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Navigating the intricacies of tax obligations is a crucial aspect for limited liability companies (LLCs) operating in California. The California Form 3522, known as the LLC Tax Voucher, serves as a tool for these entities to fulfill their annual tax requirements. Designed for the 2022 taxable year, this form applies to LLCs with specific ties to California, such as having articles of organization accepted by the California Secretary of State or engaging in business within the state. An annual tax payment of $800 is mandated for eligible LLCs, with various payment options available, including electronic funds withdrawal, online payments through Web Pay, and credit card transactions. Importantly, the form highlights instances where LLCs may be exempt from this tax, provides guidance on the tax payment timeline, and details the penalties for late payments. The information provided is aimed at ensuring compliance while minimizing potential financial setbacks due to oversight or misunderstanding of the tax payment process.

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2022 Instructions for Form FTB 3522

LLC Tax Voucher

General Information

Use form FTB 3522, LLC Tax Voucher, to pay the annual limited liability company (LLC) tax of $800 for taxable year 2022. An LLC should use this voucher if any of the following apply:

The LLC has articles of organization accepted by the California Secretary of State (SOS).

The LLC has a certificate of registration issued by the SOS.

The LLC is doing business in California.

Electronic Funds Withdrawal (EFW)

LLCs can make an annual tax payment using tax preparation software. Check with your software provider to determine if they support EFW for annual tax payments.

Web Pay

Make a payment online using Web Pay for Businesses. LLCs can make an immediate payment or schedule payments up to a year in advance. For more information, go to ftb.ca.gov/pay. If paying by Web Pay, do not file form FTB 3522.

Credit Card

Use Discover, MasterCard, Visa or American Express Card to pay your business taxes. Go to officialpayments.com. ACI Payments, Inc. (formerly Official Payments) charges a convenience fee for using this service. If paying by credit card, do not file form FTB 3522.

Who Must Pay the Annual LLC Tax

Every LLC that is doing business in California or that has articles of organization accepted or a certificate of registration issued by the SOS is subject to the $800 annual LLC tax. The tax must be paid for each taxable year until a certificate of cancellation of registration or of articles of organization is filed with the SOS. Get FTB Pub. 1038, Guide to Dissolve, Surrender, or Cancel a California Business Entity, for more information.

For taxable years beginning on or after January 1, 2003, an LLC as described in Internal Revenue Code Sections 501(c)(2) and 501(c)(25) and California Revenue and Taxation Code Sections 23701h and 23701x is exempt from the annual LLC tax.

For taxable years beginning on or after January 1, 2020, and before January 1, 2030, an LLC that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the annual tax if the owner is deployed during the taxable year and the LLC operates at a loss or ceases operation.

When to Pay the Annual LLC Tax

The annual LLC tax is due and payable by the 15th day of the 4th month after the beginning of the LLC’s taxable year (fiscal year) or April 15, 2022 (calendar year).

When the due date falls on a weekend or holiday, the deadline to file and pay without penalty is extended to the next business day.

Due to the federal Emancipation Day holiday observed on April 15, 2022, tax returns filed and payments mailed or submitted on April 18, 2022, will be considered timely.

The first taxable year of an LLC begins when the LLC files its articles of organization with the SOS. The first taxable year of a foreign LLC doing business

in California begins when the LLC is organized in another state.

For taxable years beginning on or after January 1, 2021 and before January 1, 2024, an LLC that organizes, registers, or files with the Secretary of State to do business in California is exempt from the annual LLC tax in its first taxable year.

If the 15th day of the 4th month of an existing foreign LLC’s taxable year has passed before the foreign LLC commences business in California or registers with the SOS, the annual LLC tax should be paid immediately after commencing business or registering with the SOS.

Instructions

Enter all the information requested using black or blue ink. To ensure the timely and proper application of the payment to the LLC’s account, enter the California SOS file number (assigned upon registration with the SOS), and the federal employer identification number (FEIN).

Series LLC

After the name for each series, write “Series LLC # ___.” In addition, write “Series LLC” in black or blue ink on the top right margin of the voucher. Only the first series to pay tax or file a return may use an SOS file number. For all other series, enter zeroes in the SOS file number field. We will notify each series of its assigned number after we receive its initial payment voucher. The series LLC should use this assigned number for subsequent years. Get FTB 3556 LLC MEO, Limited Liability Company Filing Information, for more information.

