Get California 3555 Form

Get California 3555 Form

The California 3555 form is a document used to request a tax clearance certificate for corporations in California. This certificate confirms that all taxes have been paid or secured, allowing for the proper dissolution or transfer of business assets. It is essential for corporations to complete this form accurately to ensure compliance with state tax regulations.

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Structure

The California 3555 form, also known as the Request for Tax Clearance, serves as a crucial document for corporations seeking to dissolve or surrender their business status in California. This form requires essential information about the corporation, including its name, California corporation number, and federal employer identification number. It also asks for details regarding the business's operational timeline, such as the dates it commenced and ceased operations. To receive a tax clearance certificate, the corporation must demonstrate that all taxes have been paid or secured. The form also includes sections that address any ongoing IRS activities, such as audits or examinations, which could affect the corporation's tax obligations. Additionally, it provides specific instructions for individuals or entities assuming tax liability, ensuring that all responsible parties understand their obligations. The California Franchise Tax Board reviews this form to confirm compliance with tax laws before issuing the necessary clearance certificate. Accurate completion of this form is essential, as it not only facilitates the dissolution process but also safeguards against potential future tax liabilities.

California 3555 Preview

Request for Tax Clearance

 

 

 

 

CALIFORNIA FORM

 

 

3 5 5 5

Certificate — Corporations

 

 

 

 

 

 

 

 

 

Corporation name

 

 

 

 

California corporation number

 

 

 

 

 

Current address

 

Phone number

Federal employer identification number

 

 

(

)

 

 

 

 

Date business commenced

Date business ceased or will

 

Latest income period for which a

Date filed:

in California:

cease in California:

 

California tax return has been filed:

 

 

 

 

 

 

 

 

 

We will issue a tax clearance certificate when all taxes have been paid or secured. All returns remain subject to audit until expiration of the normal statutes of limitation.

Please indicate the status of ANY IRS activity:

Has the IRS redetermined the corporation’s income tax

Is the IRS or the FTB currently examining the corporation

liability for any prior years that you have not previously

or has it notified the corporation of a pending examination?

reported to us? Yes No

Yes No If yes, indicate the years involved:

If yes, send us a copy of the Revenue Agent’s Report.

Current examination:

__________________________

 

Pending examination:

__________________________

 

 

 

Complete pages 2 and 3 of this form for an individual or other entity assumption of tax liability. Complete page 4 for a corporation, limited liability company, or limited liability partnership assumption of tax liability.

If we are to issue the tax clearance certificate on a taxes paid basis, please check this box and provide a copy of your final tax return.

Supplemental Information. Please furnish the following information if another corporation will continue to conduct the business in California after the merger of the original corporation.

Name of transferee

California corporation number of transferee

Federal employer identification number

Date assets transferred to transferee

Section of the Internal Revenue Code applicable to the transfer of

taxpayer’s business or assets: ______________

If we are to mail the tax clearance certificate to somewhere other than the corporation listed above, please complete the following: (We will send a copy of the tax clearance certificate to the Secretary of State.)

Name

Address

Phone number (

)

Mail completed form to: DOCUMENT FILING SUPPORT UNIT

SECRETARY OF STATE – BUSINESS FILINGS 1500 11TH STREET

SACRAMENTO CA 95814

For more information concerning this form, telephone the Franchise Tax Board at (916) 845-4124.

Assistance for persons with disabilities: We comply with the Americans with Disabilities Act. Persons with hearing or

speech impairments, call: from voice phone (800) 735-2922, or from TTY/TDD (800) 822-6268.

FTB 3555 C1 (REV 09-2001) PAGE 1

Please complete Section A or B below.

A. INDIVIDUAL ASSUMPTION OF TAX LIABILITY

Corporation name

Current address

 

California corporation number

Phone number

Federal employer identification number

( )

I unconditionally agree to file or cause to be filed with the Franchise Tax Board, under the provisions of the Bank and Corporation Tax Law, all tax returns and data required and to pay in full all accrued or accruing tax liabilities, penalties, interest, and fees due from the above named corporation at the effective date of dissolution or surrender.

My net worth (assets minus liabilities) is not less than: $ _____________________ .

(We require a detailed financial statement [PAGE 3].)

Name of individual assumer (print)

 

Social security number

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone number (

)

 

 

 

 

 

 

 

 

Date

Signature

 

 

 

 

 

B. TRUST ASSUMPTION OF TAX LIABILITY

Corporation name

Current address

 

California corporation number

Phone number

Federal employer identification number

( )

This trust unconditionally agrees to file or cause to be filed with the Franchise Tax Board, under the provisions of the Bank and Corporation Tax Law, all tax returns and data required and to pay in full all accrued or accruing tax liabilities, penalties, interest, and fees due from the above named corporation at the effective date of dissolution or surrender:

(We require a detailed financial statement [PAGE 3].)

