Since a Corp in CA doesn't pay the $800 franchise tax in its first year, is an 2016 LLC electing to be taxed as an S-Corp in 2022 exempt in the first year as an S-Corp (2022)?
abctax55
Level 15
05-16-2024
02:25 PM
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From Spidell Message Board...
Thursday, August 03, 2023 | By: xxxxxxx
Comments
Friday, August 04, 2023 | By: Anonymous
No the exemption only applies to a new business and the LLC was already in existance.
Friday, December 22, 2023 | By: Anonymous
Similar issue: I have a single-member LLC that elected to be taxed as an S-corp mid-year 2021 so there's a Sch C for Jan-June and an S-corp for July-Dec, same EIN for the full year and the legal entity is still an LLC. The single-member LLC paid the minimum tax in April 2021 of $800 and an LLC fee of $2,500 in June. The FTB is saying the S-corp. owes an additional $800 min tax for the short period July-December? Doesn't seem correct. I recognize the first year S-corp. minimum tax exemption is for new businesses only (your situation above) but this is the same ongoing business and the FTB is saying the 2021 $800 minimum tax is due for the SMLLC and again for the S-corp. for the same year. Any guidance?
Saturday, December 23, 2023 | By: Anonymous
The FTB is correct. This is why you shouldn't change an entity in the middle of the year.
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