Private Mail Box (PMB)

Include the PMB in the address field. Write “PMB” first, then the box number. Example: 111 Main Street PMB 123.

Where to File

Using black or blue ink, make a check or money order payable to the “Franchise Tax Board.” Write the California SOS file number, FEIN, and “2022 FTB 3522” on the check or money order. Detach the payment voucher from the bottom of the page. Enclose, but do not staple, your payment with the voucher and mail to:

FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0531

Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial institution. If no payment is due or paid electronically, do not mail this voucher.

Penalties and Interest

If the LLC fails to pay its annual tax by the 15th day of the 4th month after the beginning of the taxable year, a late payment penalty plus interest will be assessed for failure to pay the annual LLC tax by the due date. The penalty and interest will be computed from the due date of the tax to the date of payment.

Late Payment of Prior Year Annual LLC Tax

If a prior year annual LLC tax of $800 was not paid by the 15th day of the 4th month after the beginning of the taxable year, the tax should be paid as soon as possible, using the appropriate taxable year form FTB 3522. Do not use any other form for payment of the tax. This will assure proper application of the payment to the LLC’s account.

DETACH HERE

IF NO PAYMENT IS DUE, DO NOT MAIL THIS VOUCHER

DETACH HERE

Fiscal year: File and Pay by the 15th day of the 4th month after the beginning of the taxable year.

 

Calendar year: File and Pay by April 15, 2022.

 

TAXABLE YEAR

 

CALIFORNIA FORM

2022

LLC Tax Voucher

3522

For calendar year 2022 or fiscal year beginning (mm/dd/yyyy) _________________, and ending (mm/dd/yyyy) _________________ .

Limited liability company name

DBA

California Secretary of State (SOS) file number

FEIN

Address (suite, room, PO box, or PMB no.)

City

Telephone

State

ZIP code

Amount of payment

. 00

6111223

FTB 3522  2021

Document Specs

Fact Detail
Purpose of Form FTB 3522 Used by limited liability companies (LLCs) to pay the annual tax of $800 for the taxable year 2022.
Eligibility to Use Form FTB 3522 LLCs with articles of organization accepted by the California Secretary of State, those with a certificate of registration, or LLCs conducting business in California.
Payment Options Electronic Funds Withdrawal (EFW), Web Pay, and credit card payments through ACI Payments, Inc.
Exemptions from the Annual LLC Tax LLCs described in specific sections of the Internal Revenue Code and California Revenue and Taxation Code, and small businesses solely owned by deployed military members, under certain conditions.
Due Date for the Annual LLC Tax Due and payable by the 15th day of the 4th month after the beginning of the LLC’s taxable year. Extensions apply if the due date falls on a weekend or holiday.

Detailed Instructions for Writing California 3522

Completing Form FTB 3522, the LLC Tax Voucher, is crucial for Limited Liability Companies (LLCs) operating in California as it addresses the requirement to pay the annual LLC tax. This process demands attention to detail and accuracy to ensure compliance with state tax obligations. Below are step-by-step instructions aimed at simplifying the completion and submission process of this form.

  1. Ensure you have gathered all necessary information including the LLC’s California Secretary of State (SOS) file number, Federal Employer Identification Number (FEIN), and the LLC’s exact name as registered.
  2. Begin by entering the taxable year at the top of the form to specify whether it is for the calendar year 2022 or a fiscal year starting and ending on different dates. Fill in the starting date (mm/dd/yyyy) and the ending date (mm/dd/yyyy) if filing for a fiscal year.
  3. Write the legal name of the LLC exactly as it appears in the SOS records. If the LLC operates under a different business name (DBA - Doing Business As), make sure to include that as well.
  4. Fill in the California Secretary of State (SOS) file number. This unique identification number was assigned by the SOS when the LLC was registered.
  5. Enter the Federal Employer Identification Number (FEIN) assigned to the LLC by the Internal Revenue Service (IRS).
  6. Include the complete mailing address of the LLC. This should include the suite, room, PO Box, or PMB (Private Mail Box) number, followed by the city, state, and ZIP code. If using a PMB, write “PMB” first, then the box number.
  7. If applicable, include the LLC’s telephone number.
  8. Specify the amount of payment, ensuring that it meets the $800 annual tax requirement. Fill in the amount in the space provided.
  9. Using black or blue ink, prepare a check or money order payable to the “Franchise Tax Board.” Write the LLC’s California SOS file number, the FEIN, and “2022 FTB 3522” on the payment document to ensure accurate processing.
  10. Detach the payment voucher from the bottom of the page. Do not staple the payment to the voucher.
  11. Mail the voucher along with the payment to the following address: FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0531
  12. Remember to make all checks or money orders payable in U.S. dollars drawn against a U.S. financial institution. If the payment is being made through an electronic method or if no payment is due, there is no need to mail this voucher.