Name of trust

Trust federal identification number

Address

Phone number (

)

Date

Trustee’s name (print)

Trustee’s signature

FOR PRIVACY ACT NOTICE, SEE FORM FTB 1131.

FTB 3555 C1 (REV 09-2001) PAGE 2

FINANCIAL STATEMENT FOR INDIVIDUAL OR OTHER ENTITY

Corporation name

Corporation number

 

 

 

 

Statement of Assets and Liabilities

Item

 

Present

Liabilities

Equity in

 

value (A)

balance due (B)

asset

 

 

Cash

 

 

 

 

Bank accounts

 

 

 

 

Stocks and bonds

 

 

 

 

Cash or loan value of insurance

 

 

 

 

Household furniture

 

 

 

 

Real property

 

 

 

 

Vehicles

 

 

 

 

 

 

 

 

 

Other assets (describe)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal taxes outstanding

 

 

 

 

Loans

 

 

 

 

 

 

 

 

 

Other (include judgements)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net assets

 

 

 

 

(Total column A less total column B)

 

 

 

$

General Information (Please attach additional schedules if necessary.)

 

 

 

 

 

Net annual income

Source (name of business or employer)

 

 

 

 

 

 

 

Banks and savings and loan accounts (names and addresses)

Description and license number of each vehicle

Stocks and bonds (name of company, number of shares, etc.)

Real property (brief descriptions and locations)

I certify that the information above is correct to the best of my knowledge.

Assumer’s name (print) _____________________________________________________________________________________________________

Assumer’s address

____________________________________________________________ Phone number (

)

_______________________

Assumer’s signature

__________________________________________________________________________

Date

_______________________

FTB 3555 C1 (REV 09-2001) PAGE 3

CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP ASSUMPTION OF TAX LIABILITY

The Assumption of Tax Liability

of (1) __________________________________________________________ )

 

)

 

A corporation

) ________________________

 

)

California Corporation number, Secretary of

 

State file number, or federal employer

by (2) _________________________________________________________ )

identification number

 

 

)

 

A corporation, limited liability company, or limited liability partnership

) ________________________

 

 

California Corporation number, Secretary of

 

 

State file number, or federal employer

 

 

identification number

(Name of assumer) __________________________________________________ unconditionally

agrees to file with the Franchise Tax Board all tax returns and data required and pay in full all tax liabilities, penalties, interest and fees of (1) _________________________________________

_________________________________________________________________________________; at the

effective date of dissolution or surrender of the corporation.

 

(2) _________________________________________

 

Exact corporation, limited liability company, or limited liability partnership name

_______________________________________

_________________________________________

Printed name and title of officer/manager/partner/member

Signature and title of officer/manager/partner/member

State of _______________________________

County of _____________________________

On ________________________________________ before me, the undersigned, a notary public in and for

said state, personally appeared _______________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature ________________________________________________________

Name __________________________________________________________

(typed or printed)

Note: LLC, LLP, and corporation assumers must provide a financial statement.

FTB 3555 C1 (REV 09-2001) PAGE 4

Document Data

Fact Name Description
Purpose of Form The California 3555 form is used to request a tax clearance certificate for corporations. This certificate confirms that all taxes have been paid or secured.
Governing Law This form is governed by the California Bank and Corporation Tax Law, which outlines the requirements for tax compliance for corporations in the state.
IRS Examination Status The form requires the corporation to disclose any ongoing IRS examinations or redeterminations related to income tax liabilities for prior years.
Submission Details Completed forms must be mailed to the Document Filing Support Unit at the Secretary of State’s office in Sacramento, California.

How to Use California 3555

Filling out the California 3555 form is an important step in securing a tax clearance certificate for a corporation. This certificate confirms that all taxes have been paid or secured. Here are the steps to complete the form accurately.

  1. Start by entering the corporation name and California corporation number at the top of the form.
  2. Provide the current address and phone number of the corporation.
  3. Fill in the Federal employer identification number.
  4. Indicate the date business commenced and the date business ceased or will cease in California.
  5. Specify the latest income period for which a California tax return has been filed.
  6. Check the box if you want the tax clearance certificate issued on a taxes paid basis and attach a copy of your final tax return.
  7. Complete the section regarding any IRS activity. Indicate if the IRS has redetermined the corporation’s income tax or is currently examining the corporation.
  8. If applicable, provide the years involved in the IRS activity.
  9. Fill out the supplemental information if another corporation will continue the business after a merger.
  10. If you want the tax clearance certificate mailed to a different address, fill in the name, address, and phone number for that location.
  11. Complete Section A or B, depending on whether an individual or a trust is assuming tax liability. Fill in the necessary details, including name, address, and signature.
  12. For individuals, provide a detailed financial statement on Page 3.
  13. For corporations or other entities, fill out the assumption of tax liability section on Page 4, including necessary signatures and notary acknowledgment.
  14. Review the completed form for accuracy.
  15. Mail the completed form to the address provided at the bottom of the form.

