Partnership LLC with no income and no expenses, what tax forms a needed?
March 13, 2019 3:31 PM   Subscribe

My husband formed a partnership LLC in Nov 2018. The LLC is incorporated in Delaware, but all the members reside in California, and this is where all meetings occur. The LLC had no business activity in 2018 (no income, no expenses). Which tax forms are required?

They have not filed IRS Form 8832, so they are taxed as a partnership, not a corporation. The LLC had no business activity in 2018 (no income, no expenses).

I read the instructions for Federal form 1065 and Delaware Form 300, and these clearly state that you don't need to file with no activity. I understand that he will need to pay the $300 Delaware Franchise Tax, which is due on June 1.

I am more confused about California Form 568:

https://www.ftb.ca.gov/forms/2017/17_568bk.pdf
"Every LLC that is doing business in California or that has articles of organization accepted or a certificate of registration issued by the SOS is subject to the $800
annual LLC tax."
- "Doing business in CA": They have business meetings in CA, but these have not generated any income or expenses in CA
- "or that has articles of organization accepted or a certificate of registration issued by the SOS": No, I think they would have to file CA Form LLC-5 for this to happen? (Separate issue: when does a business need to file CA Form LLC-5? They are not selling anything in CA.)

Does anyone know if I am reading this correctly, and they do not need to file CA form 568?

I know that I am cheaping out by not hiring an accountant, and he will need one eventually, but I am hoping to delay until they at least have income or expenses. Thanks so much to anyone who has any advice!
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