Essaminc — What an incorporated company is and how one | essaminc.com

Essaminc — What an incorporated company is and how one | essaminc.com

Registered Agent, Annual Report and Franchise Tax: The Ongoing Duties

Good standing is lost more often over a lapsed registered agent than over the annual report itself.

Every US LLC must name a registered agent — the address in the state of formation that receives legal and tax correspondence. With a formation service the agent costs USD 50-300 a year, and in most states the agent's consent must be maintained each year, not just at formation.

The annual report is a short state filing that keeps the company's details current. It is often free or USD 0-50, and it is the filing most owners think of as 'the yearly fee' — wrongly, because it is only one of four.

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The third item is the franchise or business entity tax: a minimum of USD 300 a year in Delaware on up to 10,000 shares, and USD 85-800 a year in California. The fourth is any local business licence, which varies by city and trade.

The calendar runs in a loop: the agent renewal and its consent, the annual report, the franchise tax, and the licence. Formation services typically quote USD 100-500 for the first year and then USD 25-300 a year in renewals on top of the state's own charges.

When the agent lapses, the state loses its channel for legal and tax correspondence, and the company falls out of good standing — a lapse of this kind, not the annual report itself, is one of the most common reasons a formation service's client list goes bad. The documented consequence is the loss of good standing, and reinstatement starts with restoring the agent. The entities this calendar applies to are compared at /inc-vs-llc-vs-ltd, and the dollars at /incorporation-cost-and-fees.

  • Registered agent renewal and consent: USD 50-300 a year, every year
  • State annual report: USD 0-50, often free
  • Franchise or business entity tax: USD 300 minimum in Delaware; USD 85-800 in California
  • Local business licence: varies by city and trade

Further reading