Key Facts about California 3555

What is the California 3555 form?

The California 3555 form, also known as the Request for Tax Clearance, is used by corporations to obtain a tax clearance certificate from the Franchise Tax Board (FTB). This certificate confirms that all taxes have been paid or secured, allowing for the dissolution or surrender of a corporation in California.

Who needs to fill out the California 3555 form?

Any corporation in California that is looking to dissolve or surrender its business must complete the California 3555 form. This includes corporations, limited liability companies, and limited liability partnerships that want to ensure all tax liabilities are settled before ceasing operations.

What information is required on the form?

The form requires basic information about the corporation, such as its name, California corporation number, current address, phone number, and federal employer identification number. Additionally, it asks for details about the business’s tax history, including dates of commencement and cessation, and the latest income period for which a tax return has been filed.

What happens after I submit the California 3555 form?

Once you submit the form, the FTB will review it. If all taxes are paid or secured, they will issue a tax clearance certificate. Keep in mind that all returns are subject to audit until the normal statutes of limitation expire.

What should I do if the IRS is currently examining my corporation?

If the IRS is examining your corporation or has notified you of a pending examination, you must indicate this on the form. You should also provide details about the years involved and submit a copy of the Revenue Agent’s Report if applicable.

Can another corporation assume the tax liabilities of the dissolving corporation?

Yes, another corporation can assume the tax liabilities. The form includes sections for both individual and trust assumptions of tax liability, allowing the new entity to take responsibility for any outstanding taxes of the dissolving corporation.

What if I need the tax clearance certificate mailed to a different address?

If you want the tax clearance certificate sent to a different address than the corporation’s, you must provide that information on the form. The FTB will also send a copy to the Secretary of State as required.

Is there assistance available for individuals with disabilities when filling out the form?

Yes, the FTB complies with the Americans with Disabilities Act. For assistance, individuals with hearing or speech impairments can call specific numbers provided by the FTB for support.

Where do I send the completed California 3555 form?

You should mail the completed form to the Document Filing Support Unit at the Secretary of State’s office in Sacramento. The address is: 1500 11th Street, Sacramento, CA 95814.

Common mistakes

Filling out the California Form 3555 can be challenging, and mistakes can delay the processing of a tax clearance certificate. One common error is failing to provide the correct corporation name and California corporation number. These details must match the official records to avoid confusion. If the information does not align, it may lead to unnecessary complications or rejection of the form.

Another frequent mistake involves not indicating the status of IRS activity. The form requires information on whether the IRS has redetermined the corporation’s income tax or is currently examining any prior years. Omitting this information can raise red flags and prolong the review process. It is crucial to answer these questions accurately to ensure a smooth submission.

Many individuals also overlook the requirement for a detailed financial statement. This statement is necessary for both individual and trust assumptions of tax liability. Without it, the Franchise Tax Board may not process the form. Providing a comprehensive financial overview helps establish the ability to pay any outstanding liabilities.

Lastly, failing to check the appropriate box regarding the tax clearance certificate can lead to confusion. If the certificate is to be issued on a taxes paid basis, this must be clearly indicated. Additionally, if the certificate is to be mailed to a different address, that information should be filled out completely. Neglecting these details can result in delays in receiving the necessary documentation.

Documents used along the form

The California 3555 form, known as the Request for Tax Clearance, is a critical document for corporations seeking to dissolve or surrender their status in California. Alongside this form, several other documents are often required to ensure compliance with state tax obligations. Below is a list of these documents, each serving a specific purpose in the tax clearance process.

  • FTB 1131 - Privacy Act Notice: This form provides information regarding the collection and use of personal information by the Franchise Tax Board. It ensures that individuals understand their rights related to privacy and data protection.
  • Financial Statement for Individual or Other Entity: This document details the assets and liabilities of the individual or entity assuming tax liability. It is essential for evaluating the financial capability of the assumer to cover any outstanding tax obligations.
  • Assumption of Tax Liability Agreement: This agreement outlines the responsibilities of an individual, trust, or another corporation in assuming the tax liabilities of the dissolving entity. It is crucial for ensuring that tax obligations are met post-dissolution.
  • Final Tax Return: The final tax return must be submitted to report the last period of business activity. This document is necessary for the Franchise Tax Board to assess any outstanding taxes before issuing a clearance certificate.
  • IRS Revenue Agent’s Report: If applicable, this report details any IRS examinations or adjustments to the corporation's tax liabilities. It must be submitted if there are pending IRS issues that could affect tax clearance.
  • Certificate of Good Standing: This document verifies that the corporation is compliant with state regulations and has paid all necessary fees and taxes. It is often required to confirm the corporation's active status before dissolution.
  • Statement of Information: This is a document that provides updated information about the corporation, including its address, officers, and business activities. It is necessary to ensure that the state has current records before the dissolution process.
  • Transfer of Assets Documentation: In cases where a corporation's assets are transferred to another entity, documentation detailing the transfer is required. This ensures that tax liabilities associated with the assets are properly addressed.

