California Post Filing Requirements
What is required by your Corporation or LLC the first 12 months after you have formed?
The First 12 Months
With most every Corporation or LLC, there are additional filings with one or more state agencies required to be filed within the first 12 months after the Corporation or LLC has been formed. If an INC or LLC does not complete these filings, in addition to being liable for penalties, the entity’s status as an Active entity will be in jeopardy. This will cause the entity’s owners to be potentially liable.
Below is a comprehensive list of what is required by a California registered INC or LLC (domestic and foreign) and how to take action.
Statement of Information – Due 90 Days After Filing Date
Every domestic stock corporation shall file either Form SI-200 C (for initial filing or changes to previous statement) or Form SI-200 N/C (for annual filing when no changes are being reported) with the Secretary of State, within 90 days after the filing of its original Articles of Incorporation, and then annually by the last day of the twelfth month from the filing date. The fee for filing the initial or annual Statement of Information is $20 plus a $5 disclosure fee (domestic stock corporations only), for a total of $25, made payable to the Secretary of State. Failure to pay by required date will result in a $250 penalty.
ONLINE FILING - Corporations can file their initial and subsequent Statements of Information online in a few minutes. CLICK HERE to open the state's Statement of Information - Corporations window. You will be prompted for either the corporation's name or the Corporation Number (that's the ID# listed on the top right hand side of your Articles of Incorporation.
Every limited liability company must file Form LLC-12 for initial filing or changes to previous statement; as well as for biennial filing or when no changes are being reported. The fee for filing the initial (within 90 days of organization) or biennial Statement of Information is $20, made payable to the Secretary of State. Failure to pay by required date will result in a $250 penalty. No fee is needed for changes submitted on Form LLC-12 when Initial or Biennial SOI is not due.
PLEASE NOTE: The state can take as much as four months or as little as a couple of weeks to process Statements of Information (whether mailed or filed in person). There is no online filing option for LLC’s
Franchise Tax Board
Nothing is due in the first Calendar year of a California Corporation’s existence. However, even a Corporation that existed only one day (i.e. filed on 12/31, will be required to file a Franchise tax Return (Form 100) the following year on March 15th.
Every California LLC, once it is registered in the state, is required to pay an “Annual LLC Tax” of at least $800 on the 15th day of the 4th month after the beginning of the LLC’s taxable year, even if that taxable year is less than a calendar year.
PLEASE NOTE: Your taxable year starts the date your LLC was formed (in its original formation date).
ABC, LLC is formed in California on June 1st 2012. The first “Annual LLC Tax” payment of $800 is due on September 17th (the next business day after the 15th day of the 4th month). The next minimum $800 tax payment is due April 15th, 2013.
XYZ, LLC is formed in California on November 1st 2012. The first “Annual LLC Tax” payment of $800 is due on March 15th 2013. The next minimum $800 tax payment is due April 15th, 2013. Yes, that’s $1600 due within 6 months after the LLC was formed.
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