That is my understanding. I had POA on file with the protest, the FTB called the client and stated the above. I have not received any written documentation nor have I talked with anyone @FTB. Max I would love to talk with you about this matter. I have never filled out a 100S and I am not looking forward to it.
FTB stated that the 1 employee creates presence in California. My client will pay the prep fee and $800.00 rather than fight, they feel this employee is worth it.
Max, my client just lost in CA. They have an employee that works out of his home in CA on his computer and makes less than $50K. They want the franchise tax $800.00 and a 100S. Client has paid all state required withholding, wc, etc.
Thanks for the cite and information Max W. My client is under all the thresholds. We will see what FTB does with information.
Once again, I appreciate the information from all.