A business entity can (and will) become Franchise Tax Board (FTB) suspended when failing to file tax returns or for nonpayment of taxes. Similarly, the Secretary of State’s (SOS) office can also suspend a business entity for failing to file their Statement of Information. A business can be suspended by either State agencies.
When this happens, a company cannot legally transact business. They can not enter or enforce contracts, or defend itself in court for the duration of the suspension. Companies that are FTB Suspended are also prevented from buying or selling real property. They also can not file for extensions or refunds. Non-profits will also lose any tax exempt status. Businesses are prevented from legally closing or dissolving the company itself. They also may lose the rights to their corporate name at the Secretary of State.
In order to reinstate or revive the company, they must meet all of the FTB and SOS’s Revivor Requirements. Generally, these include full payment of all delinquent taxes. In addition to any penalties and interest accrued since the company was first suspended. If tax forms for a given year are also missing, they must be completed and signed by an authorized representative. This is usually an officer of the corporation or managing member if the company in question is an LLC.
Revivor requirements are not standardized—they will vary with each respective suspension and company. Getting a complete, accurate account of each revivor’s individual requirements is often frustrating. Most people are not familiar with the FTB’s system and policies and the requirements themselves can change daily.
That’s where we come in! FTB Revivors is a division of SOS Filings, Inc.. We facilitate the revivor and filing process for our clients by providing services at the FTB and SOS daily. Lifting a FTB suspension is often more involved and more costly than resolving an SOS suspension, but we handle both. Our staff goes to each agency in person on our clients’ behalf. We can spend hours at the FTB counter to ensure we get the full list of revivor requirements.
Once clients provide the revivor requirements to us, they can rest easy knowing that we will handle the revivor process. With walk through revivors, we’re even able to lift some suspensions in one business day! (our gold or platinum packages)