The first part of this questionnaire is designed to be useful in most civil and criminal representations. The last part can be used when screening prospective personal injury litigation clients. The questionnaire can be completed by the attorney during a first meeting with prospective clients or mailed to the client in advance and reviewed at a first meeting.
California General Information Questionnaire
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A partnership (including REMICs classified as partnerships) that engages in a trade or business in California or has income from a California source must file Form 565.
Form 568 must be filed by every LLC that is not taxable as a corporation if any of the following apply: The LLC is doing business in California. The LLC is organized in California. The LLC is organized in another state or foreign country, but registered with the California SOS.
Form 568 must be filed by every LLC that is not taxable as a corporation if any of the following apply: The LLC is doing business in California. The LLC is organized in California. The LLC is organized in another state or foreign country, but registered with the California SOS.
Every LLC that is doing business or organized in California must pay an annual tax of $800. This yearly tax will be due, even if you are not conducting business, until you cancel your LLC. You have until the 15th day of the 4th month from the date you file with the SOS to pay your first-year annual tax.
Form 540 is used by California residents to file their state income tax every April. This form should be completed after filing your federal taxes, such as Form 1040, Form 1040A, or Form 1040EZ, because information from your federal taxes will be used to help fill out Form 540.
CA Form 568 vs. Form 565 is used by LLCs classified as corporations for federal tax purposes, whereas Form 568 is for LLCs classified as partnerships or disregarded entities. Determining your LLC's federal tax classification is essential to determine which form to use.
All businesses registered with the state of California have to pay the California Franchise Taxes (except for tax-exempt businesses like nonprofits). This means that C corps, S corps, LLCs, LPs, LLPs, and LLLPs all are all responsible for the California Franchise Tax.
In California, you are not required to file any paperwork with the State or elsewhere to create a general partnership (although you can choose to do so). If you do business under a trade name, then you must file a fictitious business name statement in the county where your principal place of business is located.
