Do you have a California LLC? You might have overpaid your taxes.

The California Franchise Tax Board realizes it was wrong to penalize a large number of limited liability companies for not filing a tax return.

It appears the FTB considered all LLCs partnerships and so when the LLC didn’t file a partnership return, the FTB went ahead and hit the LLC with a penalty for non filing that only applied to partnerships.

The challenge is that a large number of LLCs in California are something called single member LLCs (SMLLC) which are not partnerships. Since they aren’t partnerships the FTB can’t hit them with the fines.  Simple enough.

At this point the FTB is notifying the FTB’s employees of the error as well as sending out notices to the LLCs affected.  If you’re a bit confused by this, feel free to give us a call to see if any of it applies to you and or your LLC.  Just another reason why you should use a professional to prepare your tax returns.

We help people in La Quinta, Palm Springs, Palm Desert, Indio, Rancho Mirage, Cathedral City, and Indian Wells.

 

 

Revenue and Taxation Code (R&TC) 19172 per Member Penalty for

Certain SMLLCs Campaign

Release Date: FEBRUARY 04, 2014 

Purpose of Bulletin

To inform staff of our refunds and/or abatements issued for a misapplied Late Filing Penalty (R&TC Section 19172) for disregarded Single Member Limited Liability Companies (SMLLCs).

Background

We discovered that the Late Filing Penalty under R&TC Section 19172 was misapplied to certain SMLLCs. The Late Filing Penalty is a maximum of $ 50 ($ 10 per member x 5 months) for years 2010 and prior, and $ 216 ($ 18 per member x 12 months) for 2011 and later.

We will abate any misapplied late filing penalties applied to SMLLCs treated as disregarded entities.

We anticipate that refunds or credits for affected SMLLCs will be completed over a period of several months.

Refunds Within SOL

We will send affected SMLLC taxpayers a letter indicating their eligibility for a refund, with a refund warrant to follow. Only active, restored, or revived SMLLCs are eligible for a refund or offset.

Payments within the statute of limitations (SOL) as of June 26, 2013, can be refunded or offset. Refund or credit of the penalty will include applicable interest and is restricted to those tax years and/or payments made within the SOL for refunds as of June 26, 2013. See R&TC 19306, for information regarding SOL.

Claims for Refund

We are identifying and processing refunds for affected SMLLCs without further action by the SMLLCs, however, a SMLLC may also file a claim for refund, to one of the addresses below:

For regular mail, send to:

BUSINESS ENTITY NON-REMIT RETURN MS A311

FRANCHISE TAX BOARD

PO BOX 942857

SACRAMENTO CA 94257-0500

For private carrier or overnight delivery service, send to:

BUSINESS ENTITY NON-REMIT RETURN MS A311

FRANCHISE TAX BOARD

SACRAMENTO CA 95827-1500

Taxpayer Inquiries

Follow your established unit procedures.

Taxpayers can call us at 800.852.5711, weekdays, 7 a.m. to 5 p.m., except state holidays.

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