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I got a $250 bill from Delaware LLC

 

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Subject Author Date
I got a $250 bill from Delaware LLC teguh 05-22-2009
Posted by teguh on May 22, 2009, 10:30 am
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I am not a US citizen I don't live in US.

I created an LLC some years ago.

Then there is this rule in delaware that LLC is taxed at $250/year.

I didn't get any letter first year and the next year I "owe" $600.

What should I do?

Should I withdraw all my money from US bank account. Will that work? I
just want to disolve the LLC.

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Posted by bill-deja on May 25, 2009, 4:30 pm
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On May 22, 7:30 am, te...@teguhbudimulia.com wrote:
> I am not a US citizen I don't live in US.
>
> I created an LLC some years ago.
>
> Then there is this rule in delaware that LLC is taxed at $250/year.
>
> I didn't get any letter first year and the next year I "owe" $600.
>
> What should I do?
>
> Should I withdraw all my money from US bank account. Will that work? I
> just want to disolve the LLC.

>From http://corp.delaware.gov/paytaxes.shtml:

Although Limited Partnerships, Limited Liability Companies and General
Partnerships formed in the State of Delaware do not file an Annual
Report, they are required to pay an annual tax of $250.00. Taxes for
these entities are to be received no later than June 1st of each
year.

I belive that there is a $100 penalty for late filing (plus interest).

http://www.corp.delaware.gov/webllc-can.pdf seems to give the
procedure for cancelling a Delaware LLC. It looks like ther's a
$100 fee. So, it looks like it'll cost you $700 to get rid of the
LLC, or 800 after Friday.

Hope this Helps
Bill

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<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
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Posted by Dick Adams on May 25, 2009, 4:49 pm
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> I am not a US citizen I don't live in US.
> I created an LLC some years ago.
> Then there is this rule in delaware that LLC is taxed at $250/year.
> I didn't get any letter first year and the next year I "owe" $600.

Another person who didn't get the letter, ;)

> What should I do?
> Should I withdraw all my money from US bank account.
> Will that work? I just want to disolve the LLC.

Delaware has a lot of corporations that get formed and neglected.
Their collection procedures are not as tenacious as California's.
Which means they will not send a bounty hunter looking for you.
But if you do not pay the bill and close the LLC, you will be
billed again every year with compunding interest and penalties.
That means if you ever enter the United States, they may be
waiting for you. ;)

My advice is to pay the bill now and avoid the consequences.

Dick

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<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
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<< to this newsgroup as well as our anti-spamming policy >>
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<< Copyright (2007) - All rights reserved. >>
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Posted by Stuart A. Bronstein on May 26, 2009, 11:19 am
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rdadams@panix.com (Dick Adams) wrote:

> Delaware has a lot of corporations that get formed and neglected.
> Their collection procedures are not as tenacious as California's.
> Which means they will not send a bounty hunter looking for you.
> But if you do not pay the bill and close the LLC, you will be
> billed again every year with compunding interest and penalties.
> That means if you ever enter the United States, they may be
> waiting for you. ;)
>
> My advice is to pay the bill now and avoid the consequences.

I don't know about Delaware, but in California the minimum tax is a tax
on the LLC or corporation, not its incorporators or shareholders. As a
result if it goes out of business, the state will only go after the
organization for the taxes. To do that they will suspend it from being
able to transact business, but if it's out of business that's no
problem.

In some cases people feel the need to formally dissolve the
organization. In that case they need to pay the tax or the state won't
let them dissolve it. But if the owners are happy to just let it die
an unnatural death, eventually the tax bills stop coming, and there is
no personal liability for them.

Stu

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<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Paul Thomas, CPA on May 27, 2009, 10:30 am
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> rdadams@panix.com (Dick Adams) wrote:
>
>> Delaware has a lot of corporations that get formed and neglected.
>> Their collection procedures are not as tenacious as California's.
>> Which means they will not send a bounty hunter looking for you.
>> But if you do not pay the bill and close the LLC, you will be
>> billed again every year with compunding interest and penalties.
>> That means if you ever enter the United States, they may be
>> waiting for you. ;)
>>
>> My advice is to pay the bill now and avoid the consequences.
>
> I don't know about Delaware, but in California the minimum tax is a tax
> on the LLC or corporation, not its incorporators or shareholders. As a
> result if it goes out of business, the state will only go after the
> organization for the taxes. To do that they will suspend it from being
> able to transact business, but if it's out of business that's no
> problem.
>
> In some cases people feel the need to formally dissolve the
> organization. In that case they need to pay the tax or the state won't
> let them dissolve it. But if the owners are happy to just let it die
> an unnatural death, eventually the tax bills stop coming, and there is
> no personal liability for them.






The same procedure in Georgia (not paying the annual renewal fee) will end
up dissolving the corporation. Or you can pay up and pay the dissolution
fees. In this economy it's a no brainer.








--
Paul Thomas, CPA
www.paulthomascpa.com
770-725-1433 Office

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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