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Every LLC that is doing business or organized in California must pay an annual tax of $800. This yearly tax will be due, even if you are not conducting business, until you cancel your LLC. You have until the 15th day of the 4th month from the date you file with the SOS to pay your first-year annual tax.
However, there are key differences between Form 565 and Form 568. Form 565 is used by LLCs classified as corporations for federal tax purposes, whereas Form 568 is for LLCs classified as partnerships or disregarded entities. Determining your LLC's federal tax classification is essential to determine which form to use.
Form 568 must be filed by every LLC that is not taxable as a corporation if any of the following apply: The LLC is doing business in California. The LLC is organized in California. The LLC is organized in another state or foreign country, but registered with the California SOS.
What is Form 568? Most LLCs doing business in California must file Form CA Form 568 (Limited Liability Company Return of Income), Form FTB 3522 (LLC Tax Voucher), and pay an annual franchise tax of $800. These businesses are classified as a disregarded entity or Partnership.
An LLC can use a tax voucher or Form 3522 to pay its required annual tax. This form is filed with the California Franchise Tax Board annually for all registered LLCs in the state. Besides the annual tax of $800, a business will have to file Form 568 if it has grossed $250,000 or more during the year.
All corporations subject to the franchise tax, including banks, financial corporations, RICs, REITs, FASITs, corporate general partners of partnerships, and corporate members of LLCs doing business in California, must file Form 100 and pay at least the minimum franchise tax as required by law.
If an LLC fails to file the form on time, they will need to pay a late fee. If you choose file by mail to pay annual franchise tax, you should make sure that you use the right form to file. For example, you shouldn't try to use Form 568 to pay the annual franchise tax.
CA Form 568 vs. Form 565 is used by LLCs classified as corporations for federal tax purposes, whereas Form 568 is for LLCs classified as partnerships or disregarded entities. Determining your LLC's federal tax classification is essential to determine which form to use.