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The Corporate Transparency Act

By: Ted Sutton, Esq.

The Final Rules Are In – New Requirements Ahead for Every Corporation, Limited Partnership, and Limited Liability Company 

Introduction 

Powertainment, LLC is a profitable company that helps aspiring entrepreneurs become the best version of themselves. It was founded by Patrick, Tom, and Adam. The three of them each agreed to own 1/3 of the LLC’s membership interests. Robert, a friend of theirs, comes to the company 45 days later. While he doesn’t own any membership interests, he has agreed to be the manager of Powertainment.

Each of the four men have different backgrounds and different areas of expertise. This wide range of available knowledge has resulted in Powertainment’s success. On top of employing 18 employees, the company generated over $6 million in revenue in the past year.

Tom recently found out from a friend that Congress passed the Corporate Transparency Act (or ‘CTA’). Nervous of what it would do to Powertainment, he went to the other three to voice his concerns. How would it affect their business? How would they have to report personal information to the government? What penalties would they face if they failed to comply?

The answers to each of these questions follow.

Corporate Transparency Act 

The CTA was enacted (said the bill’s sponsor) “to combat malicious actors using shell corporations” to move illegal funds throughout the United States. Many policy makers believe the CTA will deter criminals and their criminal acts. However, the effectiveness of this Act is yet to be seen.

The CTA requires both companies and beneficial owners to submit a report to the Department of Treasury’s Financial Crimes Network (FinCEN). Both requirements are discussed below.

Company Requirements 

So which companies are required to file? Under the CTA, companies must file if they are either formed by filing a document with the secretary of state or similar tribal office, or formed in a foreign country that’s registered to do business in the US. The Act also states many exemptions, most notably the “large operating companies” exemption. The requirements for being a “large operating company” include employing more than 20 full-time employees, accruing more than $5 million a year in gross receipts or sales, and operating from a physical office in the US. If your business meets these three criteria, you are exempt from filing.

While Powertainment meets two of the three requirements of a “large operating company”, it only employs 18 people. Thus, the exemption doesn’t apply to them. Powertainment must still report to FinCEN.

Beneficial Ownership Requirements 

So who exactly is a beneficial owner of the company? The CTA lists out two criteria, each being sufficient on its own to meet the Act’s definition. The first criteria mandates FinCEN notification for individuals owning or controlling at least 25% of the reporting company’s ownership. The second criteria requires reporting someone (and not necessarily an owner) who exercises “substantial control” over the reporting company.

This begs the question: What constitutes having “substantial control” over a company? It can encompass many different forms. It can mean serving as a company officer, having the power to appoint or remove members, making decisions for the company, and exercising “substantial influence” over the company’s important matters. In addition, the government can also look at other characteristics not listed to determine if an owner has “substantial control” over the company. Clearly, this definition is not entirely definite.

Because Patrick, Tom, and Adam each own 1/3 of the LLC, they automatically meet the 25% requirement. They must report as individuals. On the other hand, Robert does not own any interest in the LLC. But because Robert serves as the manager and is thus a company officer of Powertainment, he must still report. And, because he came to the company after the first report was filed, Powertainment must file an amended report within 30 days of his hiring.

What must be Reported 

There are two reports that need to be submitted to FinCEN. First, companies must report four information items. These include:

  • The company’s name and any trade name or DBAs (if applicable)
  • The business street address
  • The formation jurisdiction, and
  • A “unique business number” (This can be a company’s EIN number from the IRS)

Second, beneficial owners must report four information items. These include:

  • The name of the beneficial owner
  • Their birthdate
  • Their residential street address, and
  • A “unique identifying number” (This can be either a passport or a driver’s license, a copy of which must be submitted)

For companies formed before January 1, 2024, they must report this information before January 1, 2025. For companies formed after January 1, 2024, they must report this information within 30 days after receiving notice of the entity’s creation. As well, anyone who files the documents creating the company, such as a lawyer or paralegal, must have their information reported.

Because Powertainment was in existence before January 1, 2024, these reports are due by January 1, 2025. Here, Powertainment would have to report all four information items as the company. On top of this, Patrick, Tom, Adam, and Robert would each have to report all four information items as beneficial owners. A total of five reports, all for one business. For businesses with more people having substantial control, that number is even higher. If Powertainment has a change in ownership, or hire more people with substantial control over their operations, they have 30 days to file an amended report.

