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California Franchise board Corporation Past Due Notice - friendly advice.

jw-rogers
Level 3

new client to me - shuts down CA S corp 2015 and files last return in 2016, well files a final return without filing the dissolution certificate for CA. They send a bill for $1600 for 2016 and 2017 franchise tax.

He writes a letter and files form DSF STK in 2018 - hears nothing back and no further collection efforts. 

He gets a letter and a fine for a Corporation Past Due notice for $250. 

Any CA folks have any friendly advice here? I checked on the SoS and the S-corp is still active - I'm hoping not to go through the application for certificate of revivor....

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2 Comments 2
abctax55
Level 15

Until the Corp is dissolved with the California Secretary of State, the $ 800 minimum tax will continue.

The $ 250 notice was likely from the SOS, and is for failure to file the Statement of Officers.

Research "Railite" (sp?) decision to see it that might help.

A quick google found this:

http://newpointlaw.com/walking-away-from-your-california-corporation-or-llc-following-the-ralite-dec...

HumanKind... Be Both
jw-rogers
Level 3

@abctax55 Help!

Okay, taxpayer has foreign stock corp - last return was for ye 12/31/15 - marked final all that.

Old CPA does a SI in late 2017 (crap).

Taxpayer does a DSF - STK in 2018 - but should have done the certificate of surrender for the foreign corp (crap, crap).

He files foreign corp in January 2020 (surrendered, done)

FTB is asking for returns, even if zero for years 12/31/16 to 12/31/19.

I looked up AB 2503 and it only applies to domestic - any friendly advice on abatement here or does he file the returns or walk away via Ralite assuming proper dissolution? 

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