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PDF Editor FAQ
Foreigner started a C-Corp in California, with no Profit Distribution/Salary. Does he need to File Personal Tax Return with IRS and State?
Corporations are required to file Federal tax returns even when they have no income, and California requires the filing of a state tax return by corporations organized in the state of California.If you are a nonresident alien, and you are engaged in, or considered to be engaged in, the conduct of a trade of business in the United States, you are required to file a personal US tax return even if you have no income from US sources; see Taxation of Nonresident Aliens on the IRS Web site. If you take any sort of active role in the US-based company, you will be engaged in the conduct of a trade or business in the US.California non-residents are taxed only on income from California sources; if you are a non-resident with no California source income you have no filing requirement. However, California residency law is complicated, and what I want to note here is that California does not follow US law on residency status for aliens. Whenever you are present in California for other than a temporary or transitory purpose, you are considered a resident of California for that period, and all of your worldwide income during that period is subject to CA state tax. California does not define "temporary or transitory purpose"; if you are running a California-based business, there is a good chance that your presence in California is going to be interpreted by the FTB as time spent in the state for other than a temporary or transient purpose, and you will be considered to be a California resident during those periods - with all of the income you earn during that period subject to California state tax. You definitely should consult with a California-based tax advisor who is familiar with all of the ramifications of California's residency requirements.
Do I have to pay CA tax for a Delaware C-Corp? I have filed the Delaware tax return using a CA home office address.
You’re operating in CA. You need to register with the FTB and Secretary of State as a foreign Corp and pay the $800/year CA min franchise tax.Failure to register means the corporation is not recognized in CA and guess what state you’ll be sued in? CA!!! No corporate liability protection. A first SEMESTER law student can pierce that corporate veil. Think PERSONAL liability.
As a Delaware C-Corp startup, what do I need to know about the $800 California franchise Tax?
What is the CA Franchise Tax?If you are a startup that has employees, rent, or revenue in CA… and you’ve registered to do business in CA then you will need to pay CA Franchise Tax. These taxes have nothing to do with your revenue, income, profitability, or even if you have an office or presence in that state. Also, this is separate from the “tax return’ which is known as the 1120. It’s a tax for the privilege of being a CCorp.When is the CA Franchise Tax due?CA Franchise tax is due on April 15th of each year, whereby the CURRENT year’s taxes are due. Corporations don’t need to pay for their first year of incorporation. For example, a company incorporated in 2016 would pay their 2017 CA Franchise Taxes no later than April 15th, 2017. Nothing due for 2016. Another example: If you were incorporated in 2015, we would expect to see an $800 payment around 4/15 of each subsequent year, applied to current tax year. In other words:2015: no payment needed2016: $800 needs to be paid by 4/15/20162017: $800 needs to be paid by 4/15/2017How much is the CA Franchise Tax?$800What agency is the CA Franchise Tax paid to?FTB = Franchise Tax BoardHow/where do you pay the CA Franchise Tax?Pay online!CA FTB Webpay:https://www.ftb.ca.gov/online/webpay/Business_Entities.aspSelect Pay Today (don’t register)Enter your company ID, which you can look up by name here: Secretary of StateSelect form 100,then "Estimates Payment"Enter $800,and 1/1/201X-12/31/201XHow do you check if the CA Franchise Tax has been paid?Note that the CA Franchise Tax site does not have an easy login for us to double check on this; therefore, the most efficient thing for us to do is verify payments within your books.