After the payment is made, it is crucial to ensure compliance throughout the year and prepare for the next annual tax payment. Proper documentation and timely attention to deadlines can prevent penalties and interest, contributing to the smooth operation of the LLC. Please review all information for accuracy before submitting to the Franchise Tax Board to complete this important obligation.

Things to Know About This Form

What is the purpose of Form FTB 3522?

Form FTB 3522, known as the LLC Tax Voucher, is used by limited liability companies (LLCs) to pay the annual tax of $800 required by the state of California for the taxable year 2022. This applies to LLCs that are actively doing business in California, those with articles of organization accepted or a certificate of registration issued by the California Secretary of State (SOS).

Who must pay the annual LLC tax in California?

All LLCs doing business in California, those with articles of organization accepted, or a certificate of registration issued by the SOS must pay the annual LLC tax. The obligation to pay the $800 tax continues every year until the LLC formally cancels its registration or articles of organization with the SOS. However, certain exempt organizations under specific Internal Revenue Code and California Revenue and Taxation Code sections, as well as small businesses owned by deployed military members under certain conditions, are not subject to this tax.

When is the annual LLC tax due?

The tax is due by the 15th day of the 4th month after the beginning of the LLC's taxable year. For those operating on a calendar year, the due date is April 15th. If this due date falls on a weekend or holiday, the deadline extends to the next business or working day. Additionally, there are specific provisions for LLCs that commence business at a different time within the fiscal year or for new LLCs that are exempt from the tax in their first taxable year.

How can LLCs pay the annual tax?

LLCs have several options for paying the annual tax:

  • Electronic Funds Withdrawal (EFW) through tax preparation software.
  • Web Pay for Businesses on the California Franchise Tax Board (FTB) website for immediate or scheduled payments.
  • Credit card payments via a service provider, which incurs a convenience fee.
If paying by Web Pay or credit card, do not file Form FTB 3522.

What information is needed on the form FTB 3522?

To properly fill out the Form FTB 3522, LLCs need to provide the California SOS file number, the federal employer identification number (FEIN), the LLC's name, the payment amount, and their contact information. Ensure all details are correct to avoid any delays or issues with the payment processing.

Where should Form FTB 3522 be filed?

Payments with the completed form should be mailed to the FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0531. Checks or money orders should be made out to the "Franchise Tax Board" and must be in U.S. dollars drawn against a U.S. financial institution. The SOS file number, FEIN, and tax year should be noted on the payment method.

What penalties and interest apply for late payment?

If the LLC fails to pay the annual tax by the due date, it incurs a late payment penalty plus interest accruing from the original due date to the payment date. This emphasizes the importance of timely payment to avoid additional charges beyond the $800 tax.

What happens if an LLC didn't pay the prior year's annual tax?

LLCs that missed a prior year's tax payment should use the FTB 352 and the corresponding taxable year form to make the payment as soon as possible. This ensures the tax is correctly applied to the LLC’s account and helps avoid further penalties and interest.

Are there special rules for series LLCs?

Yes, when a series LLC pays tax or files a return, it should indicate "Series LLC" and its number if assigned. Initially, only the first series to pay or file may use an SOS file number. Subsequent series or payments must include zero as the SOS file number until an official number is assigned by the FTB.

Common mistakes

Filling out the California 3522 form, or the LLC Tax Voucher, is an annual requirement for many businesses operating as limited liability companies within California. Though the process might seem straightforward, errors can occur, which may lead to delays or penalties. Below are six common mistakes to avoid ensuring your submission is correct and complete.