Penalties for Not Filing 

What’s the point of passing a federal law if there are no penalties? The CTA has its fair share of them, and they are steep if you don’t report. Fines can be up to $500 a day after the reports are due and can even accumulate up to $10,000. Even worse, you can be sentenced to prison for up to 2 years for failing to comply. Mere negligence here can lead to a criminal violation.

Let’s say that the Powertainment owners shift their ownership percentages and bring on a new vice president who now exercises substantial control. As mentioned, an amended report to FinCEN is due within 30 days. Like many Americans who forget about the numerous federal reporting requirements, if the Powertainment team forgets to report they may soon owe the government $10,000 in penalties. The government may grant no leeway in this situation. When the Act takes effect, everyday Americans could face significant consequences for not complying.

Conclusion

The CTA has far-reaching effects. Almost every entity ever formed will have to comply in some fashion. Will Congress’s aims actually work? Or will the bad guys figure out a way around the rules, leaving millions of American businesses with yet another government burden?

The CTA seems unlikely to be repealed. Fortunately, we at Corporate Direct are here to help. Starting in January of 2024, we can prepare your initial and amended reports and submit them to FinCEN. Feel free to contact us for more details.

How LLCs Can Protect Doctors

By: Ted Sutton

Doctors are frequent targets of medical malpractice suits. This is why many of them have malpractice insurance to cover these claims. But what happens when the insurance does not cover the full amount? In this situation, the last thing doctors want is to have their personal assets exposed. Fortunately, doctors have a few options to protect their assets.

Forming an LLC for their Practice

The first thing doctors can do is set up an entity for their practice. The entity must be formed in the state where the doctor is licensed to practice, and each state has different requirements. Some states allow doctors to simply form an LLC for their practice. Others such as California require doctors to set up a Professional Corporation (PC). A third group of states, including Illinois, require doctors to set up a Professional Limited Liability Company (PLLC). For the latter two categories, entity owners must be licensed members of their respective profession.

Forming an LLC for their personal assets

Using an entity for a medical practice is useful to protect against a slip and fall or other accidents on the premises. But what happens when the doctor is sued personally? A malpractice claim is personal, meaning the doctor can’t hide behind the entity. The patient, after collecting against malpractice coverage, can reach the doctor’s personal assets. Having a separate LLC for personal assets can prevent an easy taking.

To insulate from personal liability, many doctors use LLCs to hold title to personal assets, including stock portfolios and real estate holdings. But the patient may still attach the doctor’s interest in the LLC to pay their claim. Choosing which state to form the LLC makes the biggest difference in what the patient can collect.

Form an LLC in a Strong State

Some states, including Wyoming, offer better protection for one simple reason: the charging order. This order only allows the patient to collect any distributions the doctor may receive, and gives them no right to participate in the LLC’s management.

In Wyoming, the charging order is the only way that the patient can collect anything from the LLC. You do not have to make any distributions from a stock portfolio. So if no distributions from the LLC are made, the patient collects nothing. This can aid doctors, especially if the LLC holds valuable assets.

Other states, including California, have weaker protections. Contrary to only allowing the patient to receive distributions, a California court may force the sale of the doctor’s LLC to pay the claim. Do doctors want this to happen? Of course not, and fortunately, this scenario can be minimized. By forming the LLC in a state with better protection, the doctor is better protected.

Conclusion

Doctors must not only consider an entity for their practice, but also an LLC for their personal assets. When faced with a claim, these considerations make the difference between how much or how little a claimant can collect.

Multi-Member LLCs: Structure and Issues

By: Ted Sutton

LLC structure with regard to members

Graham has been a prominent real estate investor for over a decade. After coming from humble beginnings, he has built a large portfolio that holds over 100 properties. He decided to teach people how he did it, so he started making YouTube videos. Graham figured this would be a good opportunity for him to both educate a younger audience and generate a second stream of passive income. Over time, Graham began to build a large following. He also met many like-minded YouTubers along the way. He became especially close with Jaspreet, Marko, and Natalie.

Given their popularity, Graham and other three YouTubers decided to make a financial education super-conglomerate. A one-stop shop for financial education organized under one business entity. This fearsome foursome formed an LLC, contributed capital, and received membership interests in return.

This article illustrates how multi-member LLCs are formed, managed, and continued after a member departs. Each will be discussed in detail below, continuing with the example above.

What is a member? 

A member is an individual or an entity that owns an ownership interest in an LLC.

