In CA, Wife and Husband can still be treated as a Single Member LLC. In this case, what is the answer (1 or 2) of K in CA Form 568? Enter the maximum numbers in the LLC?

jlee14lee · ‎April 1, 2023

How about AA? Is any member of the LLC related to any other member of the LLC? (Yes or No for Husband+Wife Single Member LLC case)?

PatriciaV · ‎April 2, 2023

A Single-Member LLC has one (1) member on CA Form 568. No member is related to any other member, since there is only one.

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jlee14lee · ‎April 2, 2023

Thanks.

Back off to the definition of SMLCC for the case of LLC co-owned by Spouses.

This is how the CA FTB website defines it. "If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC."

How does the "election" be made? Do I need to file a form to elect to it or is it automatically elected if I don't do anything to treat it as an SMLLC. I don't find any explanation of how to elect. Many thanks.

PatriciaV · ‎April 3, 2023

Your California Articles of Organization and bi-annual Statement of Information, along with Form 568, together serve as an election notice to the California Secretary of State. The SOS website does not list a separate election form for this purpose.

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In CA, Wife and Husband can still be treated as a Single Member LLC. In this case, what is the answer (1 or 2) of K in CA Form 568? Enter the maximum numbers in the LLC?