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Blog Post

Do I need an LLC?

Master Account • Apr 16, 2024

Limited Liability Companies (LLC’s) are a popular business planning structure. Whether you operate a large or small business or own rental property, an LLC may be something you should consider.


An LLC is an entity that you obtain through the secretary of state in the state where you conduct business. An LLC must have its own unique name as well as member(s) and officer(s) who own and control the LLC. The documents to form an LLC are generally prepared by an attorney and consist of Minutes, Agreement to Form, Operating Agreement and Certificates of Ownership.


An LLC is beneficial for several reasons. First, and perhaps foremost, is personal liability protection. For example, if your business is formed as an LLC and said business has liabilities (from debts, injuries such as a tenant getting hurt at the property, or otherwise), said liabilities do not become the LLC owner’s personal liability. If the business fails, then such loss can be limited to the business and not extend to other personal assets of the owner. In addition to liability protection, LLC’s offer many tax benefits. Rather than venturing into the many tax benefits, I would encourage my readers to explore the tax advantages of an LLC with your accountant.


LLCs are also very beneficial as an estate planning tool. For my clients that have a Revocable Trust, I typically advise that the LLC be owned by the Client’s trust or that the Client transfer their LLC ownership to their trust. This allows for an LLC and the property held within to pass to your chosen beneficiaries without the need for probate.


Prior to state law authorizing the formation of an LLC, people used General Partnerships and corporations for business planning. Corporations remain a viable entity to consider for business planning; however, General Partnerships have all but gone away as they offer no liability protection. Determining what type of entity best suits you and your business is something you should discuss with your attorney and accountant.


As with most business planning options, there are costs to consider when setting up an LLC. Attorney fees to establish, annual franchise tax, and accounting fees are all expenses involved with setting up and managing an LLC.

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