QUESTION

If I file the dissolution, can I register the same name with sole prop?

Asked on Apr 28th, 2013 on Bankruptcy - North Carolina
More details to this question:
I owned a home base travel agency. Initially, I register as sole proprietor and the following year, I register as an LLC. Now the business is low and I need to file dissolution. I already filed my 2012 tax as a final filing. Please help me.
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1 ANSWER

This question has nothing to do with debt resolution and should be directed to a business/tax attorney. Every state has a business corporation law which discusses how a business' affairs are wound up if the company wishes to cease doing business. A certificate of dissolution must be filed with the Secretary of State's office in the state where the business was organized or doing business. If you wish to continue doing business in anything other than your own name (i.e., as in Joe Smith d/b/a Vacations 'R' Us"), there is a requirement that you register the fictitious name. It could be filed in the county register of deeds or court's office. Again, consult with a business law attorney in the state where you conducted business. If you have any tax issues, consult with your CPA or a tax attorney. If the LLC had its own tax id number, then something may have to be filed with the IRS or state revenue department. If it was under your own social security number, nothing should change except that you would now file any schedules required of sole proprietors.
Answered on May 01st, 2013 at 12:49 AM

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