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No, since your California LLC doesn't need to pay the $800 franchise tax for its 1st year, you don't need to file Form 3522. Form 3522 will need to be filed in the 2nd year.
Therefore, any member of an LLC treated as a corporation for federal income tax purposes is a statutory employee and any compensation paid to these members, deductible under Section 162 of the IRC, is considered wages subject to California payroll taxes.
LLC Corporations It is mandatory for all corporations to file annual tax returns, even if the business was inactive or did not receive income.
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 an SMLLC. We require an SMLLC to file Form 568 , even though they are considered a disregarded entity for tax purposes.
You pay an $800 LLC tax annually, even if your LLC doesn't earn any money. You pay an annual LLC fee, which depends on your LLC's gross income. You pay income tax on your net LLC income with your personal tax return (The California LLC tax rate ranges from 1% to 13.3%).