  1. Incorrect or Incomplete Identification Information: Not including full and accurate identification details such as the California Secretary of State (SOS) file number and the federal employer identification number (FEIN) can lead to processing delays.
  2. Payment Information Errors: Making errors in the payment amount, or not including the check or money order if not paying electronically, can result in the payment not being applied correctly to the LLC's account.
  3. Using the Wrong Form for Payment: Some entities mistakenly use a form other than the FTB 3522 to pay the annual LLC tax or use the form when no payment is due because it was made electronically. This mistake can lead to misapplied payments or unnecessary processing.
  4. Failure to Include Series LLC Information: If operating as a series LLC and not including the assigned series number after the initial payment, or not indicating "Series LLC" on the voucher, it can complicate the tax payment process for each series within the LLC.
  5. Neglecting to Update the Method of Payment: For those who choose to pay using Web Pay or by credit card, forgetting to avoid filing form FTB 3522 is a common oversight that leads to confusion and potential double entries in the tax board's system.
  6. Improper Filing Timing for New or Foreign LLCs: Not being aware of the specific tax exemptions or immediate payment requirements for new or foreign LLCs operating in California, and thus either missing the tax payment or paying when not required.

Addressing these issues when completing your California 3522 form helps to ensure that your annual LLC tax obligations are met promptly and accurately, thereby avoiding unnecessary penalties or interest due to administrative errors.

Documents used along the form

When managing a Limited Liability Company (LLC) in California, it's important to familiarize yourself with various forms and documents needed for compliance, in addition to the California Form 3522, LLC Tax Voucher. Here's a list of some other key forms and documents often used alongside Form 3522:

  • Form 568, Limited Liability Company Return of Income: This form is for reporting income, deductions, and gains or losses by an LLC. It's essential for tax purposes.
  • Form 565, Partnership Return of Income: For LLCs classified as partnerships, this form is used to report income, deductions, and the gains and losses.
  • Form 3523, Research Credit: This form is for LLCs claiming the research and development tax credit for research activities conducted in California.
  • Form 3548, Disabled Access Credit for Eligible Small Businesses: This document is used by businesses to claim a tax credit for expenses incurred in providing access to persons with disabilities.
  • Form 3536, Estimated Fee for LLCs: This form is to pay the estimated fee for LLCs with income attributable to California sources exceeding a certain threshold.
  • Articles of Organization (Form LLC-1): This is the initial document filed with the California Secretary of State to form an LLC legally.
  • Statement of Information (Form LLC-12): LLCs must periodically file this document to update records with the California Secretary of State, such as addresses and management information.
  • Form 3556, LLC MEO, Limited Liability Company Filing Information: This booklet provides essential filing information for LLCs, including tax vouchers.
  • Form SS-4, Application for Employer Identification Number (EIN): This federal form is used to apply for an EIN, necessary for tax reporting purposes.
  • Form 1099, Miscellaneous Income: If the LLC hires independent contractors, it may need to issue Form 1099 to report payments made to them.

Understanding and utilizing these documents properly ensures that your LLC remains in good standing and complies with California's legal and tax requirements. Always consult with a professional for the most current forms and legal advice for your specific situation.

Similar forms

The California 3522 form is quite similar to the IRS Form 1065, U.S. Return of Partnership Income. Both documents are used by business entities to comply with taxation requirements, albeit for different tax authorities. Form 1065 is a federal form used by partnerships to report their income, deductions, gains, losses, etc., to the IRS. In contrast, Form 3522 is used by LLCs in California to pay their annual tax to the state. Both forms are essential for businesses to maintain tax compliance in their respective jurisdictions.

Another related document is the California Franchise Tax Board Form 568, Limited Liability Company Return of Income. Similar to Form 3522, Form 568 is also geared towards LLCs in California. However, while Form 3522 is specifically for the payment of the annual LLC tax, Form 568 is more comprehensive, covering income, deductions, and tax liabilities for the respective taxable year. Both documents are essential for LLCs operating in California to fulfill their state tax obligations.

