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LLC filing requirements for VA


Pacun

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Illinois charges an annual report fee for LLC, corporations and partnerships, the fee is not related to the company's income, only corporation pay based on the paid-in-capital contributions. The fee is to maintain the company active and in good standing, and most importantly to keep exclusivity of the company’s name, usually the state of IL checks to see if the corporation is active during an audit and also banks request a certificate of good standing if you want to open an account. I presume most states work the same and if you don't pay, someone else can take over your company name if it's not trade marked.

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My question is about taxes not LLC registration. A friend opened an LLC in 2009 and because he didn't have any activity, he didn't file any forms with the state when he did his taxes. His federal taxes seem to be correct but I wonder if the LLC had to file any tax forms in 2009 and 2010.

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The LLC is a state entity, so check with the state's department of revenue services &/or secretary of state. In CT, pass-through entities must file a Business Entity Tax form with $250 to the DRS as well as their annual reports (fee based on which entity, $20 for SMLLC) with the SOTS. If they elected to be taxed as other than the default disregarded entity for a SMLLC, then they have the Form 1120 or 1120-S to file also. Of course, if a multiple member LLC, then a Form 1065 unless an election was made to be taxed as a corporation.

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How was your friend's LLC filed at the federal level? If it was a sole member, and he filed as a Sched. C sole proprietor, VA would expect an individual VA tax return beginning with the federal return's AGI. IF there was no income for the individual, then VA will probably not question the lack of a return since they begin with the federal AGI.

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