CA: Out-of-State LLC

[DTS]

I'm having a heck of a time getting into the CA SOS so I can ask some questions (phone menu that doesn't address my needs or email error messages). I don't deal with out-of-state entities, so any help with be most welcome.

My client is the sole member of an out-of-state LLC and he is a full-time resident of CA and will be conducting most or all of it's operations from CA. Discussing this with a colleague, I am going to fill out LLC-5 to file with the SOS, along with the certificate of good standing from the other state. Also, the LLC will pay the annual $800 fee.

Anything else I need to advise the client to do?

Thank you very much.

[DTS]

Just received an email from the SOS and confirmed what I posted earlier, with the exception of the $800 annual fee, which is an FTB matter. If there is anything that's been omitted, please post.

D

[mactoolsix]

Biennial Statement of Information

Don't forget the Domestic or Foreign Limited Liability Company (Form LLC–12) due biennially.

This website should provide you with any other needed information:

https://www.ftb.ca.gov/forms/misc/3556.pdf

[S T]

Member is Ca resident? - Correct?
LLC is formed in another state, other than California?
Are operations conducted from California?
Are Sales Revenues generated in California?

A few links to review for your taxpayer's scenario and make you scratch your head even more.

http://www.methvenlaw.com/Practice-Areas/Corporate-LLCs-LLPs-Shareholders/Setting-Up-Out-of-State-Entity.html

http://www.jdsupra.com/documents/78f12cd2-dd55-42c0-87d8-513c42d90b40.pdf

http://www.northwestregisteredagent.com/avoid-ca-franchise-tax.html

http://www.venable.com/files/Publication/5a44a2ab-e24f-4d62-bddc-3c3ad2da9f86/Preview/PublicationAttachment/6b412513-b520-48a3-8f80-403d148cd1cc/Tax_Bulletin--Californias_New_Tax_Law.pdf

Good Luck!

Sandy

[DTS]

Thank you Mactoolsix and Sandy. I did miss the LLC-12, but will look into it. Sandy, the links were most helpful, but like you said, makes you scratch your head more. Same with the email I received from the SOS. On one hand, they say they can't tell you whether you should register with them and to seek legal advice and on the other hand, tell you that you should.

Thank you both.

D