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Discussion:Annual $800 LLC Fee/Tax
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Discussion Forum Index --> Basic Tax Questions --> Annual $800 LLC Fee/Tax
Discussion Forum Index --> Tax Questions --> Annual $800 LLC Fee/Tax
Cwmfirm (talk|edits) said:
| 17 November 2009
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| In a single member California LLC, is the member liable for the $800 annual LLC tax/fee if the fee goes unpaid? If a person stopped using the LLC and dissolved it before 12/31/09 the $800 is still due, but can't they only go after the LLC which is no longer around? Any other recourse by the State?
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Joanmcq (talk|edits) said:
| 18 November 2009
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| no, the member is liable. And the tax is due at the beginning of the year. So if LLC dissolved by 12/31/09, the fee for 2010 isn't due, but the 2009 fee is late if it hadn't been paid yet.
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R2 (talk|edits) said:
| 18 November 2009
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| Generally, the owner of the SMLLC cannot be held personally liable for the debts of the LLC. However, if the LLC made distributions in exchange for less than adequate consideration, the member can be sued for the unpaid tax. See RTC 19071, 19072, and 19073.
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R2 (talk|edits) said:
| 18 November 2009
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| Also, if the LLC conducted no business in California during 2009 and it filed a final return for 2008, the $800 tax is waived for 2009. See RTC 17947.
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