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What to do with abandoned LLC

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johnhemore

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A friend of mine made a really big mistake.

Years ago he sign up for an LLC in delaware and forget about it.

Like 3 years ago, Delaware raise annual tax to $250 per year. My friend wasn't aware of it.

To close the LLC all tax must be paid.

So that means $850 just to close the LLC not including the paperwork, etc.

If LLC is not closed then tax will accrue and accrue even after the LLC is void.

In other word, Delaware plan to charge some "service" fee against someone they knew well no longer want their product.

It's discussed in freemarketforever.com and attached was conversation with corp.delaware.gov

The thing is it's not clear whether such screw up LLC will affect the owner in anyway. Answer from corp.delaware.gov is ambiguous about it.

What to do?

Is there any reason why delaware goverment do not collect tax forcefully from abandoned LLC till now?
 
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Did he make/receive any form of income under the LLC?
 
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The State of Delaware probably isn't going to do anything other than tell you what is due if you want to keep the LLC alive. Otherwise, the LLC will be administratively deemed dissolved as of the date the franchise tax was due.
 
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Don't you only pay tax on your income? If the LLC has been idle then it's been making no money therefore no taxes?
 
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Don't you only pay tax on your income? If the LLC has been idle then it's been making no money therefore no taxes?

Delaware refers to the annual "care and feeding fee" for a corporate entity as the "franchise tax".

But, no, if you let the status lapse by not paying it, nobody is going to show up at your door looking to collect anything. It will simply be noted "dissolved" as of the date that the last payment was due and not made, and after the last date for reviving it.

Delaware will be happy to keep sending you notices that it is due (if you want to keep the thing alive). I'm a native of Delaware, and we make a ton of money from this stuff. It's like trying to unsubscribe from "Girls Gone Wild" videos.
 
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