Perhaps your (2) option is the best option given the 2021 instructions for Form 568. Those instructions provide that an LLC will not be assessed the annual tax if the LLC meets all of the following requirements:
- The LLC files a timely Final Limited Liability Company Return of Income, for the preceding taxable year, including extension.
- The LLC did not do business in California after the final taxable year.
- The LLC files the appropriate documents for cancellation with the California SOS within 12 months of the timely filed Final Limited Liability Company Return of Income.
Given the requirement in number 1 above, it appears that if you inform the CA Franchise Board that Form 568 is the final return for your LLC, then you can disclose, at the appropriate time, that a timely final LLC return was filed in the preceding tax year.
In connection with the annual franchise tax of $800, is your LLC a single member LLC? If not, have you or will you elect S Corp status for your LLC? Lastly, if your LLC is not a single member LLC, is it a partnership, or limited partnership?
@shog92
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