I run a small woodworking LLC in SC and may need to pause operations for 6-9 months due to a family situation. No revenue, no employees, just a dormant period. What are the state-level consequences? Do I still owe the annual report fee? Will the LLC be administratively dissolved? Any grace period?
What happens if my South Carolina LLC stops operating temporarily?
SC doesn't have a formal 'dormant' status. The annual report is still due every year regardless of activity, and the filing fee is $25. If you miss it, the Secretary of State can administratively dissolve the LLC. You'd have to file a reinstatement after that, which costs more and takes time.
Does the annual report have a due date tied to formation month, or is it a fixed date for everyone?
It's tied to your formation month. The The report is due by the end of the anniversary month each year.
Also, if you're truly not using it, closing it and forming a new one later might be cleaner than dealing with reinstatement, but it depends on contracts or licenses tied to the LLC. I don't know your situation well enough to say for sure.
Keep in mind 'temporary' can still mean you must keep a registered agent in place. The state requires a physical SC address for service of process. If your agent resigns, you're in default even if you're not operating.
So the safest path seems to be keep the registered agent paid, file the annual report on time, and just have no income. Is there any penalty for reporting zero revenue? I don't want to trigger an audit or something weird.
$25 fee is cheap compared to dissolving and starting over. Just pay it. Nobody at the state looks at revenue on that form.
What about the tax side? SC DOR may have a minimum license fee or business license requirements depending on the county or city. That's separate from the Secretary of State's annual report.
Good point. Also, if you're pausing for that long, make sure your insurance policy still covers a vacant or unoccupied shop space. Many commercial policies have a vacancy clause, and a woodworking shop sitting idle with equipment could be a problem if something happens.
If you miss the report and get dissolved, the LLC name becomes available to anyone else. Reinstatement usually fixes it, but there's no guarantee you get it back if someone else grabs the name first.