Here, Graham, Jaspreet, Marko, and Natalie are all members. A chart reflects their membership interests:

Multi Member LLC Graphic 1

When Entities Are Members 

LLCs are also allowed to be owned by another legal entity. In many cases, they are owned by another LLC. They can also be owned by a corporation.

The entity’s ownership must be reflected in both the Operating Agreement and the meeting minutes. When one LLC owns another LLC, the Manager from the entity with the authority to sign should sign both the Operating Agreement and minutes.

Marko has a very large stock portfolio. Because he is concerned about personal liability, he set up an LLC to hold his paper assets and another to hold his syndication interests. These two are owned by a passive Wyoming holding LLC. He then decides to have his Wyoming holding LLC own the new Financial Education LLC. This provides an extra layer of protection between Marko personally, and his interest in the financial education LLC. He signs both the Operating Agreement and the meeting minutes as the manager of his LLC. A chart illustrates Marko’s ownership interest below:

Multi Member LLC Graphic 2

If Marko is sued personally (after a car wreck, for example) a victim will have to fight through Wyoming’s very strong protections to try and get at Marko’s paper assets, syndication and financial education interests.

Ownership percentages 

Members can own different ownership percentages in an LLC. Generally, ownership percentages are based off the member’s capital contributions. However, members are also free to allocate the ownership percentages that have an economic basis in any manner that makes economic sense.

Graham has been a successful real estate investor who has a large portfolio. Since his net worth is significantly higher than the remaining members, he agrees to contribute $1 million to the Financial Education, LLC. Because Graham also manages each of his rental properties, he decides to take a more passive role in the LLC. He agrees to own a 10% membership interest. Jaspreet, Marko, and Natalie agree to run the operations and own 30% each. But Graham wants a priority return on his money, since he is putting up the most. It is agreed that he will receive the first $1,500,000 in profits, his money back plus 50%. These interests are reflected below:

Multi Member LLC Graphic 3

The LLC taxed as a partnership allows for priority returns like this. Be sure to work with your CPA on these issues.

Who is the manager? How to decide who will act as the Manager. 

The manager is, quite simply, a person who manages the LLC. LLCs can have more than one manager, and they also provide for two different management structures. 

Member-Managed LLC

The first is member-managed. In a member-managed LLC, the manager can only be one of the members. A member managed board can be all of the members. Management is determined by a vote of the members during a meeting. Members who want to have more control in the LLC may prefer this structure.

If their Operating Agreement specifies that the LLC is member-managed, then only Graham, Jaspreet, Marko, and Natalie are allowed to manage the LLC. 

Manager-Managed LLC

The second option is manager-managed. In a manager-managed LLC, the manager can either be one of the members, or the members can elect to hire an outside manager. This structure is ideal where members prefer a more passive role in the LLC’s affairs. We prefer manager management to better clarify and separate the roles between ownership and management, which can help solidify the corporate veil of protection.

Let’s say the LLC’s Operating Agreement states that the LLC is manager-managed. Kevin is a friend of the group and is also very passionate about financial education. He is known for his hard work and wants to be involved with the LLC. However, none of the other members want Kevin to own a membership interest. This doesn’t bother Kevin one bit. At their next meeting, the four members agree to elect Kevin to manage the LLC’s affairs. Everyone is happy. Kevin gets to do the management work nobody else wanted to do, and the four members get to watch their business grow. A chart illustrates this below:

Multi Member LLC Graphic 4

Member Leaves 

As is true with life, membership interests in LLC constantly change. LLC members can leave for a number of reasons, and there are several different ways they can leave, and how the remaining members can handle the ownership of the departed member’s interests. The most common method is including a right of first refusal provision in the Operating Agreement, described below.

Right of First Refusal

A multi-member LLC may select a right of first refusal provision. This procedure gives the remaining members first priority to buy a departing member’s interest. This helps the remaining members because have a say in who can take the departing member’s place. For this reason, we include such a provision in our Operating Agreement.

Here’s how it works. In the event that a departing member receives an offer to buy their interest from a third party, the departing member must first take that same offer to the remaining LLC members. The remaining LLC members then have the right to buy that interest on the same terms proposed by the third party. If the remaining LLC members refuse that offer, then the third party can buy the departing member’s interest on the same terms.

