In jurisdictions where they are legal, families can work together by forming a limited liability company (LLC). All family members must share a connection through either blood or marriage. The family limited liability company (LLC) is widely used as a tool for estate planning, creditor protection, and intergenerational wealth transfer in family businesses. They operate similarly to a closed company.

Forming An LLC For The Family

One family member forms the limited liability company and is the only manager. The operating agreement defines and limits the ownership, operational decision-making, and transfer of assets within the family LLC. For legitimate commercial endeavors like managing real estate or investment accounts, a family limited liability company (LLC) might be founded. But, a small family liability company can only be utilized to handle the family home.

Family Owned Business Expenses

Forming and maintaining a family limited liability company may be expensive, and you'll need a lawyer with experience with family companies to help you get started. Although it is not required, it is usually preferable if the family's attorney has experience in the same industry as the family firm. Depending on the case's complexity, legal expenses might be anywhere from $3,000 to over $10,000. Costs related to holding annual meetings and quarterly tax filings are two further examples of what a family LLC might anticipate paying for.

Safeguarding Valuables

As was said, a family limited liability company can protect personal assets against lawsuits filed against the family. Members' assets are used to secure the business's debts with an LLC. An operating agreement may ban members from selling or otherwise disposing of their shares to protect the company's assets from being reclaimed by creditors. Creditors' power to meddle in LLC operations and recover assets is limited by other restrictions, such as the absence of some members' rights to vote or dismiss the management.

Preparing An Estate

Family limited liability companies are frequently utilized for estate planning in addition to conducting business. A family limited liability company (LLC) helps control and protect assets during life, passing wealth down through generations and minimizing tax liability.

What Entity Is Better For Family Investments?

There is no universally correct response to this issue; instead, it will rely heavily on your and your family's financial priorities and aspirations. Our WealthFocus on Business Entities provides a high-level overview, but you should talk to your lawyers and accountants to determine what's best for your business.

As limited liability companies (LLCs) are the most popular type of new entity formed by families, we will focus on them throughout the balance of this presentation. Yet, the principles discussed here also apply to family-limited partnerships and other types of family businesses.

Why Do People Set Up Investing Companies Inside Their Families?

There are several motivations for families to establish entities for joint financial investing. Most families that form an investing corporation do so to facilitate intergenerational wealth transfer and to provide their children access to investment opportunities they otherwise wouldn't have.

A family may choose to possess assets through a company to shield such assets from potential creditors. Also, many people employ companies when passing money down to future generations to take advantage of the tax benefits associated with the value of non-controlling interests.

How Might A Family Investment Entity Help Me Give My Kids Wealth?

A citizen or permanent resident of the United States may transmit an unlimited amount of their taxable estate to their children or descendants. (There are no limits on transfers between citizens who are married.) There will be no transfer tax on gifts of up to $12.92 million per individual in 2023 or $25.84 million per married couple.

See our section on wealth, focusing on providing for loved ones throughout your lifetime for a fuller treatment of transfer taxes. The date of transfer determines the value of the gift (and thus the amount of exemption used). Parents typically wish to be able to leave their children with assets that will grow in value over time.

The Conclusion

Consider establishing a family limited liability company (LLC) to shield a family business from lawsuits and other claims from outsiders and as an estate planning tool. An attorney with experience in family company formation should be consulted for all limited family liability companies. Establishing a family LLC in a state with favorable LLC legislation is also recommended.