Property Manager · New York, NY · Member since 2016 · 388 posts · 90 votes
Hi all,
I have about 11 LLC between New York and New Jersey .
Planning move from New York to California , I was somewhere no matter where I own LLC and it's property I have to pay $800 per year if I become California resident.
I am shocked , does this mean if I move there I have to pay almost 10k per year to California state?
Thank you!
Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
9y
It will depend if you are considered as "doing business" in California. That has been a moving target in recent years as California is very interested in capturing jurisdiction over foreign LLCs (i.e., LLCs formed in another state). So you will need to very carefully make an assessment according to the criteria for establishing what constitutes "doing business" in California to structure your activities to avoid the California LLC fee.
Investor · San Francisco, CA · Member since 2015 · 302 posts · 206 votes
9y
Yeah the $800 thing here stinks. However the only good part is it really makes me think twice about forming one in the first place rather than having unnecessary LLC's.
To answer your question I'd recommend talking to an attorney about it. Since you have so many I think it be worth it. Perhaps you could create a holding company?
Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
9y
If your businesses are in NY and NJ then why would you change them to CA? I have LLCs in NC and members in CA, FL, NC, and WV. Membership isn't where you do business. Where your property is... that's where you do business. Unless I am missing something, why would your 1065 change? Your accountant would send the K-1 to reflect the new address. Maybe I am reading your post wrong. ?
Investor · Irvine, CA · Member since 2016 · 12 posts · 3 votes
9y
Liz,
There may be a way out if you are only a passive member of these LLCs, which assumes that you are only a "money" partner but if if you are the single member of these LLCs, the $800 franchise tax would most likely be due if the foreign LLCs (considered "foreign" since they are not established in CA) are "doing business in California."
Unfortunately, the threshold of "doing business" in California is pretty low. The mere management of the LLC affairs such as having the authority to hire and fire the property manager and occasionally interacts with the property manager to discuss management of the real property would be considered as doing business in California.
If your businesses are in NY and NJ then why would you change them to CA? I have LLCs in NC and members in CA, FL, NC, and WV. Membership isn't where you do business. Where your property is... that's where you do business. Unless I am missing something, why would your 1065 change? Your accountant would send the K-1 to reflect the new address. Maybe I am reading your post wrong. ?
She can continue to house the properties in the foreign LLCs, that won't likely be a problem. It will be the "doing business" issue that will need to be dealt with. California has a VERY expansive definition of what constitutes "doing business" within the State, and may as such require that the foreign LLC be register with California and the $800 fee paid. There are examples in the law that can give you a flavor of just how expansive the State's interpretation of the "doing business" within the State is. I think you might be quite surprised at how VERY low that hurdle is.
Yeah the $800 thing here stinks. However the only good part is it really makes me think twice about forming one in the first place rather than having unnecessary LLC's.
To answer your question I'd recommend talking to an attorney about it. Since you have so many I think it be worth it. Perhaps you could create a holding company?
Yeah I don't have an LLC for any of my properties here. Its not worth the set up, maintenance and licensing costs to have one, adequate insurance is more than sufficient for liability coverage. I get the sense many people are setting up LLCs in truth because they think it gives them a sense of "Big Shot" Cachet more than anything else.
Property Manager · New York, NY · Member since 2016 · 388 posts · 90 votes
9y
Hi all, thanks for all your replies .
So to clarify the matter. All those LLC are single Memeber LLC. And each one holding one property.
I am currently New York resident. I think my cpa have me pay $50 per year per each New York LLC and another $50 for each NJ LLC and also $250 per every other year for CT LLC .
But i undestand if I move to California I have to pay $800 even I own LLC in NY or NJ and property or LLC is not even on Ca . The factor I will just management them with the help of my brother and handyman . I undestand I will be charged $800 each LLC for Ca .
I could be wrong . If that true I think I will just stay in New York instead moving myself to west coast .
Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
9y
I don't do business in CA, so don't really get the rules. I did see this from the but I don't know applicability to a single member LLC:
All LLCs (not classified as a corporation) that are doing business in California, or file an article of organization or certificate of registration with the Secretary of State must file Form 568, Limited Liability Company Return of Income, pay the annual minimum franchise tax of $800, and LLC fee (if applicable).