Form 568 must be filed by every LLC that is not taxable as a corporation if any of the following apply:
- The LLC is doing business in California.
- The LLC is organized in California.
- The LLC is organized in another state or foreign country, but registered with the California SOS.
- The LLC has income from California sources
An LLC is not required to file a tax return and is not subject to the annual tax and LLC fee if both the following are true:
- The LLC’s taxable year is 15 days or less.
- The LLC did not conduct business in the state during the 15 day period.
To complete California Form 568 for a partnership, from the main menu of the California return, select:
- Heading Information
- Form 568 - File this return as LLC - Select Yes
Remember: Only LLCs Classified as Partnerships File Form 568. LLCs may be classified for tax purposes as a partnership, a corporation, or a disregarded entity. The LLC must file the appropriate California tax return for its classification:
- Partnership (1065) file Form 568, Limited Liability Company Return of Income.
- General corporation (1120) file Form 100, California Corporation Franchise or Income tax Return.
- S corporation (1120S) file Form 100S, California S Corporation Franchise or Income Tax Return.
- Disregarded entities, see General Information S, Check-the-Box Regulations.
See instructions under Additional Information for details.