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The California 3832 form is an essential document for limited liability companies (LLCs) that have nonresident members. This form serves multiple purposes, primarily ensuring compliance with California tax laws. When an LLC has one or more members who do not reside in California, it must obtain consent from these members to allow the state to tax their share of the LLC's income that is attributable to California sources. Each nonresident member must sign the form, which includes their identification numbers, such as Social Security numbers or federal employer identification numbers. Additionally, the form must be attached to Form 568, which is the LLC's annual tax return. It is important to note that completing the California 3832 does not replace the requirement for nonresident members to file their own California income tax returns if they meet certain income thresholds. The form also accommodates members who may have sold or transferred their ownership interests before the end of the taxable year, ensuring that all parties are accounted for in terms of their tax obligations. By following the guidelines laid out in the California 3832 form, LLCs can navigate the complexities of state tax requirements while maintaining transparency with their nonresident members.

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TAXABLE YEAR

Limited Liability Company Nonresident

 

 

CALIFORNIA FORM

 

 

 

 

2012

3832

Members’ Consent

For use by limited liability companies (LLCs) with one or more nonresident members. Attach to Form 568 and give a copy to each nonresident member. Use additional sheets if necessary. Separate forms FTB 3832 for each nonresident member (or groups of nonresident members) may be used.

Limited liability company name

California Secretary of State (SOS) file number

FEIN

-

Note: Completion of this form does not satisfy the requirements for filing a California income tax return. See General Information C, Nonresidents Who Must File a California Return.

List below the names and identification numbers of nonresident members of record at the end of the LLC’s taxable year.

Number

1

2

3

4

5

6

7

8

Nonresident member’s name

I consent to the jurisdiction of the State of California to tax

my distributive share of the LLC income attributable to

California sources.

Signature

Date

 

 

Nonresident member’s

SSN, ITIN, or FEIN

List below the names and identification numbers of nonresident members who sold or transferred their ownership interests before the end of the LLC’s taxable year.

 

 

I consent to the jurisdiction of the State of California to tax

 

Number

Nonresident member’s name

my distributive share of the LLC income attributable to

Nonresident member’s

California sources.

 

 

SSN, ITIN, or FEIN

 

 

 

 

 

 

Signature

Date

 

 

 

 

 

 

1

 

 

 

 

2

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

4

 

 

 

 

5

 

 

 

 

 

 

 

 

 

6

 

 

 

 

 

 

 

 

 

7

 

 

 

 

8

 

 

 

 

 

 

 

 

 

General Information

 

by signing the Single Member LLC Information and

C

Nonresidents Who Must

Registered Domestic Partners (RDP) – For

Consent on Form 568.

 

 

File a California Return

If a member fails to sign form FTB 3832, the LLC is

 

 

purposes of California income tax, references to a

Nonresident members (individuals, estates, trusts,

required to pay tax on the member’s distributive share

spouse, husband, or wife also refer to a California

corporations, etc.) are required to file the appropriate

of income at that member’s highest marginal rate. Any

RDP, unless otherwise specified. When we use

California tax returns, in addition to signing form

amount paid by the LLC will be considered a payment

the initials RDP they refer to both a California

FTB 3832. An individual nonresident must file Long

made by the member (California Revenue and Taxation

registered domestic “partner” and a California

Form 540NR, California Nonresident or Part-Year

Code Section 18633.5). For more information, get

registered domestic “partnership,” as applicable. For

Resident Tax Return, if the individual had income

Form 568, Limited Liability Company Tax Booklet.

more information on RDPs, get FTB Pub. 737, Tax

from California sources and:

 

 

 

Information for Registered Domestic Partners.

If the nonresident member has a spouse/RDP, the

Was single, unmarried, or not in a registered

A Purpose

spouse/RDP must also sign form FTB 3832.

 

 

domestic partnership at the end of 2012 and the

e-file – If you e-file, attach the signed copy of form

 

 

individual’s gross income from all sources was

When a multiple member LLC has one or more

 

 

FTB 3832 to the form FTB 8453-LLC, California e-file

 

 

more than $15,440; or adjusted gross income from

members who are nonresidents of California,

 

 

Return Authorization for Limited Liability Companies.

