LLC Master Machine Asset Protection Program Combined with Equity Stripping

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LLC Master Machine Asset Protection Program Combined with Equity Stripping

LLCs Have Great Legal & Tax BenefitsFinally That Ideal Entity For Real Estate

LLCs have all of the legal benefits of a corporation; yet all of the excellent tax advantages of a general partnership; yet avoid the legal disadvantages of a general partnership, yet avoid the tax disadvantages of C corps, S corps and LPs, including avoiding the legal complications of LPs and legal constraints of S-corps. More specifically there is the following:

Legal Benefits There is the following:

The LLC statutes of all 50 states and the District of Columbia all recognize LLCs as legal entities separate and distinct from its member-owners, granting thecorporateshield of limited liability for its members, based primarily on corporation law which has many decades of long standing precedent in the US.

LP type protection. Legally, LLCs also have similarities to the long standing limited partnership (LP)with another form of protection called charging order protection (which is a way to thwart claimants from attaching your ownership shares).

Limited liability protection for ALL of the members.LLCs have the corporate characteristic of limited liability forallof the members. An LLC does not need an individual or entity (such as a general partner) who is personally liable for debts. NO LLC member is personally liable. This is unlike a limited partnership, where there must be at least one general partner personally liable for all debts. This causes the necessity of additional cost and paperwork to incorporate the general partner. This is not necessary with an LLC.

Control with limited liability.Unlike a limited partner, any LLC member can exercise control over daily management decisions without the fear or actuality of losing their protected, limited liability status.

Charging order protectionlike an LP. Yet without LP pitfalls.

LLCs are free from the qualification constraints imposed on S-corps.The members can be corporations, partnerships, estates, pension plans, IRAs, and non-resident aliens. Unlike S-corps, an LLC can have more than one class of membership interest (similar to stock).

LLCs can be used for all types of real estate transactions. Residential rental, commercial, wholesaling, short sales, rehabbing, new construction, sub-divisions, condo conversations, etc.

Tax Benefits - There is the following:

Easy entity selection. Under simple IRS check-the-box rules, as a separate legal entity an LLC can be taxed as a sole proprietor, as a partnership or as a corporation.But for real estate ownership, an LLC should elect to be taxed as a partnership and thereby be governed by the favorable tax benefits of partnership tax law.

The LLC-partnership is the only pure flow-through entity where the tax benefits still pass down to your 1040 even though the LLC-partnership is a separate legal and tax entity from you. One example is property tax losses which can be paper losses because of componentizing depreciation (a non-cash paper deduction). Such paper losses pass down to offset your other 1040 income saving you a bundle of taxes every year.

Lower IRS audit riskthan other forms of ownership such as corporations, Schedule Cs and Es.

No IRS controversy on corporate tax-prone issues of reasonable compensation or constructive dividends;there are no issues of loans to partners as taxable dividends or salaries (as with corporations).

No W-2 salaries.Unlike corporations, LLC-partnerships do not have to pay salaries to partners and thus avoid payroll recordkeeping, tax withholdings and filings. Optionally and without the bookkeeping of W-2 salaries, simple straight guaranteed payments could be paid to create earned income for valuable retirement plan contributions.

No corporation limits for deducting property tax losses.Even S-corps have limits on deducting losses with leveraged real estate.

Avoid IRS passive loss limits.Unlike limited partners, because LLC members can participate in management, they can side step passive loss limits and fully currently deduct property tax losses against other ordinary income by actively participating in property management under Code Section 469.This is huge !

Tax-free distributions.Unlike corporations, distribution of funds (including borrowed money) from an LLC will not result in current tax (single or double); there is no gain recognized to a member upon the distribution of property to the member even if it is appreciated property (with built-in gains) where the value is higher than its adjusted basis.

1031 tax-free exchanges.Unlike corporations, LLCs, with members splitting up, can much better accomplish a 1031 exchange to defer capital gains taxes on property sales.

Special member P&L allocations.Can allocate profit or losses to the members in a manner that best suits the members tax needs.For example, a member in a high tax bracket, may want allocated to them less of any net income or more of any net losses; or vice versa for a low bracketed member. These special allocations can be done in compliance with specialpartnershipprovisions under code section 704(b). They donotat all apply to corporations and are more restricted with limited partnerships.

In a nutshell, the intended benefits of LLCs offer the best of several worlds:

The corporate shield of limited liability forallof the members

Control over management decisions forallof the members

Charging order protection

All of the optimum real estate tax advantages of a partnership.

Ability to use for all types of real estate investing.

A properly structured LLC should...

Protect your personal assets

Save you substantial amounts of taxes

Defend you against IRS attacks

Prevent legal disputes and save you legal fees and hassles

Enable you to successfully operate your real estate business.

But Most LLCs Are Worthless! They simply do not give you the significant dollar-saving benefits that a well-designed& documented LLC should give you!!

SUPERB ADVANTAGES OFEQUITY STRIPPING EXCEL

LESS COMPLICAITED compared to other overly complex multiple entity structures, including a management entity.There is only the need for two LLCs (in most cases). You do not need more complex corporate entities. You do not need the additional cost and complexity of another entity as a management company to act as a decoy in the event of a legal dispute when dealing with tenants, contractors, vendors, etc., discussed in part H-1.

MUCH CHEAPER than overly complex multiple entity structures. You will save thousands on set up costs and annual fees.

MUCH MORE EFFECTIVE than overly complex multiple entity structures.ESE protectsallof your real estate equity with one of the most powerful proven deterrents to claimants and lawyers > debt; but even better, debt that belongs toyouas an asset via your lender LLC

SUPERIOR to commercial loans with liens. With ESE and your own lender LLC, there are no big loan applications, no bank committees, no credit reporting and no other hassles of bank-a-trama.There is no need to unnecessarily run up credit cards, credit lines and outside debt, along with the related loan costs.

DOES NOT ADVERSELY AFFECT YOUR CREDIT OR ENCUMBER YOUR EQUITY.It is not on your credit report and does not in any away impair your equity as a source for outside financing.

ESE IS PERFECTLY LEGAL.

There are no real disadvantages to ESE.It is truly one of the most powerful shields of real estate asset protection.

Anytime you accumulate real estate equity>Build it up,save it, protect it, move it, keep it. You accomplish this best with the ingeniousEquity Stripping Excel (ESE).

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LLC Master Machine Asset Protection Program Combined with Equity Strip

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