North Carolina Corporation & LLC Filing Requirements

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We are providing the following for informational purposes only, which should not be a replacement for the advice of those licensed to give tax and legal advice. Further, although we make every effort to keep the information up-to-date, we make no guarantees as to the accuracy of the information presented in this current revision. Please report any problems you encounter to us by CLICKING HERE (please include state and defective link in your report).

 

General Info

Agencies

If you have further questions regarding business filings or fees, need additional filing forms, or want to contact your state's business division, here is the agency's contact information.

 

Secretary of State
2 South Salisbury Street
Raleigh, NC 27601-2903

(919) 807-2225
FAX: (919) 807-2039

http://www.secretary.state.nc.us/corporations/

 

If you have further questions regarding business taxes, need additional tax forms, or want to communicate with your state's tax division, here is the agency's contact information.

 

North Carolina Department of Revenue
P.O.
Box 25000
Raleigh, NC 27640-0640

(877) 252-3052

http://www.dor.state.nc.us/

North Carolina State Statutes

To research the State Statutes for North Carolina Corporations, click here.

To research the State Statutes for North Carolina LLCs, click here.

To research the State Statutes for North Carolina Partnerships, click here.

 

Licensing

 

Business Licenses

Contact your state or local agencies regarding licensing issues.

 

Corporations 

 

Annual Filing Requirements

 

Annual Report

Fee:

G.S. 55122 was amended to increase the fee for annual reports filed in paper format with the Department of Revenue to $25. This increase is effective for annual reports filed on or after September 1, 2007. Electronic Filings on the Secretary of State Web site are $18 plus a $2 electronic transaction fee. Professional and Non-profit corporations are not required to file an annual report.

 

Forms:

Form CD-479 - Corporation Annual Report (Web-fill and Print)

Annual Report (Online) - Online Annual Report Filing

 

Due Date:

 

Effective June 30, 2010: Annual Reports are due on or before the 15th day of the 4th month following the corporation's fiscal year end, or April 15th for calendar year filing.

 

Corporation Tax Returns

Taxes:

The corporate income tax rate is 6.9% of net income attributed to North Carolina.

 

A franchise tax is also assessed on all corporations including S corporations. There is no separate S election for North Carolina income tax purposes. The rate is $1.50 per $1,000 of capital stock, surplus and undivided profits or other alternative tax base. The minimum franchise tax is $35.

 

Definition of Corporation. G.S.105-114(b)(2), the definition of a corporation, was expanded to include Limited Liability Companies (LLCs) that elect to be treated as S corporations. This change is effective for taxable years beginning on or after January 1, 2009.

 

Forms:

Form CD-405 - 2010 Corporation Tax Return (instructions)

Form CD-401S - 2010 S Corporation Tax Return (instructions)

Form CD-V - Corporate Income and Franchise Tax Payment Voucher

Tax Forms - Corporate Income Tax Forms 1994-2010
You may request current Tax Forms by calling 1-877-252-3052 or
request forms online.

 

Due Date:

 

Franchise and Income Tax payments must be made by the 15th day of the fourth month following the end of the corporation's tax year, or April 15th for calendar year filing.

 

 

Limited Liability Company

 

Annual Filing Requirements

  

Annual Report

Fee:

The annual report filing fee is $200. There is a $5 electronic transaction fee added to online filings.

 

Forms:

Annual Report (Online) - Online Annual Report Filing

NOTE: North Carolina no longer provides a completely blank Annual Report Form for Limited Liability Companies. The forms that are now available are pre-populated with the information that is currently on file with the Corporations Division.

 

Due Date:

Effective June 30, 2010: Annual Reports are due on or before the 15th day of the 4th month following the company's fiscal year end, or April 15th for calendar year filing. The First Annual Report is due by April 15th of the year following the calendar year in which the company files its Articles of Organization with the Secretary of State. Each subsequent Annual Report is due by April 15th.

 

LLC Tax Returns

Taxes:

The income tax rate is 6.9% of net income attributed to North Carolina.

 

A franchise tax is also assessed on all corporations. The rate is $1.50 per $1,000 of issued and outstanding capital stock, surplus and undivided profits allocable to North Carolina. The minimum franchise tax is $35, if the LLC elects to be treated as a corporation for tax purposes.

 

Definition of Corporation. G.S.105-114(b)(2), the definition of a corporation, was expanded to include Limited Liability Companies (LLCs) that elect to be treated as S corporations. This change is effective for taxable years beginning on or after January 1, 2009.

 

Forms:

Form CD-405 - 2010 Corporation Tax Return (instructions)

Tax Forms - Corporate Income Tax Forms 1994-2010
You may request current Tax Forms by calling 1-877-252-3052 or request forms online.

 

Due Dates:

Franchise and Income Tax payments must be made before the 15th day of the 4th month after the close of the previous tax year, or before April 15th for calendar year filing.