Entity & Asset Protection Structure
The following article provides a summary of the steps involved in using a Revocable Living Trust to own your assets.
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1Video
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2Key Benefits
Avoid probate and keep the distribution of your assets private
Maintain control over your assets while you are alive
Provide for a successor trustee if needed
Offer privacy and confidentiality
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3What Will the Trust Own?
- Property or “Asset LLC” - keep this separate from your BUSINESS LLC or Corp
- Operating Business LLC or S Corp - never commingle an appreciating asset like real estate inside of your business!
- Property or “Asset LLC” - keep this separate from your BUSINESS LLC or Corp
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4Steps to Transfer Ownership of Assets to the RLT
- Retitle your assets, such as transferring ownership of your home from your name to the name of the RLT.
- Choose a trustee and beneficiaries:
- Decide who you want to manage the RLT and who will receive the assets when you pass away.
- Decide who you want to manage the RLT and who will receive the assets when you pass away.
- Provide instructions for how the assets should be managed and distributed.
- Specify how the assets in the RLT should be managed and distributed to your chosen beneficiaries.
- Retitle your assets, such as transferring ownership of your home from your name to the name of the RLT.
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5Separation of Operating Business(s) and Rental Real Estate or Other Appreciating AssetsHaving your operating business and real estate or other appreciate assets, such as crypto currencies, in separate limited liability companies (LLCs) can offer several benefits. Some of these benefits include:
- Liability Protection: By having separate LLCs for the operating business and real estate, the owners can potentially protect their personal assets from the liabilities
- Future Tax Benefits (short term and avoiding long term nightmares): Having separate LLCs can provide tax benefits, as each LLC can have its own tax classification and file separate tax returns.
- This can allow for more favorable tax treatment, such as deductions and credits, that may not be available if the business and real estate were combined into one entity.
- Allows the flexibility of making the “S” or “C” election on the Operating Business side
- REMEMBER - DO NOT EVER PLACE APPRECIATING LONG TERM RENTAL REAL ESTATE IN A CORPORATION! IF SOMEONE TOLD YOU TO DO THIS, RUN!
- Clarity of Ownership: Separate LLCs can help clarify ownership interests and simplify the transfer of ownership in the future.
- If a business owner wants to sell the operating business or the real estate, they can do so separately, which can make the process simpler and more straightforward.
- If a business owner wants to sell the operating business or the real estate, they can do so separately, which can make the process simpler and more straightforward.
- Increased Flexibility: Having separate LLCs for the operating business and real estate can offer increased flexibility in the management and financing of each entity.
- This can make it easier to raise capital or make changes to the business structure as needed.
- Allows you to take on debt or equity on one side, without affecting the other.
- Liability Protection: By having separate LLCs for the operating business and real estate, the owners can potentially protect their personal assets from the liabilities
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