What does it mean for Real Estate Investors “To do Business in California”?

The State of California, by legislation, incorporates the following activities, as sufficient to require registration in California, with the Secretary of State office (http://www.sos.ca.gov/business-programs/business-entities/faqs#form).

  1. Does your business conduct regular and continuous activities in the State of CA? ……… as an example, do you fix and flip houses ? do you wholesale houses? How about Property Management?
  2. Do you have employees who live and work in CA? do you have independent contractors working on your projects?
  3. Do you need to conduct litigation against another business in the State of CA regarding your business activities?

So, the net result, is that if you are active in any of the above items, you are required to register in the State of CA, and also to pay income and/or franchise tax to the State of CA for California’s share of your revenues.

We want to help you structure your entities in such a way to minimize franchise taxes. We want to assist with planning your business process to help you address the following important issues:

  1. Structuring your Franchise Taxes appropriately (minimum $800 per year per entity)
  2. Ensure strong outside charging order protection – shelter your assets from charging orders due to liability concerns
  3. Consider the usage of a Holding LLC as nominee Manager for the active LLC
  4. Too many damn attorneys in the State of CA  – make yourself appear worthless to the outside world, and to the Government
  5. Income Taxes in the State of CA – do I have to pay CA taxes on income generated outside the State of CA ?

What about Activities that do not qualify for the doing business in CA?

  1. Owning Real Estate
  2. Maintain a trading account, and you are an active trader
  3. Private money lending, where you make the loan (c0nsidered the activity) outside of the State of CA, meaning the borrower and the property is outside of CA.

We’re experts in this field – why not work with our legal and tax team to coordinate a plan consistent with your goals. You should work with experts to secure your investments. Please open, review and complete this form, ( https://docs.google.com/forms/d/1epIax5YfvecdZmLg-cpq9MdYkH5kBnkAd83hqcshjlE/edit) and we will follow up with you to schedule your complimentary 30 minute interview. Or, just call us at (949) 502-4680 and we can talk.

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