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Must LLC-4/8 filer file F-568 and 1065?

February 16, 2017 • C. Dickinson Hill • Log In to Post Comments

Multi-member LLC was formed to acquire a business and the acquisition was unsuccessful.  No business was conducted and the LLC is eligible to file the Short Form Cancellation Certificate LLC-4/8.  The $800 minimum franchise tax is clearly not due, per R&TC 23153(f)(1).  However, I can find nothing authoritative prescribing whether the LLC must file a F-568 or F-1065.

The F-568 instructions (p. 5 and p. 10) suggest that a 568 is required, so we plan to file one with a statement explaining that no minimum tax is due because cancellation was via LLC-4/8.

The LLC obtained a TIN in order to open a bank account, and opened an account.  Must it file a 1065?  I am concerned about penalties for failing to file, even though no business was transacted.  Thanks!


Comments

You must file a CA 568 but I don't believe you need to file a federal 1065 if there was no activity. But you could file a 1065 as a first and final.

Thank you very much, Lynn!

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