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ASSET PROTECTION

LIMITED LIABILITY COMPANIES  (con’t)

                                                                                                                                  

 

 

There are no major differences in the federal income tax treatment of LLC’s and limited partnerships.  The principal advantage of the LLC, the limited partnership, the limited liability protection afforded all LLC members and managers.  Limited partnerships are required to have one or more general partners, who are personally liable for partnership debts and obligations.  The LLC affords limited liability protection to its members regardless of the extent to which they participate in management and control of the LLC business affairs.  A similar result might be obtained by use of a limited partnership with a corporate general partner controlled by the limited partners.

 

If the IRS continues to ease its positions concerning free transferability and continuity of life, and if states continue to adopt LLC statutes, these constraints will diminish or dissolve, and the LLC will become the entity of choice for more transactions.

 

A very effective and useful Asset Protection vehicle would entail the use of a LLC.  The specific arrangement would depend on your particular circumstances, business activity, and the type of assets owned.  If you are engaged in any business or if you own property, we recommend that you take necessary steps to arrange your affairs in order to maximize the income tax, estate planning and lawsuit protection techniques currently available.

 

F. Darrell Lindsey

U.S. State Licensed Agent/Broker

State Approved Captive Manager

 

        

 

 

 

 

 

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