State?
No. You file BOI with FinCEN at fincen.gov/boi, not with the California Secretary of State. BOI is a federal requirement under the Corporate Transparency Act. The California SOS handles your Articles of Organization and Statement of Information. These are separate filings. Neither one replaces the other; you complete both.
Does BOI filing in California cost money?
No. Filing your BOI report directly with FinCEN at fincen.gov/boi is free. No federal fee exists for the report. ein.so does not file BOI reports. ein.so files IRS Form SS-4 to get your EIN, which the BOI form requires, for $49 Standard or $97 Express.
Do I need an EIN before filing BOI for my California LLC?
Yes, in practice. The FinCEN BOI form asks for your company's taxpayer identification number, which is your EIN for a California LLC. Get the EIN first, then file BOI. Non-US residents apply for an EIN by faxing Form SS-4 to the IRS at 855-215-1627 using a passport number on Line 7b.
Can a non-US resident own a California LLC and file BOI?
Yes. Non-US residents own California LLCs and file BOI reports as beneficial owners. You report your name, date of birth, address, and a passport image. You do not need an SSN for the BOI report or for the EIN. ein.so files Form SS-4 to get your EIN for $49.
What is the penalty for not filing BOI in California?
Willful failure to file a BOI report carries civil penalties of $500 per day and criminal penalties up to a $10,000 fine and 2 years imprisonment. The penalty is federal and applies to California LLCs the same as any other state. Filing on time at fincen.gov/boi avoids these penalties.
Who counts as a beneficial owner of a California LLC?
A beneficial owner is any individual who holds 25% or more of the ownership interest or exercises substantial control over the California LLC. Substantial control includes managers, CEOs, CFOs, and managing members. A single-member California LLC reports one beneficial owner: the sole owner. Multi-member LLCs report each qualifying owner.
How does a California LLC get an EIN without an SSN?
A non-resident owner of a California LLC gets an EIN by faxing IRS Form SS-4 to 855-215-1627. The passport number goes on Line 7b in place of an SSN. The IRS online tool requires an SSN, so it is blocked for non-residents. ein.so prepares and faxes the SS-4 for $49 and delivers the EIN by email.
Does a foreign-owned California LLC file other federal forms besides BOI?
Yes. A foreign-owned single-member California LLC files Form 5472 with a pro-forma Form 1120 each year. The penalty for not filing Form 5472 is $25,000. This is separate from the BOI report and the EIN application. Confirm your full federal filing obligations with a US CPA familiar with non-resident matters.
How long does it take to get the EIN I need for BOI filing?
Through ein.so, Standard processing takes 4-7 business days for $49, and Express takes 2-3 business days for $97. The IRS charges $0 for the EIN itself. Once your EIN letter arrives, you enter the EIN on the FinCEN BOI form and file the free report at fincen.gov/boi.
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