Legal Question in Business Law in California
Our company was purchased by a larger company. We now file our taxes through the parent company and no longer have our own Fed tax ID number. Can we be called a subsidiary or are we now just part of the parent company?
2 Answers from Attorneys
More information would be needed. A "subsidiary" is usually thought of as a corporation or other business entity that, although existing separately, is owned or controlled by another corporation (or other business entity). If your company was merely purchased by the larger company, it's probably a subsidiary. However, if it was merged into the larger company, I'd say it is not a subsidiary, it's better called a 'division" "department" or "unit" (for example) of the acquirer. The tax payment method is not necessarily determinative, as subsidiaries can often file consolidated returns with their parent company (and its other subsidiaries).
s a Franchise Attorney I agree with the other attorney answer and only add the following. Usually subsidiaries have their own FEIN. Since your company no longer does, it's more likely a division than a subsidiary - but more facts are needed. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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