The California Secretary of State Statement of Information (Form LLC-12) is another document with similarities to Form 3522. This form is necessary for LLCs to update or confirm their active status and information (such as addresses, management, etc.) with the California Secretary of State. Although it doesn't involve tax payment, like Form 3522, it's crucial for maintaining an LLC's good standing in the state, demonstrating how various forms collectively uphold an entity’s legal and tax responsibilities in California.

Form 8832, Entity Classification Election, by the IRS, shares a connection with California's Form 3522 as well. Through Form 8832, an entity can elect its classification for federal tax purposes (e.g., as a partnership, corporation, or disregarded entity). This classification affects the entity's federal tax obligations and, indirectly, its state tax obligations in California, which necessitates the filing of Form 3522 for LLCs. Both forms are pivotal in defining a business's tax treatment under federal and state laws.

The Application to Register a Limited Liability Company (LLC) in California is another related form. This form initiates an LLC's formal existence and eligibility to conduct business in California. While not directly a tax form like the 3522, it's a prerequisite for an entity to come into being and subsequently fulfill tax obligations, such as paying the annual LLC tax through Form 3522, underscoring the administrative pathway that leads to tax compliance.

IRS Form 1120, U.S. Corporation Income Tax Return, is used by corporations to comply with federal tax obligations, analogous to how LLCs use Form 3522 in California. Although serving different entities and tax authorities, both forms fulfill a similar role: they report income and calculate taxes owed. Form 1120 deals with federal taxes for corporations, while Form 3522 relates to a specific state tax requirement for LLCs in California.

The California Form 100, Corporation Franchise or Income Tax Return, is the state counterpart to the federal Form 1120 for corporations operating within California. In parallel, LLCs submit Form 3522 to meet specific state tax payments. Whereas Form 100 covers a broader spectrum of reporting income, deductions, and computing tax liability, Form 3522's focus is on fulfilling the annual tax requirement for LLCs, showcasing different forms tailored to various entities’ tax reporting duties in California.

IRS Form 990, Return of Organization Exempt from Income Tax, used by non-profit organizations to report their income, expenses, and activities to the IRS, shares a commonality with Form 3522 in that both are specialized tax forms designated for specific types of entities. Form 3522 applies to LLCs in California for state tax purposes, whereas Form 990 caters to non-profits for federal tax compliance. Each document plays a crucial role in the respective entity’s tax reporting and compliance framework.

California Employment Development Department (EDD) Form DE9, Quarterly Contribution Return and Report of Wages, parallels Form 3522 as both are part of California's tax reporting system, though for different purposes. Form DE9 is crucial for reporting wages paid, and contributions made to state unemployment insurance. Although serving different functions, both forms ensure entities meet their state tax and contribution obligations, highlighting the breadth of compliance requirements businesses face.

Lastly, the IRS Form 2553, Election by a Small Business Corporation, connects to Form 3522 by facilitating a specific tax status (S Corporation) at the federal level, which can influence state tax filings in California. Entities electing S Corporation status with the IRS might have different state tax obligations, affecting how they approach state-specific forms like 3522. Both documents are vital for entities to secure and maintain their desired tax treatment and compliance.

Dos and Don'ts

When it comes to filling out the California 3522 form, there are specifics one should adhere to for a seamless process. Below is a straightforward list of ten do's and don'ts that can guide you through completing the form effectively.

  • Do ensure all information provided is accurate and legible, using black or blue ink as required.
  • Do include your California Secretary of State (SOS) file number and federal employer identification number (FEIN) to guarantee proper application to the LLC’s account.
  • Do make your check or money order payable in U.S. dollars and drawn against a U.S. financial institution.
  • Do verify whether you qualify for any annual LLC tax exemptions based on your LLC’s operations or the owner’s status.
  • Do consider electronic payment methods such as Web Pay for immediate or scheduled payments, which do not require mailing form FTB 3522.
  • Don’t staple your payment to the voucher when mailing it to the Franchise Tax Board.
  • Don’t mail form FTB 3522 if you choose to pay via electronic means, like credit card or Web Pay.
  • Don’t overlook the deadline to pay the annual LLC tax, which is the 15th day of the 4th month after the beginning of the LLC’s taxable year.
  • Don’t forget to include your PMB number in the address field if applicable, ensuring mail reaches you correctly.
  • Don’t use this form for any tax payments other than the annual $800 LLC tax for the taxable year it specifies.

