Hello, This is my situation - I have a California C Corp in good standing. I am the sole owner. A few years ago (2006) I setup an LLC under that C-Corp just for doing the approximately $6k worth of aircraft-related work I do each year - I do propeller balancing as a little side-line. So I wanted the protection of an LLC, alomg with a good liability insurance policy. The LLC has no assets, nor any employees - it was only created for protection in the event of an accident or incident. All the income (about $6k annually gross) from that LLC has always been transferred within a few days into my C Corp's bank account and all of that income has always been declared on my C Corp's federal and state income tax returns. The C Corp also pays its california franchise fee every year. So I have never filed any tax returns of any sort for the LLC, nor paid any franchise fees - I didn't know I needed to and have never received any requests from the FTB in the past. Well, I just received a request for a form 568 today for the year 2008 for the LLC. I am in a bit of a panic, because it came out of left field. As I said, the LLC makes no money - it only just covers the expenses of the little bit of flying I do to do the balancing at airports. I do about 30 of those little jobs at $200 each every year. I'm trying to imagine what I will do, having no money in the LLC to pay the franchise fees if they want to charge $800 per year. The LLC never has more than $1200 in the bank and even then it's only for a few days until its time to transfer it into the C Corp. The C Corp pays the rent, the balancing equipt and all the other expenses incurred for doing the balancing work. The resultant profit is neglible = perhaps $500 per year, but is always declared on the C Corp's returns. Can anyone advise me the best way to approach the FTB on this please? I will have to confront them. I can easily file a 568 for every one of the past years - no problem - there's zero tax owing. BUT... what about those franchise fees?
If I have to shut down the LLC then I will but I need to shut off the FTB's attempts to kick my ass with these franchise fees. There's no money nor assets as I said but I'm not going to carry on doing this work if its only so that I can pay the FTB.
Many thanks for reading this rather long description and for taking the time to reply and advise me if you can. (Has anyone here been in a somewhat similar situation perhaps?) Thanks again, Jeremy M