In what kind of scenarios would it be advantageous to form multiple LLC's that have an umbrella LLC?
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In this audio snippet, you'll hear about:
- Determining factors that control the structure of any enterprise include risk, liability, control and taxation issues.
- For most small businesses tax issues are probably the largest.
- He informally calls it "layered LLC's"
- Don't attempt to create layered LLC's by yourself because it is complex.
- If issue of layered LLC's comes up, you're going to need more than one attorney.
- Real estate is a good scenario to have an LLC for each rental
- Good in this scenario for liability protection
Audio Transcript
Travis:
In what kind of scenarios
would it be advantageous to form multiple LLCs that have an umbrella
LLC?
Yosef:
Tough question but let me try to give you some background.
Travis:
OK.
Yosef:
The determining factors which ultimately control the structure of any
business enterprise will include risk issues, liability issues, control
issues, and taxation issues.
For
most small businesses taxation issues are probably going to be the
largest just because a significant part of the taxation also involves
outside investors. Having what I guess would fully call "layered LLCs"
in some respects can help when you have multiple investors.
Travis:
OK.
Yosef:
It comes back to issues of control and taxation. But here's the thing:
no investor, say no shareholder, no manager of an LLC will ever attempt
to create layered LLCs by themselves.
Travis:
Something that's best done with the help of an attorney huh?
Yosef:
I wouldn't just...If the issue of layered LLCs comes up you're going to need more than one attorney.
Travis:
[laughter]
OK.
Yosef:
I can tell you from my own practice that I work very frequently with
investments where there are up to five different LLCs that are layered
on top of each other.
Travis:
OK.
Yosef:
And the purpose of each LLC is very distinct from the other.
Travis:
Wow that is so interesting.
Yosef:
The distinctions again fall back to issues taxation; one LLC will have
an advantage in that respect; issues of control, issues of management,
issues of risk, and issues of liability. Sometimes there are issues of
a non–entity playing in as well.
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