Adhering to these guidelines will facilitate the proper and timely filing of your LLC's annual tax, helping to avoid unnecessary delays or penalties.

Misconceptions

Understanding the California Form FTB 3522 can be confusing, and there are several common misconceptions about its use and requirements for limited liability companies (LLCs) operating in California. Here’s a breakdown to clarify these misunderstandings:

  • Only California-based LLCs need to pay: It’s a myth that only LLCs physically based in California need to pay the $800 annual tax. In reality, any LLC that is registered or doing business in California, regardless of where it is physically located, is required to pay.

  • Filing Form FTB 3522 pays for your LLC's income tax: This is not true. Form FTB 3522 is specifically for the payment of the annual LLC tax of $800. Your LLC’s income tax obligations are separate and require additional filings.

  • You only file once when your LLC is formed: Every year, LLCs must pay the $800 tax as long as they are doing business in California, not just the first year they are established.

  • Payment is due at the end of the year: The annual LLC tax is due by the 15th day of the 4th month after the beginning of the LLC’s taxable year. For those on a calendar year, it’s April 15.

  • All series within a Series LLC must use the same SOS file number: In fact, only the first series can use an SOS file number. Subsequent series are assigned unique numbers after their first payment voucher is received by the state.

  • Electronic payments require filing Form FTB 3522: If paying online via Web Pay or by credit card, you should not file Form FTB 3522, as these are considered electronic forms of payment.

  • The form is complicated and requires an accountant to fill out: While it's always wise to consult with a professional for tax matters, Form FTB 3522 is relatively straightforward. It primarily requires information about the payment and your LLC’s identification numbers.

  • Every LLC pays the same amount, regardless of size or income: While the standard annual LLC tax is $800, exemptions and adjustments apply, such as for new LLCs in their first year of operation or those owned by deployed military members, under certain conditions.

  • Late payment penalties are negligible: The penalties for late payment can be significant, including a late payment penalty plus interest computed from the due date of the tax to the date of payment.

  • You can wait to pay if your LLC didn’t make any money: Even if an LLC operates at a loss or does not conduct any business during the taxable year, it is still obligated to pay the annual $800 tax unless specific exemptions apply.

It’s important for LLC owners to be knowledgeable about their obligations under California law to avoid penalties and ensure compliance. Proper understanding and management of these tax payments can save your business from unnecessary financial burdens.

Key takeaways

Understanding the regulations and requirements of the California Form 3522 is essential for any Limited Liability Company (LLC) operating within the state. Here are key takeaways to ensure compliance and facilitate the process.

  • Form 3522 is the LLC Tax Voucher used by LLCs to pay the annual tax of $800. This applies to all LLCs that are doing business in California or have been accepted by the California Secretary of State.

  • The annual LLC tax is due by the 15th day of the 4th month following the beginning of the LLC's taxable year. For those on a calendar year, this is typically April 15th.

  • LLCs can avoid filing Form 3522 if they choose to make their payment electronically, either through Electronic Funds Withdrawal (EFW) using tax preparation software or Web Pay for Businesses on the ftb.ca.gov website. Credit card payments are also accepted online through a third-party provider, but these services may include a convenience fee.

  • Special exemptions to the $800 annual tax exist. These include LLCs that are exempt under specific Internal Revenue Code and California Revenue and Taxation Code sections, as well as small businesses solely owned by deployed military personnel meeting certain criteria.

  • New LLCs and those new to doing business in California may be exempt from the annual tax in their first taxable year, based on legislation effective for taxable years beginning on or after January 1, 2021, and before January 1, 2024.

  • When filling out Form 3522, it's crucial to include the LLC's California Secretary of State (SOS) file number and the federal employer identification number (FEIN) to ensure proper and timely application of the payment.

  • Penalties and interest will be assessed for late payments of the annual LLC tax. Payment for the current year is due by the specified deadline, and any unpaid tax from previous years should be paid as soon as possible using the appropriate form for that year.

These guidelines are designed to help LLCs navigate the process of complying with California's tax requirements efficiently. Proper attention to these details will help avoid unnecessary penalties and ensure the business remains in good standing with the state.

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