Let’s assume that the honeymoon period ends and relationships begin to sour. Graham is disappointed with the direction of the LLC and the other members’ philosophies. He certainly regrets contributing additional capital for a smaller ownership percentage since his priority return has not materialized. Graham’s friend, Andrei, learns of his discontent and offers to buy his membership interest. Andrei has always wanted to be involved in a financial education business. He also gets along with the remaining members. Andrei puts in an offer to buy Graham’s 10% membership interest for $750,000.

The Operating Agreement has a right of first refusal provision. Graham then goes to Jaspreet, Marko, and Natalie with Andrei’s offer. If the three members agree to buy the interest, they can pay $250,000 each to own the remaining 10% membership interest. If Jaspreet, Marko, and Natalie decline the offer (the more likely outcome here), then Andrei buys Graham’s 10% interest for $750,000. Andrei then must be voted in by the others to become a full member of the LLC with a 10% ownership interest and the rights to the priority return. A chart illustrates this process below:

Multi Member LLC Graphic 5

A Member Dies 

Another fact of life is that people die. When an LLC member passes away, there are several ways their interests can transfer. Each are described below. These transfers may also apply when a member leaves the LLC.

Jaspreet left the United States to visit family in India. However, his plane had mechanical issues en route and crashed into the ocean. Nobody survived. The remaining members were not only devastated but also unsure what to do with Jaspreet’s membership interest. Fortunately, the Operating Agreement may tell them how to proceed. 

Right of First Refusal 

As discussed, before, the company and the other Members may have the first right in the Operating Agreement to buy the deceased member’s interests. This can be useful if the other members don’t want to have Jaspreet’s heirs inside the business. The Operating Agreement provides a method for valuing Jaspreet’s interest. With Jaspreet’s estate paid off (in some cases overtime pursuant to a promissory note) the business continues with the working members.

Estate Transfers 

If allowed by the Operating Agreement, Jaspreet’s Estate (and/or other beneficiaries) may be allowed to own an interest in Financial Education LLC. The estate can always sell the interest to the other members if needed. Assume that Jaspreet’s wife Alex holds onto the LLC interest, then the chart below illustrates the ownership:

Multi Member LLC Graphic 6

Agreement is Silent 

If the Operating Agreement is silent on a certain event, then state law governs. Some states require that the LLC must be dissolved entirely when a member dies.

Let’s assume that the LLC is formed in a state with such a law, and the Operating Agreement is silent on the event of death. After Jaspreet’s death, the LLC is required to be dissolved. It doesn’t matter that Andrei, Marko, and Natalie are still alive. Their financial education business must end.

To avoid this unfair result, it is important to include Operating Agreement provisions that govern how membership interests transfer upon death or departure.

Conclusion

The above examples demonstrate that the LLC provides flexibility with regards to formation, governance, and membership departure. When forming a multi-member LLC, it is important to have a well-drafted Operating Agreement that spells out what to do when each event happens. Corporate Direct can help with all these issues. Schedule your free 15-minute consultation with an Incorporating Specialist to find out more!

 

 

Are You a California Resident?

Are you a California Resident?
You: I am out of your state for six months and a day!
California: Hold my non-alcoholic beer!

Many people believe that as long as they are outside the state of California for six months and a day they are not residents of California. And thus don’t have to pay California’s high income taxes. But the state of California is both broke and arrogant. And they make the rules the way they want.

The short answer is that you must be in your ‘home state’ more days than in your California home to avoid the state’s taxation. And for those who like to travel, tramping to Europe, New Zealand and the Nevada side of Lake Tahoe for just half the year won’t work with California’s wide, casting net.

What follows is a more technical explanation of California’s Franchise Tax Board (“FTB”) position on the issue. Please know that the FTB has more attorneys on the payroll than you do.

THE FTB’S DETERMINATION OF CALIFORNIA RESIDENCY

According to the FTB, a California resident is any individual who meets either of the following:  (1) present in California for other than a temporary or transitory purpose; or (2) domiciled in California, but outside California for a temporary or transitory purpose. As such, a California nonresident is any individual who is not a resident; and a part-year California resident is any individual who is a California resident for part of the year and a nonresident for part of the year. See, FTB Publication 1031, Guidelines for Determining Resident Status (2021), p. 4.