 

 

all sources was more than $12,352.

use form FTB 3832, Limited Liability Company

 

 

Retain the signed copy in the LLC Officers’ records

Was married or in a RDP at the end of 2012, and

Nonresident Members’ Consent, to:

along with a copy of the return and other associated

 

 

the individual and spouse/RDP had a combined

List the names and social security numbers

 

 

forms, schedules, and documents, as required by

 

 

gross income from all sources of more than

(SSNs), individual taxpayer identification numbers

 

 

the Franchise Tax Board e-file Program. For more

 

 

$30,881; or adjusted gross income from all

(ITINs), or federal employer identification num-

 

 

information, get FTB Pub. 1345, 2012 Handbook

 

 

sources of more than $24,705.

bers (FEINs) of all such members.

 

 

for Authorized e-file Providers, Section 7, Record

For more information, get California 540NR,

Obtain the signature of each nonresident member

evidencing consent to the jurisdiction of the State

Keeping and Data Retention.

Nonresident or Part-Year Resident Booklet.

of California to tax that member’s distributive

B When to File

D

Group Nonresident

share of income attributable to California sources.

File form FTB 3832 for either of the following:

 

 

Member Return

 

 

 

 

 

 

Multiple member LLCs must complete form

The first taxable period for which the LLC became

 

 

FTB 3832. Single member LLCs do not complete

subject to tax with nonresident members.

Certain nonresident members of an LLC doing

form FTB 3832. The owner of the single member LLC

Any taxable period during which the LLC had a

business in California may elect to file a group

consents to be taxed under California jurisdiction

nonresident member who has not signed form

nonresident return using Long Form 540NR. For

 

 

 

 

FTB 3832.

more information, get FTB Pub. 1067, Guidelines

 

 

 

 

for Filing a Group Form 540NR.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For Privacy Notice, get form FTB 1131.

 

7591123

 

 

 

FTB 3832 C1 2012

 

Form Specifications

Fact Name Fact Description
Purpose The California 3832 form is used by limited liability companies (LLCs) with one or more nonresident members to consent to California's tax jurisdiction.
Governing Law This form is governed by the California Revenue and Taxation Code, specifically Section 18633.5.
Filing Requirement LLCs must attach Form 3832 to Form 568 and provide copies to each nonresident member.
Member Information LLCs must list the names and identification numbers of nonresident members at the end of the taxable year.
Signature Requirement Each nonresident member must sign the form to consent to California's jurisdiction for tax purposes.
Transfer of Ownership Separate forms must be completed for nonresident members who sold or transferred ownership interests before the taxable year ended.
Single Member LLCs Single member LLCs do not need to complete Form 3832, as the owner consents to tax jurisdiction by default.
Filing Timeline Form 3832 must be filed during the first taxable period the LLC has nonresident members or during any taxable period when a nonresident member has not signed the form.
Nonresident Filing Nonresident members may need to file California Form 540NR if they had income from California sources.
Record Keeping LLCs must retain signed copies of Form 3832 along with other associated documents for record-keeping purposes.

California 3832: Usage Guidelines

Filling out the California 3832 form requires careful attention to detail. This form is specifically for limited liability companies (LLCs) with nonresident members. After completing the form, it must be attached to Form 568 and distributed to each nonresident member. Separate forms should be used for each nonresident member or groups of nonresident members.

  1. Obtain the California 3832 form.
  2. Enter the name of the limited liability company (LLC) at the top of the form.
  3. Provide the California Secretary of State (SOS) file number.
  4. Fill in the Federal Employer Identification Number (FEIN).
  5. List the names and identification numbers (SSNs, ITINs, or FEINs) of all nonresident members at the end of the LLC’s taxable year in the designated section.
  6. For each nonresident member, include their consent statement regarding California taxation.
  7. Ensure each nonresident member signs and dates the form.
  8. List any nonresident members who sold or transferred their ownership interests before the end of the taxable year, along with their identification numbers.
  9. Repeat the consent process for these members, ensuring signatures and dates are included.
  10. Attach the completed form to Form 568.
  11. Distribute copies of the completed form to each nonresident member.

Your Questions, Answered

What is the purpose of the California 3832 form?

The California 3832 form, known as the Limited Liability Company Nonresident Members’ Consent, is used by limited liability companies (LLCs) that have one or more nonresident members. This form allows nonresident members to consent to California's jurisdiction for taxing their share of the LLC's income that is attributable to California sources. It must be attached to Form 568 and a copy provided to each nonresident member.

Who needs to complete the California 3832 form?

Only LLCs with nonresident members need to complete this form. If an LLC has one or more members who do not reside in California, it is required to obtain their consent by having them sign the California 3832 form. Single-member LLCs do not need to complete this form, as the sole member consents to taxation by default.

What information must be included on the form?

The form requires the LLC's name, California Secretary of State file number, and Federal Employer Identification Number (FEIN). Additionally, it must list the names and identification numbers (SSN, ITIN, or FEIN) of all nonresident members. Each nonresident member must also provide their signature and the date they signed the form.

