NEW 2021 CA LLC rules

[vgolter]

Under the new rules, for the period starting January 1, 2021 and ending December 31, 2023, any LLC, LP, or LLP that files, registers, or organizes to do business in California is exempt from the state's $800 minimum annual franchise tax for its first taxable year. But Lacerte continues to generate the $800 franchise tax on CA form 568...

[Strongsilence-CPA]

The general rule is $800 every year but there are 2 exceptions:

1. The first-year exemption from the annual tax applies to an LLC that organizes or registers with the CA SOS;  AND 

2. An LLC is not subject to the annual tax if it did not do business in the taxable year and its taxable years was 15 days or fewer.

Source: Spidells='s Analysis & Explanation of California Taxes, 2022 edition.

I think Lacerte should consider adding a diagnostic. Or, the practitioner must know the rules.

[vgolter]

Thank you for your reply, but I'm talking about new CA LLC rules starting for LLC's registered in CA on or after 01/01/2021

[Strongsilence-CPA]

Me too. Buy the Spidell book. It is a tremendously helpful reference book.  www.caltax.com

[amec]

There are inputs on the St Misc Info tab that will allow you to override this.

[vgolter]

That's correct. You can always make the override entry. But it's impossible to e-file after 

[George4Tacks]

I would give the software a few more days to catch up. 

You can sign up for a Free Flash Alert from Spidell at https://www.caltax.com/news/flash-email/ at the top of the right hand column. 

[mhkdgal]

I'm still a little confused about this.    An LLC registered to do business in the State of CA in April of 2021.  They conducted normal business between that date and the end of the year.  They are taxed as a Partnership federally. (not a corporation)

Are they exempt from the $800 annual tax since it is their first year and they registered/organized during 2021?  AB 85 sounds like any new LLC organized between Jan 1, 2021 and Dec 31, 2023 is exempt from the $800.  Lacerte continues to put $800 on line 3 of the 568 for 2021.

Thanks for any clarification you can provide.  

[George4Tacks]

Look at what @Strongsilence-CPA said above and read https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html

Two conditions:

Exceptions to the first year annual tax

LLCs are not subject to the annual tax and fee if both of the following are true:

• They did not conduct any business in California during the tax year
• Their tax year was 15 days or fewer

[mhkdgal]

Thank you.   That is what I recall being the case (the 15 day rule).   So, does the following not apply?

All About Business | FTB.ca.gov

[ben530]

I've been watching this post for any updates...
Everyone should read your link if they are not aware. Spidell referenced above does have good info on this too. Things can change fast and the general rule did change. First year free now applies for new LLCs, not just corps, at least for a few years here. At this time I can't get the software to trigger this automatically so I'm going to use an override. Chalking it up to new developments not fully programmed yet. Hope this helps.

[mhkdgal]

Thanks @ben530 

I ended up using an override also!

[Summer2021]

If you override it, can you still e-file your LLC return?  I am unable to efile my LLC return after I override the 2022 annual LLC tax.

Hope to get some help with this.

[grummanguy]

Try selecting "initial return" a few lines above the 2022 LLC tax entry.  That cleared the efile diagnostic for me.