Which business benefits from LLCs?
A question that comes up fairly frequentlly, in regards to limited liability companies (or LLCs) is which business benefits the most from becoming an LLC?
In answer to that question, the following busineses are those who typically benefit from being organized as LLCs:
Real Estate Developers - Members of the real estate profession may contract debt (i.e., acquire loans) on behalf of the LLC. When the property is acquired, then any income, gain, deduction, or loss may be allocated among the Members. The combination of these provisions will allow for transferring capital gains from one member to another.
Corporate Joint Venture - Instead of using wholly owned subsidiaries in order to establish a general partnership joint venture, corporations may form an LLC providing the same amount of limited liability as well as pass-through taxation.
Subsidiaries of Sub S Corporations - A sub S corporation is unable to own more than 80% of an LLC subsidiary corporation; however, a sub S corporation is able to form wholly owned subsidiary LLCs. Owning the subsidiary LLC will allow the parent S corporation to expand its resource base.
Venture Capital Vehicle - LLC's allow significant opportunities for investing company capital into income-generating ventures since there an unlimited number of potential investors. Venture profitability can also be further enhanced when members are structured as offshore corporations. This will not only allow for reduction in tax exposure, but will also give greater level of asset protection and scrutiny.
Small or Family Businesses - LLC's are ideal for both small or family-operated businesses. There is complete flexibility for structuring management and ownership and, best of all, members are able to avoid double taxation.
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