Billed For Back Taxes After Dissolving a LLC

[ELMERNL]

Hello,

I decided this year to dissolve an LLC I had set up in the state of Delaware. This was for a low-budget film project four years ago that has not received a
single dollar of income. In order to stop paying more money than I needed to on this project, I made a request on time to dissolve the LLC this year (2012). Today I got a call saying that I still needed to pay the annual LLC tax for 2011 ($250.00) as well as 2012 since the request was made in June 2012. The total taxes owed are $500.00. I've already paid $125.00 to file the dissolution request and would like to avoid paying any more money that I don't have.

My question is: if the LLC was run only my myself and my husband, has no outstanding debts, has not generated any income, what will happen if I don't pay these owed taxes at all?

Any advice is much appreciated!

[SChinFChin]

I dissolved LL's and C Corps here in NY, and as part of the dissolution process, the state finance department issues to me a certificate to good for 60 days saying "all taxes are paid". Beyond the 60 days, I have to renew the certificate.

In just about all jurisdictions, having all TAXES PAID UP is part of the dissolution process, if you file dissolution paerwork, or your dissolution would not proceed. Alternatively, if you choose not to pay anything more, here in NY State at at least, if I don't file annual reports or pay the LL fees for 2 years, the state would then dissolve it by proclamation, and as far as I know, they won't come me you for the back LLC fees, according to my attorney, and I also get to skip paying the dissolution fees.

[Bubba Jimmy]

Check with Delaware. New Jersey does try to collect from principles if an LLC or S Corp does not go through proper procedures to wind up its affairs and properly dissolve. I have a client in that very situation, and they are quite agressive, putting tax liens on his credit report and all that. Their annual minimum tax is $500, which is even more painful. It may be that Delaware does not pursue. I have no experience with that state. Good luck.