Residency is significant because it determines what income is taxed by California. The underlying theory of residency is that you are a resident of the place where you have the closest connections. These connections include, but are no means limited to, the following:

  1. amount of time you spend in California versus amount of time you spend outside California;
  2. location of your spouse and children
  3. location of your principal residence
  4. state that issued your driver’s license
  5. state where your vehicles are registered
  6. state where you maintain your professional licenses
  7. state where you are registered to vote
  8. location of the banks where you maintain accounts;
  9. the origination point of your financial transactions;
  10. location of your medical professionals and other healthcare providers (doctors, dentists, etc.), accountants, and attorneys;
  11. location of your social ties, such as your place of worship, professional associations, or social and country clubs of which you are a member;
  12. location of your real property and investments;
  13. permanence of your work assignments in California. In using these factors, it is the strength of your ties, not just the number of ties, that determines your residency. See, FTB Publication 1031 (2021), p. 5.

Generally speaking, your state of residence is where you have your closest connections. If you leave your state of residence, it is important to determine if your presence in a different location is for a temporary or transitory purpose. You should consider the purpose and length of your stay when determining your residency.

When you are present in California for temporary or transitory purposes, you are a nonresident of California.

For instance, if you come to California for a vacation, or to complete a transaction, or are simply passing through, your purpose is temporary or transitory. As a nonresident, you are taxed only on your income from California sources.

When you are in California for other than a temporary or transitory purpose, you are a California resident.

For instance, if your employer assigns you to an office in California for a long or indefinite period, if you retire and come to California with no specific plans to leave, or if you are ill and are in California for an indefinite recuperation period, your stay is other than temporary or transitory.

As a resident, you are taxed on income from all sources. You will be presumed to be a California resident for any taxable year in which you spend more than nine months in this state.

Although you may have connections with another state, if your stay in California is for other than a temporary or transitory purpose, you are a California resident. As a resident, your income from all sources is taxable by California. See, FTB Publication 1031 (2021), p. 6.

HOW THE FTB APPLIES THE SO-CALLED “SIX-MONTH PRESUMPTION”

There is widely thought to be a “six-month presumption” in California residency law to the effect that, if you want to avoid becoming a resident of the State of California, then all you need to do is to spend less than six months in California during any calendar year. Although the amount of time you spend in California does play a critical role in determining your legal residency, the real rule is more complex.

There is, indeed, a “six-month presumption,” established by regulation, that if a taxpayer spends an aggregate of six months or less in California during the year, and is domiciled in another state, and has a permanent abode in the domicile state, and does nothing while in California other than what a tourist, visitor, or guest would do, then there is a rebuttable presumption of non-residency.

As such, the real rule, established by regulation, is that the so-called “six-month presumption” consists of an aggregate of 183 days. Thus, if you spend a total of more than 183 days in California during any calendar year, then you are not entitled to the presumption. Furthermore, in order to qualify for the presumption, you have to be a domiciliary of another state and have a permanent home there (owned or rented).

For residency law purposes, “domicile” is defined by case law and the regulations as “where an individual has his true, fixed, permanent home and principal establishment, and to which place he has, whenever he is absent, the intention of returning.” If you are not a domiciliary of another state, and if you do not have an abode there, then you are not entitled to the six-month presumption. Furthermore, in order to qualify for the presumption, you must have only the kinds of limited contacts a tourist or visitor might have.

The FTB regulations envision this as restricted to owning a vacation home, having a local bank account, and joining a country club. Thus, if a taxpayer has any other contacts, there is no presumption. Furthermore, the presumption is rebuttable. As such, even if you meet all the requirements for the establishing the presumption, the FTB still is entitled to offer evidence to prove that you are a California resident. In addition, there is yet another presumption (otherwise known as ‘stacking the deck’) that the FTB’s rulings are correct, which you then must also rebut.

Despite these formal considerations, it should be noted that, as a practical matter, the FTB uses a “ledger analysis” in determining California residency. Under this “ledger analysis,” the FTB literally makes a ledger with three columns. One column itemizes your time spent in California; a second column itemizes your time spent in your home state; and a third “other” column itemizes your time spent elsewhere.

The FTB then compares your “California column” with your “home state column.” If you spent more time in your home state than you spent in California, then you prevail in the time category; and if you spent less time in your home state than you spent in California, then you lose in the time category. The idea is that the place where you spent most of your time (not necessarily the majority of the year) is more likely to be your home than not.

BRIEF DISCUSSION

Applying the California FTB’s so-called “ledger analysis” to the problem at hand, the problem may be restated, as follows: if you spend three months of the year in the State of Nevada (presumably in the “home state” column); you spend three months and a day of the year in Europe (presumably in the “elsewhere” column); and say, for example, you spend four months of the year in California (presumably in the “California” column), then it is easy to see that you spent more time in the State of California than in your “home state” of Nevada (the “elsewhere” column is not really relevant).

