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Do I still need to pay $800 California LLC fee?

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sefnfot

Member
What is the name of your state? California

I dissolved my Nevada LLC.
It is also a foreign corporation in California.
The FTB said the $800 is still due for 2024.
I thought the fee wasn't due until the annual anniversary date of the California formation date: 5/8/2017.
I am facing financial hardships so my question is: Do I need to pay the fee or can I let the 2024 fee lapse and allow the LLC to go stale?

(This question is based on information that I got for my Wyoming LLC- It is the same dissolution issue, but I was told by my Wyoming LLC servicer that I could let the LLC lapse [by not filing the Statement of Information by the due date 5/31/2024] it would then become inactive and it would Archive after 2 years.). And filing Dissolution form filings is worse because the LLC would be Archived as soon as filing the Form: [ unable to revive the LLC].

So, is it the same consequences and process in California or will the penalties from CA accrue and become a future problem?
Does not paying the $800 LLC fee in California snowball into a bigger problem?
 


LdiJ

Senior Member
The LLC fee is due the "15th day of the 4th month after the beginning of your tax year."
(https://www.ftb.ca.gov/file/when-to-file/due-dates-business.html)

If you don't take active steps to close the LLC, then you're likely to have problems down the road.
I agree that it is important to officially shut down the LLC. In my state if you backdate the closure to the last day that you actually did business, then any fees that accrued after that would be waived. I don't know if it is the same in CA, but the agency asking you for payment should be able to tell you one way or another.
 

sefnfot

Member
The LLC fee is due the "15th day of the 4th month after the beginning of your tax year."
(https://www.ftb.ca.gov/file/when-to-file/due-dates-business.html)

If you don't take active steps to close the LLC, then you're likely to have problems down the road.
I will accept your answer. (I did take steps to dissolve the LLC in Nevada & the California status- my only question was about the $800 FTB fee.)
But I just want to explain my confusion. Why doesn't the due date language just come out and say April 15th and why is the language ambiguous? My taxable year could start July or the anniversary date. This seems to be the rule accepted by some states, ie Wyoming.
 

Zigner

Senior Member, Non-Attorney
I will accept your answer. (I did take steps to dissolve the LLC in Nevada & the California status- my only question was about the $800 FTB fee.)
But I just want to explain my confusion. Why doesn't the due date language just come out and say April 15th and why is the language ambiguous? My taxable year could start July or the anniversary date. This seems to be the rule accepted by some states, ie Wyoming.
Perhaps the possibility exists that an entity's tax year may not begin on January 1st., thus causing their due date to be different.
 

LdiJ

Senior Member
I will accept your answer. (I did take steps to dissolve the LLC in Nevada & the California status- my only question was about the $800 FTB fee.)
But I just want to explain my confusion. Why doesn't the due date language just come out and say April 15th and why is the language ambiguous? My taxable year could start July or the anniversary date. This seems to be the rule accepted by some states, ie Wyoming.
That is actually pretty standard language in the business and tax world. It takes into consideration that many businesses have fiscal tax years that do not follow the calendar year.
 

sefnfot

Member
That is actually pretty standard language in the business and tax world. It takes into consideration that many businesses have fiscal tax years that do not follow the calendar year.
So is it possible that my fiscal year hasn't begun until June or July?
 

LdiJ

Senior Member
So is it possible that my fiscal year hasn't begun until June or July?
I think that is unlikely. You should know whether or not you are on a calendar year (ending 12/31) or a fiscal year, (ending some other date). Did you file tax returns based on a year ending 12/31 or some other ending date?
 

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