Limited Liability Companies (LLC) in Asset Protection Planning

Limited liability companies are exceptional asset protection vehicles. As a business entity, the owners of the company & 39; personal property is safe from the responsibility of the company. The assets of the company are also protected from the liability of its owners. If the company is the subject of a lawsuit, the LLC defends the owners of the responsibility related to commercial transactions. In addition, when the owners are personally sued, the law contains provisions that protect the assets inside an LLC from seizure to enforce a judgment. Limited liability companies are remarkably useful when they are used to preserve real estate.

A limited liability company ("LLC") is an unincorporated business. Depending on its structure, all owners can benefit from limited liability protection, and all can contribute to management and control. In the United States, an LLC provides its owners with several tax options. Only one LLC member is considered a sole proprietorship (ignored entity) for tax purposes. With two or more owners, an LLC is taxed as a partnership rather than as a corporation for federal income tax purposes. Limited liability companies may be taxed as a corporation or even as a corporation S. By amalgamating the limited personal liability and tax classification of partnerships, the LLC may offer benefits that are not available to corporations, partnerships or limited partnerships.

LLC Real Estate Protection
The LLC offers asset protection that makes it a favorite for real estate investments. The LLC combines liability protection and positive tax treatment of partnerships. As a general rule, real property creates a liability risk for tenants and customers, leases, contracts, environmental laws, mortgages and other laws. Nevertheless, limited liability companies are advantageous when they are used to own assets generating passive income.

Taxes and LLC
When an LLC is properly structured, it can be classified as a partnership for federal income tax purposes. It may attribute to its owners tax elements, including income, gains, losses, deductions and credits, in accordance with its operating agreement.

Social responsibility companies taxed as partnerships or limited partnerships do not benefit from any tax benefits. The primary benefit of the LLC over a limited partnership is the limited liability protection available to all owners and managers of the LLC. Limited partnerships are mandated to have one or more general partners, who are personally liable for the debts and obligations of the company. However, as described below under Family Limited Partnerships, the General Partners may be a corporation, LLC, trust or other business entity that protects the principal owners of the family by avoiding becoming a general partner. The LLC provides protection for its assets to its owners, regardless of their involvement in the management and control of the affairs of the corporation.

Limited liability companies are extremely flexible and can be used in estate planning. The majority of an LLC may belong to non-home children, while parents run the business. In the operating agreement, non-manager owners become managers in the event of incapacity or death of parents. Without asset transfer, inheritance tax is eliminated and the life of the LLC can be perpetual.