View Full Version : Registering a foreign LLC (in California)

01-14-2006, 03:04 PM
Though I formed a LLC in Delaware, I spend a fair amount of time in California, so I am looking into IBRP (http://www.ss.ca.gov/business/ibrp/ibrp.htm) to register a foreign LLC in California.

Q1. Application for registration ( http://www.ss.ca.gov/business/llc/forms/llc-5.pdf ) states "Filing this document shall obligate most limited liability companies to pay an annual minimum tax of $800.00 to the Franchise Tax Board pursuant to Revenue and Taxation Code section 17941." Suppose that I register the company in California and do some business in California this year. When do I have to pay $800.00 (plus additional tax?)? This April? June? At the end of the year?

Q2. My company runs online business, and subsequently, almost all business transactions are performed online; it is rather difficult to pinpoint physical location in which the company runs its business. Is it absolutely necessary to register the company in California?

02-01-2006, 05:23 PM
If you don't reside in Calif. and You don't maintain a physical presence in Calif. you don't need to file there, only in the state you live. Somehow, I had the impression you lived in Calif.

You can do Internet business in all states without having to register in them as an LLC. The Internet permits you to cross the state boundaries. You may be subject to collecting Sales Tax for the state you reside in.

05-13-2006, 04:36 PM
But ooen said that s/he spends a fair amount of time in California. If you conduct business in California (as in take sales, ship, etc etc), then I think you may be required to file as a foreign LLC. You you should be able to conduct internet business anywhere (in terms of selling to customers in that state). However this particular case seems interesting as you spend a lot of Time in California and will be running your business here as well.

Of course I could be wrong. Your best best is to talk to an attorney or accountant in Cali.