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In the California LLC-12 form, Item 12 is "Type of Business". How specific should my answer be? I want to leave it as general as possible give myself the maximum flexibility.

In case I need to be specific, what should I write to describe a enterprise software company (i.e., there is a licensing component as well as a services component). I don't want to write something stupid and get classified as a body shop.

Can I just write "All lawful business"?

Link to LLC-12: http://www.sos.ca.gov/business/llc/forms/llc-12.pdf

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2 Answers

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You should give the tax authorities a general idea of what you category you are working in as they classify all businesses according to the North America Industry Classification System (NAICS). It's not the same thing as the corporation Articles which require you to state that you are able to be engaged in "all lawful business" in California. Rather, they want to have a general idea of your business for statistical purposes. "Technology" or "Internet software" should be fine, "All lawful business" is probably not a good idea here.

Note: This is not legal advice nor does this create an attorney-client relationship.

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Consult a CA tax lawyer. The implications for your choice may have tax consequences, although based on what you've described, I personally do not know of any tax distinctions between the general business and your enterprise software business.

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