Legal Question in Business Law in California
I have an inactive corporation in California since the incorporation date in 2008. The state is threatening to suspend the corporation which is OK with me for I do not want to pay the $800 frnachise tax. Do you see any cons in the above scenario?
2 Answers from Attorneys
You may continue to incur the annual $800 minimum fee.
In 40 years of incorporating, and then abandoning, corporations for clients as well as myself, I have never known the Franchise Tax Board (or the Secretary of State) to attempt to enforce the payment of the minimum franchise tax against a corporation that wasn't doing business and had no assets. Lately, however, I have notice an increasing "level of threat" in the form of letters seeking payment. It remains to be seen whether the state will actually follow up by taking collection action against these defunct corporations or their founding fathers. I'd guess no, but there's a risk.
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