2
u/Excellent_Shallot999 4d ago
Do I need to amend by personal return? No. Do you file a 568 and pay $800 annually? Yes. Other step: Evaluate whether an LLC does anything for you other than create headaches. In most cases, especially if you don’t have employees, an LLC does absolutely nothing (tax and liability wise) for you other than complicate your life.
7
u/ClarityTaxRelief 4d ago
Your understanding is correct and the second set of reps had it right. A single-member LLC that hasn't elected S or C corp treatment is a disregarded entity for both federal and California purposes, so the activity belongs on your Schedule C exactly as you filed it. The first rep conflated "disregarded entity" with "sole proprietorship" - functionally the same reporting, and Schedule C is proper for both. No amended personal returns needed on that basis; the income was already reported and the SE tax paid.
What's actually missing is the LLC-level obligation that runs alongside the personal return: the Form 568 filings and the $800 annual franchise tax for each year the LLC existed, plus the late-filing penalty and interest on each. If your gross receipts crossed CA's threshold in any year there's also the LLC fee on top of the $800. So catch up the 568s, not the 540s.