What happens if a nonresident member does not sign the form?

If a nonresident member fails to sign the California 3832 form, the LLC is required to pay tax on that member's distributive share of income at the member's highest marginal rate. This can lead to additional tax liabilities for the LLC and complicate the tax situation for the nonresident member.

When should the California 3832 form be filed?

The form should be filed for the first taxable period during which the LLC becomes subject to tax with nonresident members. It should also be filed for any taxable period where the LLC had a nonresident member who has not signed the form. Timely filing is crucial to avoid penalties.

What is the significance of the signatures on the form?

The signatures of the nonresident members on the California 3832 form are essential as they represent consent to California's jurisdiction for taxing their distributive share of income. Without these signatures, the LLC may face increased tax obligations, and the members may be subject to unexpected tax liabilities.

Can the California 3832 form be e-filed?

Yes, if you are e-filing, the signed copy of the California 3832 form must be attached to Form FTB 8453-LLC, which is the California e-file Return Authorization for Limited Liability Companies. It is important to retain the signed copy in the LLC's records along with the e-filed return and other associated documents.

What should be done with the completed form?

Once completed, the California 3832 form should be attached to Form 568 and filed with the California Franchise Tax Board. Each nonresident member should receive a copy of the form for their records. Additionally, the LLC should keep a signed copy in its official records.

Where can I find more information about the California 3832 form?

For further details, you can refer to the California 540NR booklet, the Limited Liability Company Tax Booklet, or FTB Publication 737, which provides tax information for registered domestic partners. These resources will offer comprehensive guidance on filing requirements and procedures related to the California 3832 form.

Common mistakes

  1. Not Signing the Form: Each nonresident member must sign the form. If a member fails to sign, the LLC may face penalties and be required to pay taxes at the member's highest rate.

  2. Incorrect Identification Numbers: Make sure to provide accurate Social Security Numbers (SSNs), Individual Taxpayer Identification Numbers (ITINs), or Federal Employer Identification Numbers (FEINs). Incorrect numbers can delay processing.

  3. Missing Nonresident Members: List all nonresident members at the end of the taxable year. Omitting any member can lead to compliance issues.

  4. Failing to Attach the Form: Remember to attach the completed FTB 3832 to Form 568. Not doing so can result in processing delays or rejections.

  5. Not Keeping Records: Retain a signed copy of the form along with the LLC's records. This documentation is essential for future reference and compliance checks.

  6. Ignoring Filing Deadlines: Submit the form by the required deadline. Late submissions can incur penalties and interest charges, impacting the LLC's financial standing.

Documents used along the form

The California 3832 form is essential for limited liability companies (LLCs) with nonresident members. It serves as a consent document, allowing the state to tax the distributive share of income attributable to California sources. However, several other forms and documents are often used in conjunction with this form to ensure compliance with California tax laws. Below are some of the key documents you may encounter.

  • Form 568: This is the Limited Liability Company Return of Income. LLCs must file this form annually to report income, deductions, and other pertinent information. It is crucial for determining the overall tax liability of the LLC.
  • California Form 540NR: This is the California Nonresident or Part-Year Resident Income Tax Return. Nonresident members who have income from California sources must file this form to report their income and pay any taxes owed.
  • Form FTB 8453-LLC: This form is used for e-filing purposes. If an LLC chooses to e-file its tax return, it must attach the signed copy of Form 3832 to this document to authorize the electronic submission.
  • FTB Pub. 737: This publication provides tax information specifically for registered domestic partners. It is essential for understanding the tax obligations of partners in a domestic partnership, especially in relation to nonresident members.

Understanding these forms and documents is vital for LLCs with nonresident members. Properly completing and submitting them can help ensure compliance with California tax regulations and avoid potential penalties. Always consider consulting with a tax professional or legal advisor to navigate these requirements effectively.

