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Level 6
October 20, 2021
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E-filing CA SME where sole member is another LLC

  • October 20, 2021
  • 1 reply
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In another post I had an issue where an EIN for the sole member of a SME was invalid. With the help of @Just-Lisa-Now- and my own research I realized filing a 1065 for a SME is unnecessary and in fact impossible. 

However, I have also determined that I still need to file a CA form 568 after looking at CA website. Intuit instructions in an article posted here dictate that the data should originate in the taxpayer's schedule C, E, or F. 

However, in this case, the sole member is another LLC so none of these forms exist. They file their own 1065. Is there a way for me to link the data there or otherwise file the original return with California? I would rather not have to mail this stupid thing. 

thanks 

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Best answer by joshuabarksatlcs

if your solution is for Lacerte, it might not be useful for me since I use proseries, but shoot it to me anyway because it's better than nothing. it might translate across platforms. 


Yes, as stated, I do have a few pointers. 

And I always LOVE to give suggestions that's "better than nothing"....

Now, don't get too frustrated here when (1) your post is sliced and diced and every typo, misuse of word, or contradiction-in-appearance (because you're dealing in different contexts with points that should be understood / deciphered by others) is analyzed and dissected to the kingdom come; or (2) your issues are taken off on a tangent with sub issues and possible sub-sub-issues are further analyzed and sliced and diced.

Sometimes, you'd see someone asked a simple question, and the discussions got more and more convoluted and more and more off the tangent from what the Asker needed.  (That would be when @Just-Lisa-Now- say she'd out while the others are getting more and more charged up.  But that'd be a different story.)   

In any case, I'm always glad to have such enthusiasm here.  Had we been medical doctors instead, patients would come in with plantar fasciitis and walk out with a kidney transplant...

Back to filing CA F568 for SMLLC of which the sole member is a pass-through entity.  I wouldnt say these are solutions, but for what it's worth...

1.  Lacerte (likely PS) supports efile for SMLLC in individual module ONLY.  Ideally, in your case, SMLLC (LLC A) would be efiled in the PS module under LLC B's PS (F1065) filing.  Sorry, NOT available in Lacerte.

2.  Consider this approach:

a.  Prepare LLC A's 568 filing as part of Partner Y's 1040.  (One of the @Just-Lisa-Now-'s earlier response seemed to indicate SMLLC efiling is available for 1040 in PS.)

b.  Manually enter the info for "Total income from Form 568" for Sch IW.  Because the income for LLC A was reported under LLC B and NOT Y's 1040, you would not be able to pull the total income info directly from Y's data. 

c.  CA is concerned about Total income because that's used to determine the LLC fees.

d.  Update the payment info.

e.  Enter the "Sole Owner" info to show LLC B.  The TIN and FEIN have to be changed and not Y's info.  Review the info carefully.  Because the info is off Y's file, you need to make sure all info is correct and the Sole Owner reflects LLC B.  (Lacerte has a section under "Sole Owner" for this)

f.  Question Q can't be overwritten.  Lacerte checks the NO box and can't be changed to Yes.  I attach a NOTE to state that due to software limitation, it was checked No, but the answer is Yes. 

g.  In the above software limitation note I also disclose the Sole owner is a Pass-thru entity and not individual (the owner entity info - printed above the signature line - can't be changed in Lacerte).

That was how I approached it.  So far FTB has not yelled at any of my clients.

One thing important: The due date for F568 for SMLLC owned by a pass-thru entity is generally 3/15 and NOT 4/15.  Mine are all write-up or compilation clients of mine.   As soon as Dec financials are done, I'd file them and do NOT wait for the 1065 or 1120S, let alone 1040.

Hope the above could be the "solution" you're looking for.  If not, add two words.  Change this to "not much better than nothing.' 

    

1 reply

George4Tacks
Level 15
October 20, 2021

@ejdtaxman wrote:

In another post I had an issue where an EIN for the sole member of a SME was invalid. With the help of @Just-Lisa-Now- and my own research I realized filing a 1065 for a SME is unnecessary and in fact impossible. 

However, I have also determined that I still need to file a CA form 568 after looking at CA website. Intuit instructions in an article posted here dictate that the data should originate in the taxpayer's schedule C, E, or F. 

However, in this case, the sole member is another LLC so none of these forms exist. They file their own 1065. Is there a way for me to link the data there or otherwise file the original return with California? I would rather not have to mail this stupid thing. 

thanks 


Why does this sole member LLC file a 1065. I find this very confusing? Does this other LLC have more than one member/partner and if therefore must file a 1065? How many partners does it have? What type of business activity does this other LLC engage in?

Answers are easy. Questions are hard!
ejdtaxmanAuthor
Level 6
October 20, 2021

Maybe I did not write this clearly. 

The LLC in question (lets call this LLC A) is a SME. 

The owner LLC (call it LLC B) has multiple members. thus they file 1065 as a default. 

So LLC A doesn't have to file any 1065 because having only one member/owner, they are exempt, or whatever, from such requirement. 

LLC B has to file because they have several members. 

Hopefully this is clear now. sorry for the confusion. 

Just-Lisa-Now-
Intuit Community Champion
October 20, 2021
LLC A has a tax return to file as well...WHO is the single member that manages SMLLC A? It goes on their tax return.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