Legal Question in Business Law in California

This is for CA LLC filing.

1. Online it states that there is a registration time(somewhere between 1-2 months usually)... Is there provisional protection while this is happening or should no business be conducted at all?

2. I know that there is an annual tax associated with LLCs. Does this need to be paid as soon as the LLC is formed, or can it be anytime during the year. For CA I believe it is $800


Asked on 3/28/12, 3:05 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As to #1, it is unfortunate that California's state government has become such a mess due to insufficient revenue and excessive expenditures that a self-supporting fee-based operation like the Secretary of State's corporations department can no longer function on a real-time, quick turnaround basis. Yep, you'll probably have to wait around six weeks to get your stamped paperwork back. Nevertheless, your business will be officially "formed" as of the date your papers are received. That's assuming there are no errors in them! Unfortunately, there'll be a period of time in which you just don't know. Another possibility is to use a filing service such as Parasec (look 'em up on Google) who can file your papers "in person, over-the-counter" and for varying but reasonable fees (a) check your papers for reasons for rejection, and (b) get them filed over-the-counter much faster than via mail.

As to #2, LLCs pay both an annual franchise tax (that's the $800) and a gross receipts tax that kicks in, I believe, on sales over $250,000. The annual franchise tax is not paid when the LLC is formed; it is paid annually on the tax due date. I'll get back to you on that.

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Answered on 3/28/12, 6:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Go to https://www.ftb.ca.gov/businesses/bus_structures/llcompany.shtml for basic info re paying California LLC taxes.

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Answered on 3/28/12, 6:41 pm


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