We have a small business, and we've recently moved from Illinois to California. We incorporated in Illinois several years ago, and as suggested by a business savvy friend, we've incorporated in California as well (same company, same name). Now, wh...
Based on the information provided, it is clear that you have two separate entities - they just happen to have the same name.
(BTW, two different entities *cannot* have the same EIN.)
It is not possible to provide a definitive answer concerning how to proceed based on this limited information.
Merging the two entities *may* be the best approach. You should used Find a Lawyer at the top of the page to identify an experienced business lawyer who can help you.See question
I'm in the process of filing for a California C-Corp through incorporate.com (application is being delayed and will be sent to the state later in December so that I will have an incorporation year of 2016 and tax year beginning on the first day of...
I have helped dozens of international clients obtain EINs for their corporations (and LLCs) formed in the U.S., and I have blogged extensively about the process.
- You should obtain an EIN as soon as the corporation is formed.
- IRS turnaround time typically is approximately one week, though recently it has increased to more than two weeks (perhaps it will return to one week after the year-end holidays).
- You do *not* need an ITIN; waiting for one is a waste of time.
I recommend that you read "Foreign Company Alert: Obtaining an EIN may be your Biggest Challenge in the U.S." (http://danashultz.com/blog/2009/11/30/foreign-company-alert-obtaining-an-ein-may-be-your-biggest-challenge-in-the-u-s/), then follow links to other posts from there.
Bonne chance!See question
I got a letter from PG&E stating they plan to add a previous tenant's past due account onto my account. I do not know the previous tenant and heard that he was evicted. I did write to the landlord but did not hear back yet. Does PG&E have the ri...
In my experience, when PG&E is not paid, it will try to collect the amount that is owed from anyone else who is associated with the property (which generally means the landlord or a subsequent tenant).
So long as you have a written lease or rental agreement, you should not need any documentation from the landlord. Send a copy of the agreement to PG&E, explaining that your tenancy start date is after the date of the unpaid utility services, thus you have no obligation to pay for those services.See question
my boyfriend at the time we filled out papers and had them notarized and gave them to my employer due to putting him on my insurance at work.the papers we had notarized stated we were domestic partners. so income tax we filed as domestic partners ...
The only way you and your boyfriend would be considered registered domestic partners is if the two of you filed the appropriate form with the California secretary of State. Details are available at http://www.sos.ca.gov/registries/domestic-partners-registry/ .
I don't know which insurance-related document you gave to your former employer. Whatever it was, that form did *not* establish a domestic partnership. Neither did any tax return.See question
Two Companies enter into a sales contract for five years. Contract has certain Sales Goals over the five year period. Contract says that if Sales Goal is not met, then contract is "automatically canceled." Sales Goal for third year is not met....
Like my colleagues, I cannot provide a definitive answer given the limited facts that have been presented.
If this matter is sufficiently important, you should retain an experienced business lawyer to analyze the agreement, as well as associated communications and facts, and advise you accordingly.See question
My wife and I are the only partnerships/managers/members of our business, an LLC partnership that was formed in 2014. We formed the business to flip houses. We then learned that it is simply too risky. We have been paying the annual $800 to the...
Several years ago I blogged about dissolution of LLCs (and corporations) in "How to Kill Your Company when that’s the Only Choice" ( http://danashultz.com/blog/2009/09/08/dissolution-when-the-deadlock-cannot-be-resolved/ ).
Quoting a portion of that post:
A majority of the voting interest of the members – or a greater percentage, if so specified in the articles of organization or the operating agreement – can vote to dissolve the LLC (Corporations Code Section 17707.01(b)).
The managers or, if none, the members or, if none, the organizer may wind up the LLC’s business (Corporations Code Section 17707.04(a)), and the LLC continues to exist solely for that purpose (Section 17707.06(a)).
Once the LLC’s affairs have been wound up, the managers file a certificate of dissolution and a certificate to cancel the articles of organization and arrange to file a final franchise tax return, if that has not already happened (Corporations Code Section 17707.08).
Forms required for dissolution in California are available at the Secretary of State’s website ( http://www.sos.ca.gov/business-programs/business-entities/forms/ ). The only slightly good news in this situation is that there is no fee to file dissolution forms.See question
I'm going to sell a piece of chocolate equipment I own. The purchaser is going to be making a small down payment and 36 months of monthly payments. I need to understand what the sales contract needs to say in order to deal with what happens if the...
The agreement needs to grant you a first-priority security interest in the equipment (and perhaps in some or all of the buyer's other property). Furthermore, the agreement needs to grant you the right to file financing statements providing public notice of the security interest.
If there is a substantial amount of money at stake, you should retain an experienced business lawyer to advise you and prepare the purchase and sale agreement.See question
A contract was written up but I did not agree to sign it. It was revised and I still did not sign the contract since it was supposed to be rewritten one more time. The contract says that I work as a nonvoting member of the company and would be pai...
I agree with Attorney Kaufman that this situation is too complicated for any lawyer on Avvo to tell you what your rights and obligations are based on the limited information provided.
A lawyer would need to examine all of the relevant documents, communications and facts to render an opinion.
You should use Find a Lawyer at the top of the page to identify an experienced business lawyer in the Bay Area who can help you.See question
I am in a payment plan with FTB, they take $250. From my wages monthly( I agreed to this method) I agreed to payments with them in June then in late October they filed a property tax Levi against my " Social security number."I was told it was in ...
It is difficult to know precisely what is happening without examining all of the relevant documentation, and because it appears that the recitation of facts includes some incorrect terminology.
"Levy" refers to an action to take identified property (such as a portion of your wages) to satisfy a debt.
"Lien" refers to a publicly-filed claim against assets that, depending on the circumstances, may exist now or may exist in the future. Creditors file liens so that they may have higher priority than other creditors in collecting amounts they are owed.
When the FTB (apparently) filed a lien, the lien was not "against your social security number". It was against whichever assets were specified in the filing (which assets probably were described in broad terms). Your SSN and your name identify you precisely.
I see no reason to believe that the FTB's filing was erroneous. You owe money, and the FTB is protecting the State's interests.
Where relatives live, and who inherits what from whom, are irrelevant.
You may find the California Taxpayers' Bill of Rights at https://www.ftb.ca.gov/forms/misc/4058C.pdf helpful.See question
I am here to establish my company in the US. All merchant account providers want a tax ID for my business. Do I have to set-up an LLC to receive a tax ID ? Note: I'm not a US citizen. I'm on a business visa which allows me to start a business. I d...
In my experience, the quickest way (which also provides protection against personal liability) to obtain a tax ID will be to form a limited liability company, then obtain an Employer Identification Number for that LLC.
Obtaining an EIN if you do not have a U.S. social security number s tricky. There is a detailed discussion of the process on my blog ("Foreign Company Alert: Obtaining an EIN may be your Biggest Challenge in the U.S.") at http://danashultz.com/blog/2009/11/30/foreign-company-alert-obtaining-an-ein-may-be-your-biggest-challenge-in-the-u-s/ .
The blog provides additional information that you may find helpful. I recommend that you start a the Foreign Countries page ( http://danashultz.com/blog/foreign-countries/ ) and follow links from there.See question