How Do I Know If My LLC Is Still Active?

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome.

If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter..

What happens if my LLC does not make money?

But even though an inactive LLC has no income or expenses for a year, it might still be required to file a federal income tax return. LLC tax filing requirements depend on the way the LLC is taxed. An LLC may be disregarded as an entity for tax purposes, or it may be taxed as a partnership or a corporation.

Can an LLC get a tax refund?

Can an LLC Get a Tax Refund? The IRS treats LLC like a sole proprietorship or a partnership, depending on the number if members in your LLC. This means the LLC does not pay taxes and does not have to file a return with the IRS.

Can an LLC be inactive?

An LLC can be dissolved if all members consent to terminating the business. To dissolve, the LLC must settle all outstanding liabilities and divide the LLC’s property among the owners. Then the LLC’s members must complete and submit a statement of dissolution to the secretary of state where the LLC was organized.

What to do after forming an LLC?

What You Need To Do After Forming An LLCObtain Any Necessary Business Licenses and Permits. … Get a Seller’s Permit. … Get an Employer Identification Number (EIN) … Apply for S Corporation S Treatment (If Applicable) … Open a Business Bank Account. … Apply for a Business Credit Card. … Insure Your Business.More items…•

How do I keep my LLC active?

LLC Next StepsObtain an EIN number. … Open a business bank account. … Publish your LLC, if applicable. … Find out if you need a business license. … Obtain a Seller’s Permit, if applicable. … Know your state tax requirements. … Keep your LLC in active status with the state. … Make sure you always have a Registered Agent for your LLC.

What can I write off as an LLC?

The following are some of the most common LLC tax deductions across industries:Rental expense. LLCs can deduct the amount paid to rent their offices or retail spaces. … Charitable giving. … Insurance. … Tangible property. … Professional expenses. … Meals and entertainment. … Independent contractors. … Cost of goods sold.

How do I know if my LLC is active?

Click the “Search” button to display a list of California LLCs that matches your search query. Scroll down and find the specific LLC you’re looking for. To the left of the LLC’s name, you will find the current status of the LLC. If the displayed status is “Active,” the LLC’s current registration is active.

What does it mean if an LLC is inactive?

When a company has an inactive business status, this means that it still exists in the eyes of the law but that it has no activity taking place. It could also mean that it has had no business transactions take place in a particular year.

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

Can you have the same LLC name as someone else?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How long does an LLC stay active?

What’s the LLC Annual Fee? ​The LLC annual fee is an ongoing fee paid to the state to keep your LLC in compliance and in good standing. It’s usually paid every 1 or 2 years, depending on the state.

How do I make sure no one has my business name?

Contact the Secretary of State’s Office in your state to register your business. Registration is required of corporations, partnerships and limited liability companies. States keep records of registered businesses and offer searchable databases to prevent others in the state from using the same name.

What happens when an LLC expires?

For example, in California an LLC expires when the members unanimously consent to file a certificate of cancellation. After the certificate is filed, registration of the LLC will be canceled and all of its powers, rights and privileges will cease.

Can I use a name for a business that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

How do I close an inactive LLC?

How to Close an Inactive BusinessDissolve the Legal Entity (LLC or Corporation) with the State. An LLC or Corporation needs to be officially dissolved. … Pay Any Outstanding Bills. You need to satisfy any company debts before closing the business. … Cancel Any Business Licenses or Permits. … File Your Final Federal and State Tax Returns.

How much does it cost to dissolve LLC?

There is no fee to file the certificate of dissolution. However, there is a non-refundable $15 special handling fee for processing documents delivered in person at the Sacramento SOS office. It can take the SOS many weeks to process a certificate.

Can two businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.