Similar forms

The California Form 3832 is specifically designed for limited liability companies (LLCs) with nonresident members. It serves as a consent form for these members to acknowledge the jurisdiction of California for tax purposes. Several other documents share similarities with Form 3832 in terms of their purpose and function. Here are five such documents:

  • Form 568: This is the Limited Liability Company Return of Income form. Like Form 3832, it is used by LLCs in California to report income, deductions, and credits. Both forms must be filed together when there are nonresident members, ensuring compliance with state tax laws.
  • Form 540NR: This is the California Nonresident or Part-Year Resident Income Tax Return. Nonresident members of an LLC may need to file this form to report their income from California sources. Similar to Form 3832, it establishes the member's tax obligations in California.
  • Form FTB 8453-LLC: This form is used for e-filing by LLCs. When submitting electronically, LLCs must include Form 3832 as a signed attachment. Both documents are integral to the e-filing process for LLCs with nonresident members.
  • Form FTB 1067: This form provides guidelines for filing a group nonresident return. It is relevant for LLCs that opt to file collectively. Like Form 3832, it addresses the tax responsibilities of nonresident members and ensures proper compliance.
  • Form FTB 1131: This is the Privacy Notice form. While it primarily addresses privacy concerns, it is often associated with the filing processes of other tax forms, including Form 3832. Both documents emphasize the importance of member consent and the handling of personal information in tax matters.

Dos and Don'ts

When filling out the California 3832 form, it is essential to approach the process with care. Here are five important things to do and avoid:

  • Do ensure that all nonresident members' names and identification numbers are accurately listed.
  • Do obtain the signature of each nonresident member to confirm their consent to California's jurisdiction over their distributive share of income.
  • Do attach the completed form to Form 568 and provide a copy to each nonresident member.
  • Do keep a signed copy of the form in the LLC's records for future reference.
  • Do file the form for the first taxable period when the LLC had nonresident members.
  • Don't forget to use separate forms for each nonresident member or groups of nonresident members, if necessary.
  • Don't leave any required fields blank; incomplete forms can lead to processing delays.
  • Don't assume that completing this form satisfies the requirements for filing a California income tax return.
  • Don't overlook the need for additional documentation if a member has transferred their ownership interest before the end of the taxable year.
  • Don't file the form late, as this can result in penalties for the LLC.

By following these guidelines, you can help ensure that the California 3832 form is completed accurately and submitted on time. This will help maintain compliance with state tax regulations.

Misconceptions

Misconceptions about the California 3832 form can lead to confusion for limited liability companies (LLCs) and their nonresident members. Below are some common misconceptions and clarifications regarding this form.

  • Completion of Form 3832 is sufficient for tax filing. Many believe that filling out this form alone satisfies all tax obligations. In reality, this form must be attached to Form 568, and it does not replace the need for a California income tax return.
  • All LLC members must be California residents. This is not true. The form is specifically designed for LLCs with nonresident members, allowing them to consent to California's jurisdiction for tax purposes.
  • Only individual members need to sign the form. This misconception overlooks that estates, trusts, and corporations can also be nonresident members and must comply with the same requirements.
  • Form 3832 is only for single-member LLCs. This is incorrect. Multiple-member LLCs also need to complete this form if they have nonresident members.
  • Filing the form is optional for nonresident members. Nonresident members are required to sign the form to avoid the LLC being taxed at the highest marginal rate on their distributive share of income.
  • Nonresident members can file their taxes without this form. Nonresident members must file Form 540NR if they have income from California sources, and Form 3832 is a necessary part of that process.
  • Form 3832 is only needed for the first year of operation. This is misleading. The form must be filed for any taxable period during which the LLC has nonresident members, not just the initial year.
  • Nonresident members can use the form to avoid California taxes altogether. This is a misunderstanding. Signing the form does not exempt nonresident members from California taxes; it simply allows the state to tax their income from California sources.

Key takeaways

When dealing with the California 3832 form, it is essential to understand its purpose and the steps involved in completing it correctly. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The California 3832 form is specifically for limited liability companies (LLCs) that have one or more nonresident members. It is used to obtain consent from these members for California to tax their share of the LLC's income.
  • Filing Requirements: This form must be attached to Form 568, which is the California Limited Liability Company Return of Income. A copy should also be provided to each nonresident member.
  • Separate Forms: If there are multiple nonresident members, separate 3832 forms should be completed for each member or for groups of members.
  • Signature Requirement: Each nonresident member must sign the form to consent to California's jurisdiction for taxing their distributive share of income. Without this signature, the LLC may face tax implications.
  • Identification Numbers: It is important to list the names and identification numbers (such as Social Security Numbers or ITINs) of all nonresident members on the form.
  • Timing of Filing: The form must be filed for the first taxable period when the LLC became subject to tax due to having nonresident members. It should also be filed for any period where a nonresident member has not signed the form.
  • Record Keeping: Retain a signed copy of the 3832 form in the LLC's records, along with the associated tax return and other documents. This is crucial for compliance and future reference.

Understanding these points can help ensure that the California 3832 form is filled out and utilized effectively, minimizing potential issues with tax compliance for the LLC and its nonresident members.