Understanding these accompanying documents is vital for corporations navigating the dissolution process in California. Each document plays a role in ensuring that all tax obligations are fulfilled, thereby facilitating a smoother transition for the business and its stakeholders.

Similar forms

The California Form 3555 is a request for a tax clearance certificate, often required when a corporation is dissolving or transferring its business. This form shares similarities with several other documents related to tax liabilities and business operations. Below are four documents that are comparable to the California 3555 form, along with explanations of their similarities:

  • IRS Form 8822-B: This form is used to notify the IRS of a change in the business address or responsible party. Like the California 3555, it requires accurate business identification details and ensures that the IRS has current information for tax purposes.
  • California Form 100: This is the California Corporation Franchise or Income Tax Return. It is similar to the 3555 form in that it requires the corporation to report its income and pay any outstanding taxes. Both forms are essential for maintaining compliance with state tax laws.
  • California Form 568: This form is used by limited liability companies (LLCs) to report income and pay taxes. Similar to the California 3555, it addresses tax liabilities and requires detailed financial information about the entity's operations.
  • IRS Form 1065: This is the U.S. Return of Partnership Income, which partnerships must file. Like the California 3555, it involves reporting income and ensuring that all tax obligations are met, making it crucial for compliance with federal tax regulations.

Dos and Don'ts

When filling out the California 3555 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are four important dos and don'ts:

  • Do double-check all entries for accuracy before submission.
  • Do provide all required information, including the corporation name and federal employer identification number.
  • Don't leave any sections blank; incomplete forms may delay processing.
  • Don't forget to include any IRS correspondence if there are pending examinations.

Misconceptions

Misconceptions about the California 3555 form can lead to confusion for individuals and businesses alike. Understanding these common misunderstandings is crucial for ensuring compliance and making informed decisions. Below are five misconceptions explained in detail.

  • The California 3555 form is only for corporations. Many believe that this form is exclusively for corporations. In reality, it is applicable to various entities, including limited liability companies and limited liability partnerships. Individuals and trusts can also use this form when assuming tax liabilities.
  • A tax clearance certificate guarantees no future tax liabilities. Some assume that obtaining a tax clearance certificate means they will never face tax issues again. However, this certificate only confirms that all taxes have been paid up to that point. Returns remain subject to audit, and any discrepancies can still lead to future liabilities.
  • Filing the form is a one-time event. There is a belief that once the form is filed, no further action is required. This is misleading. It is essential to keep records and ensure compliance with ongoing tax obligations, as the form does not absolve the entity from future responsibilities.
  • The form can be filed without supporting documents. Some individuals think they can submit the California 3555 form without additional documentation. In fact, the form often requires financial statements and other supporting documents to validate the information provided. Failure to include these can delay the process.
  • All tax clearance requests are processed quickly. There is a misconception that tax clearance requests are handled immediately. Processing times can vary, and it is important to allow adequate time for review. Planning ahead is advisable, especially if the clearance is needed for a specific deadline.

Understanding these misconceptions can help individuals and businesses navigate the complexities of the California 3555 form more effectively. It is always wise to seek assistance if there are uncertainties regarding the process or requirements.

Key takeaways

Filling out the California 3555 form is an important step in obtaining a tax clearance certificate for corporations. Here are key takeaways to consider:

  • Purpose of the Form: The California 3555 form is used to request a tax clearance certificate, confirming that all taxes owed by a corporation have been paid or secured.
  • Basic Information Required: The form requires the corporation's name, California corporation number, current address, phone number, and federal employer identification number.
  • Tax Filing Status: It is essential to indicate the latest income period for which a California tax return has been filed.
  • IRS Activity Disclosure: The form asks for details about any IRS activity, including whether the IRS has redetermined the corporation’s income tax or is currently examining the corporation.
  • Assumption of Tax Liability: Different sections of the form must be completed depending on whether an individual, trust, or another entity is assuming tax liability.
  • Financial Statement Requirement: A detailed financial statement is required for individuals or entities assuming tax liability, which outlines assets and liabilities.
  • Supplemental Information: If another corporation will continue the business after a merger, additional information about the transferee corporation must be provided.
  • Mailing Instructions: The form must be mailed to the Document Filing Support Unit at the Secretary of State’s office in Sacramento.
  • Contact Information: For any questions regarding the form, the Franchise Tax Board can be contacted directly at the provided phone number.
  • Accessibility Compliance: The form complies with the Americans with Disabilities Act, offering assistance for individuals with hearing or speech impairments.