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How to form a California LLC without a lawyer

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Re: How to form a California LLC without a lawyer

#21
post #16

You also need to file a California Form 568 tax return with the Franchise Tax Board and pay the $800 annual tax whether or not you have any income, or you get a big fine that increases every month you don't file... Ask me how I know :)

> pay the $800 annual fee whether or not you have any income Really? In the 2 states I've lived in, there is no annual fee for LLC's. I'm curious what the reasoning behind having a fee that large is.

Basically, because CA can get away with it.

Re: How to form a California LLC without a lawyer

#22
post #16

You also need to file a California Form 568 tax return with the Franchise Tax Board and pay the $800 annual tax whether or not you have any income, or you get a big fine that increases every month you don't file... Ask me how I know :)

> pay the $800 annual fee whether or not you have any income Really? In the 2 states I've lived in, there is no annual fee for LLC's. I'm curious what the reasoning behind having a fee that large is.

If California can tax it, oh they will tax it.

Re: How to form a California LLC without a lawyer

#25
post #8

You may also need a registered agent for "Service of process". Costs $100 per year. Without it you risk default judgement in case of a lawsuit. https://www.legalzoom.com/articles/what-is-an-agent-for-serv...

You can just use your personal mailing address and check it for mail.

You can act as your own Registered Agent for a corporation or LLC as long as you have a physical street address in the state where your corporation or LLC is formed.

The actual corporation or LLC being formed, however, cannot name itself as its own Registered Agent.

Re: How to form a California LLC without a lawyer

#26

You also need to file a California Form 568 tax return with the Franchise Tax Board and pay the $800 annual tax whether or not you have any income, or you get a big fine that increases every month you don't file... Ask me how I know :)

how do you know ?

I’ve incorporated in CA before. Top poster is correct.

Re: How to form a California LLC without a lawyer

#27

You also need to file a California Form 568 tax return with the Franchise Tax Board and pay the $800 annual tax whether or not you have any income, or you get a big fine that increases every month you don't file... Ask me how I know :)

how do you know ?

:)

I forgot to file one year (still paid the $800 on time) and got hit with a $500 fine that there was no way around.

That LLC made -$1300 that year.

Re: How to form a California LLC without a lawyer

#28
post #18

Cheaper to register in Delaware. Only $300 per year in LLC tax vs $800.

In Minnesota, you pay a one time fee of $135, and renew yearly for free.

Yep, and the renewal takes about 5 minutes online.

North Dakota charges $100 then $25 for each annual report. Odd, ND is more expensive.

Re: How to form a California LLC without a lawyer

#29

Why would you want to as opposed to Delaware?

If you're in California, they will get their $800 regardless. It doesn't matter where you create the LLC, California has a minimum $800 tax on it.

> they will get their $800 regardless

California law is convoluted and Californian courts slow. That makes doing almost everything with a California LLC more expensive than with a Delaware LLC.

The only reason to form a California entity is if you’re doing business with the state.

Re: How to form a California LLC without a lawyer

#30
post #11

Earlier quoted context omitted.

Piercing the veil can occur for many different reasons, including some as simple as improperly kept notes of annual meetings. Consult with a lawyer to be sure every formality is followed.

This is incorrect. In California at least, LLCs do not need to hold annual meetings.

Precisely why I said it’s complicated. Just make sure your lawyer tells you if you’re doing everything you need to.
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