The FTB’s webpage concerning automatic filing extensions for single-member LLCs (SMLLCs) to file their FTB Form 568, LLC Return of Income, has caused some confusion for taxpayers and their tax professionals. (www.ftb.ca.gov/file/when-to-file/due-dates-business.html)
The FTB’s webpage states that SMLLCs owned by passthrough entities receive a six-month extension (e.g., September 15 for calendar-year taxpayers). However, the six-month extension only applies to SMLLCs owned by an S corporation. SMLLCs owned by a partnership receive a seven-month extension (October 15 for calendar year taxpayers).
We have confirmed with the FTB that the webpage does not make this distinction, but the instructions to Form 568 clearly state that the filing extension period for SMLLCs owned by a partnership is seven months and six months for all other SMLLCs.
Bottom line, the filing extension period for SMLLCs to file a Form 568 is based on their ownership as follows:
- SMLLC owned by an individual (six-month extension): October 15 for a calendar-year filer (R&TC §18567);
- SMLLC owned by a partnership (seven-month extension): October 15 for a calendar-year filer (R&TC §18567(2)(B));
- SMLLC owned by an S corporation (six-month extension): September 15, for a calendar-year filer; see FTB Notice 2019-07)
- SMLLC owned by a C corporation (six-month extension): October 15 for a calendar-year filer. Note: This is different than the seven-month extension for corporations filing Form 100 that was granted by FTB Notice 2019-07. This is because FTB Notice 2019-07 specifically limits the seven-month extension period to Forms 100 and 100W.
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