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Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 29100
Experience:  30 years experience representing clients .
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Im a resident in Las Vegas, NV, and in May 2010 I applied

Customer Question

I'm a resident in Las Vegas, NV, and in May 2010 I applied to open a Nevada LLC (I'm the only organizer) and paid $57 filling fee. Later on I got a letter from Secretary of State for list fee ($125) and license fee (if required), plus the LLC charter for my company. With that charter I applied an EIN as well.

However, I found that since I wasn't a US citizen or green card holder thus I shouldn't open an LLC here in US (it's not allowed). So, I didn't do anything after that: I didn't pay the list fee (or license key), and didn't do anything to close the LLC or cancelling the EIN.

Here are my questions:

1. If the LLC is not automatically closed, do I need to close the business by myself? How?

2. Do I need to file any tax return application for the LLC for year 2010?

3. Since I'm an H1-B visa holder, would that (openning an LLC) have any negative impact on my status in US?

Thanks
Submitted: 5 years ago.
Category: Business Law
Expert:  Loren replied 5 years ago.
The LLC will be involuntarily dissolved by the Nevada Sec of State and you need not take any further action. No tax return need be filed if there has been no income generated.
Customer: replied 5 years ago.
One of my main concerns is that, as I noted in my original post, "do I need to close the business by myself?" I went to site nvsos.gov, and I can still see my LLC listed there with a status of 'DEFAULT', although the Annual List of Officers due date is 6/30/2010. Thus I don't think this business entity has been dissolved involuntarily even after half a year. Thanks
Expert:  Loren replied 5 years ago.
If your LLC has no assets and has never transacted any business the state will eventually dissolve it and the listing will show "involuntary dissolution". If you are more comfortable filing articles of dissolution, you will need to reinstate the LLC (paying all annual fees plus a $75 reinstatement fee) and then dissolve the LLC by filing the Articles of Dissolution. Either way, the result is the same whether you do nothing or pay the fees and dissolve it yourself. There is no liability if the LLC never did business.