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Help in filing CA form 568 and FTB 3522 for a LLC. We are

Customer Question

Help in filing CA form 568 and FTB 3522 for a LLC. We are categorized as social assistance, provide social service and do not sell goods. We started the LLC last summer, paid our required $800, made less than $3000 during 2008 which we reported in our 2008 taxes under business profit/loss Schedule C, 1040. I assume we have to file a CA Form 568 for the LLC and of course pay the obligatory $800 using FTB 3522 - Tax Voucher.
Submitted: 5 years ago.
Category: Tax
Expert:  Ed Johnson replied 5 years ago.

Dear Black web,

 

I see this question has been here for some time. do you still need assistance?

Customer: replied 5 years ago.
yes, still waiting for a reply. thank you.
Expert:  Ed Johnson replied 5 years ago.

Dear Black,

 

Thank you for getting back to me.

 

Ok so I would like to take this for you, then.

 

Can you tell me: for federal tax purposes, are you a sole propretor (sole owners), partnership, did you take an S-election, etc.

Customer: replied 5 years ago.
Sole prop. (wife and I are co owners). No employees. We offer pscychological counseling to private couples, attorneys and owners of small companies. We reported ourt profits and losses on our Fed. Income Tax. We are listed as a LLC.
Expert:  Ed Johnson replied 5 years ago.

Dear Blackweb,

 

Thak you, then I assume you are using sceduel C to file your federal taxes.

 

In California, an LLC with a single owner may

(1) elect to be classified as an association taxable as a corporation, or

(2) elect to disregard its status as an entity separate from its owner, treat its activities as a sole proprietorship, branch, or division of the owner, and have its activities included in the tax return filed by the owner. (See Cal. Code. Reg., tit. 18, § 23038(b)-2(a).)

However unless you are organized as a non-profit and have tax exempt status from the fed, you are still required to pay the 800 dollars a year.

Reference: http://www.ftb.ca.gov/forms/07_forms/07_568bk.pdf

You are required to use form 3522 if any of the following are true:

  • The LLC has articles of organization accepted by the California Secretary of State (SOS).
  • The LLC has a certificate of registration issued by the SOS
  • The LLC Is doing business in California.

NOTE: Remember, you have unlimited followup if this does not meet your needs, please let me know.

Customer: replied 5 years ago.
I filed our expenses and revenue on our Federal Taxes/State Taxes (Schedule C). So by filing under your option (2), I do not have to file the 568. I was pretty sure I had to pay the obligatory $800 to the state for "the privilege of doing business in CA."
Expert:  Ed Johnson replied 5 years ago.

Dear blackweb,

 

I have not forgotten about you. I am out of town and not able to finish this. I am looking for another expert to finish this for you.

Customer: replied 5 years ago.
Just wanted to verify my understanding of your response. Thanks

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Ed Johnson
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GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee