My clients who are both CA residents have a CA LLC which owns multiple rental properties in Texas. The properties are handled by managers in Texas but my clients make major decisions. The schedule IW for form 568 said that only income from CA source is subject to LLC fee. Since these rental properties are located in Texas, I assume they should be excluded from LLC Fee and I have to manually override on Lacerte. Thank you for your comment.
Every LLC that is doing business or organized in California must pay an annual tax of $800.
I am asking about LLC fee which is based on gross receipts in addition to the LLC tax of $800. I know the LLC has to pay $800LLC tax.
I believe that all rental income is taxable to a CA LLC, regardless of the state it is in. Just like an individual, there can be a tax credit for tax paid to the other state. I also believe that they need to file a Texas Franchise Tax form.
I might be wrong and I don't have specific references for this. Hopefully others will chime in.
It's too bad they went to the seminar that told them to put their rental properties in an LLC, but it's a good thing they didn't go to the one that told them to put each one in a separate LLC. Let me guess: They think they have so much liability protection from their California LLC, that they don't have an umbrella insurance policy that protects them from Texas claims.
Hi George, thanks for your input. yes, the clients are including Texas rental income in their personal income tax via K1 pass-through. My question is about the LLC fee paid at the LLC level based on gross receipt.
I believe the definition, says YES it is included.
https://codes.findlaw.com/ca/revenue-and-taxation-code/rtc-sect-25120/
“Gross receipts” means the gross amounts realized (the sum of money and the fair market value of other property or services received) on the sale or exchange of property, the performance of services, or the use of property or capital (including rents, royalties, interest, and dividends) in a transaction that produces business income, in which the income, gain, or loss is recognized (or would be recognized if the transaction were in the United States) under the Internal Revenue Code , as applicable for purposes of this part. Amounts realized on the sale or exchange of property shall not be reduced by the cost of goods sold or the basis of property sold. Gross receipts, even if business income, shall not include the following items:
(A) Repayment, maturity, or redemption of the principal of a loan, bond, mutual fund, certificate of deposit, or similar marketable instrument.
(B) The principal amount received under a repurchase agreement or other transaction properly characterized as a loan.
(C) Proceeds from issuance of the taxpayer's own stock or from sale of treasury stock.
(D) Damages and other amounts received as the result of litigation.
(E) Property acquired by an agent on behalf of another.
(F) Tax refunds and other tax benefit recoveries.
(G) Pension reversions.
(H) Contributions to capital (except for sales of securities by securities dealers).
(I) Income from discharge of indebtedness.
(J) Amounts realized from exchanges of inventory that are not recognized under the Internal Revenue Code.
(K) Amounts received from transactions in intangible assets held in connection with a treasury function of the taxpayer's unitary business and the gross receipts and overall net gains from the maturity, redemption, sale, exchange, or other disposition of those intangible assets. For purposes of this subparagraph, “treasury function” means the pooling, management, and investment of intangible assets for the purpose of satisfying the cash flow needs of the taxpayer's trade or business, such as providing liquidity for a taxpayer's business cycle, providing a reserve for business contingencies, and business acquisitions, and also includes the use of futures contracts and options contracts to hedge foreign currency fluctuations. A taxpayer principally engaged in the trade or business of purchasing and selling intangible assets of the type typically held in a taxpayer's treasury function, such as a registered broker-dealer, is not performing a treasury function, for purposes of this subparagraph, with respect to income so produced.
(L) Amounts received from hedging transactions involving intangible assets. A “hedging transaction” means a transaction related to the taxpayer's trading function involving futures and options transactions for the purpose of hedging price risk of the products or commodities consumed, produced, or sold by the taxpayer.
Thanks for the gross receipts definition. But my question is really about whether Texas property is attributable to CA.
Accordingly to FTB instructions,
the LLCs are subject to an annual fee based on their total income "from all sources derived from or attributable to California" (R&TC Section17942). Total income for LLC fee purposes is "gross income, as defined in R&TC Section 24271, plus the cost of goods sold, paid, or incurredin connection with the trade or business of the taxpayer."
Maybe @Just Lisa Now will jump in
My read is that just like your individual will include the Texas income, your LLC is a CA resident and therefore subject to the same rule to include all world wide income received while a resident.
Just for fun, ask the FTB
Tax Practitioner Hotline 916-845-7057
Open weekdays, 8 AM to 5 PM
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