Thus, your stay in the State of California is not “temporary or transitory,” because you spent more time in the State of California than in your “home state” of Nevada. The underlying rationale is that the place where you spend most of your time (and not necessarily the majority of the year) is more likely to be your home than not.

CONCLUSION

As a practical matter, the California FTB applies a “ledger analysis” in determining California residency, and what really matters is that you must spend more time in your “home state” than in California.

One sure way to avoid all the FTB’s technical considerations for asserting their taxation is to sell your California home and move to another state.

Design Your Asset Protection Plan

You design a lot of things in your life. The layout of your house, the flow of your business, the requirements on your children, and many more scenarios are all elements of conscious design.

Asset protection is no different. There is an architecture, a cohesive structure, to your properly planned legal safeguards. Sometimes you try and do it yourself, which could be fine. Many people are into DIY. And yet, with all the asset protection misinformation on the internet, you’ve got to be careful. Does that overpriced ‘guru’ really know what they’re doing? You won’t know until the plan they’ve designed holds. Or fails.

Designing your asset protection plan does not improve with setting up more entities than you need. When your plan is solid with three LLCs, who benefits by adding 5 more LLCs to the mix? I know you will answer that question correctly.

Your effective design should never be a matter of confusion to you. If you don’t understand what your asset protection planner is suggesting, demand a clear explanation. If they respond that most attorneys and no clients will ever understand their ‘brilliant’ structure, get up and walk out. That’s not how it works. As well, if you ask to get a second opinion from another lawyer about the plan and they claim that no lawyer will even begin to comprehend what they’ve put together for you, as a special client and part of the elite inner circle, it is also time to leave. You need to clearly understand the plan. And so does your spouse.

Sometimes, like an old bridge, a plan design has fault lines. The structure appears fine, until it collapses under pressure. This can be the case with land trusts. Promoters tout them for their asset protection benefits while they offer no such feature. To cover this inconvenient issue, they suggest that one or more land trusts be beneficially owned by one LLC. The structure appears as follows:

Land Trust Structure

How will this structure hold up?

When a tenant in the duplex is injured on the property, they have the ability to sue the land trust for their damages. Some promoters claim that the tenant will never know the owner of the land trust because such information is confidential. Without exaggeration, this is one of the greatest legal fallacies in history. If the tenant’s attorney can’t locate the land trust owner all they have to do is publish notice of the lawsuit in the paper. It is very easy to do. And if the owner doesn’t respond to the lawsuit the tenant can win by default. You’ve lost the case and they are foreclosing on the property. “Well,” says the land trust promoter as they close shop and move 1,000 miles away, “I guess that didn’t work.”

Contrary to what these promoters may suggest, you don’t want to hide. You actually want to be found if needed, so that you can receive the notice of a lawsuit. You want to promptly turn the claim over to your insurance company so they can defend you and hopefully settle the case. If you hand them the claim after a default is entered in virtually all cases they don’t have to cover you. You didn’t give them proper notice of the lawsuit. Your design flaw is not their problem.

There is another design flaw in the structure above. Let’s say the promoter acknowledges that an LLC needs to be in the mix for its benefits of limiting liability. So, the beneficial owner (a required feature of land trusts and akin to a shareholder in a corporation or a member in an LLC) is listed as XYZ, LLC. When Land Trust #1 is sued by the tenant the liability flows to the beneficial owner, or XYZ, LLC.

Now if XYZ, LLC were on title to the property instead of the land trust, the liability would be contained within that one LLC. But in our design flawed structure, the liability flows from the land trust into the LLC. What does the LLC own? Not only Land Trust #1 but also Land Trust #2 and Land Trust #3. So the tenant can also get what the LLC owns, which is equity in all three land trusts. “Well,” says the land trust  promoter as they prepare to move to Alaska, “that didn’t work either.”

As is clear, the design of your asset protection plan really does matter. When building it listen to your little voice, the one that is always there and always protective. If the proposed plan doesn’t make sense, if it doesn’t add up, think again. Get another opinion. Your asset protection is too important to be left to unquestioned amateurs.

Corporate Direct, on the other hand, does not advise using land trusts or any overly complicated structures. We have been in the business of asset protection for over 30 years and we can help you structure your entities correctly and in a straight forward and affordable manner. Get your free 15-minute consultation to get started today!