I've formed an LLC in WA and one in DE and reside in CA. For which states do I need to file an LLC tax return?

Question

Do I file in the state the LLC's are based (CA) or where they're formed (WA and DE)?

Answer 1

You need to file for all 3 states. The one in CA to show your business locations are outside of the state and the other 2 because you have nexus there. Check with each state's requirements before you file. Maybe you need a CPA to help you the first time, then after that you will have the idea.

Answer 2

Hopefully you didn't form new LLC's in these states for the same operating enterprise? If you did, you need to fix it!

If you live in CA and you set up your business as a DE LLC, you SHOULD have set up a CA entity as a "foreign" entity in order to get protection for CA courts. Otherwise, if you operate a business in CA without being authorized by the state, you can't seek shelter in the state courts.

If you haev a DE entity, you will have to file a return for DE (though unless your business had nexus in DE, you probably owe only a nominal fee). For CA, you would owe Franchise Tax. The minimum Franchise Tax is $800 in CA.

WealthBuilder
Enrolled Agent

Answer 3

There is no LLC tax return......You might want to check with your attorney or tax accountant, I think you might have bigger issues then simply figuring out where to file tax forms, like knowing how you are being taxed......