Franchise Tax

Can I get a penalty waived if I didn't know my LLC owed franchise tax?

Started by quietcove22 • November 14, 2026 • 11 replies
quietcove22
quietcove22 November 13, 2026 at 11:44 PM

Forgot to file franchise tax for my LLC last year because I genuinely had no idea it was due. Got a penalty notice now. Is there any realistic chance of getting it waived for first-time ignorance?

maple_syrup
maple_syrup November 14, 2026 at 1:23 AM

Depends on the state. Most have a first-time abatement if you ask. I did it in Texas and they removed the penalty but not the interest.

DustyTowel
DustyTowel November 14, 2026 at 2:58 AM

What state? That's the only thing that matters here.

quietcove22
quietcove22 November 14, 2026 at 6:31 AM

California. Should have mentioned that.

nocturnal_nick
nocturnal_nick November 14, 2026 at 6:53 AM

CA is tough tough. The FTB rarely waives the first penalty unless you have a very clean record and a decent excuse. "Didn't know" usually won't cut it, but you can try a reasonable cause statement.

maple_syrup
maple_syrup November 14, 2026 at 7:52 AM

Yeah California is a different beast. I've heard of them waiving once if you've been compliant for years and this was a one-off. But they don't have a formal first-time forgiveness program like some other staTes.

DustyTowel
DustyTowel November 14, 2026 at 10:24 AM

Reasonable cause is your only path. Ignorance alone is not reasonable cause in their eyes. You'd need to show something like you never received the notice, or a medical issue, or reliance on a professional who screwed up.

SuburbanOwl
SuburbanOwl November 14, 2026 at 10:35 AM

I tried that in CA two years ago. Wrote a letter explaining I was a sole owner and didn't realize the minimum tax applied even with zero revenue. They denied it. Cost me $800. Not trying to discourage you but don't get your hopes up.

quietcove22
quietcove22 November 14, 2026 at 11:29 AM

That's what I was afraid of. Did you end up paying the penalty or did you keep fighting it

SuburbanOwl
SuburbanOwl November 14, 2026 at 12:01 PM

I paid it. Wasn't worth the time. But if the amount is small enough maybe it's worth one letter. Just don't hire anyone to do it for you or you'll spend more than the penalty.

nocturnal_nick
nocturnal_nick November 14, 2026 at 3:01 PM

One more thing. If you do write them, be specific about why you missed it. Don't just say "I didn't know." Say something like "I never received the reminder notice because my registered agent addresx was outdated" or whatever actually happened. They respond better to concrete facts.

maple_syrup
maple_syrup November 14, 2026 at 5:08 PM

Also check if you qualify for the small business exemption if this is your first year. Might not help with the penalty but could reduce what you owe going forward.


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