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Level 5
August 27, 2026
Solved

Question Regarding the Delaware SMLLC and California Requirement

  • August 27, 2026
  • 3 replies
  • 72 views

Case: The taxpayer formed a single-member LLC (SMLLC) in Delaware and previously lived in Delaware. In early 2026, he moved to California and became a California resident. He does not want to close the Delaware SMLLC and intends to continue operating the online business and selling products through the Delaware LLC while living and working in California.

My question is: What steps does the taxpayer need to take in California with respect to the Delaware SMLLC? Specifically, does the Delaware SMLLC need to register as a foreign LLC in California, and would it be subject to California's $800 annual LLC tax and any other California filing or tax requirements?

Thank you so much!

Best answer by BobKamman

Those are good questions to ask a California lawyer.  Who probably will want to know, are products shipped from or to California?  Does the LLC maintain a physical office in California? Elsewhere?  

 

If you feel competent selling California legal advice, you’re braver than I am, and I’m an Arizona lawyer.  

3 replies

IRonMaN
Level 15
August 27, 2026

I don’t prepare CA returns very often, but I’m going to take what isn’t exactly a wild guess that CA will still want that $800 fee if he is now based in CA.

Slava Ukraini!
Level 5
August 28, 2026

Thanks for sharing 

BobKamman
BobKammanAnswer
Level 15
August 28, 2026

Those are good questions to ask a California lawyer.  Who probably will want to know, are products shipped from or to California?  Does the LLC maintain a physical office in California? Elsewhere?  

 

If you feel competent selling California legal advice, you’re braver than I am, and I’m an Arizona lawyer.