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The Benefits of Including an LLC as Part of Your Estate Plan

Posted by Aubrey Carew Sizer | Nov 22, 2021 | 0 Comments

Limited Liability Companies (LLCs) are an important tool for small business owners, but did you know that they can also be useful in estate planning? For some individuals, an LLC can be a useful tool to help pass assets to children while minimizing gift and estate taxes. If you have questions about how an LLC may help you with respect to your goals for providing for your family, consider scheduling a consultation with The Law Office of Aubrey Carew Sizer PLLC by calling (571) 403-2619 today.

An LLC is somewhere between a partnership and a corporation. Like a corporation, LLC owners are protected from liability. But like a partnership, the owners report income and losses from the company on their personal tax returns. LLCs also have fewer fees and filing requirements than corporations, as well as fewer rules about how the company is organized and managed.

If you have a large estate, a "Family" LLC can be used to pass assets to children without being subject to gift and estate taxes. In 2021, the estate tax exemption is $11.7 million for individuals and $23.4 million for couples. That means that any estate over the exemption amount will have to pay federal estate taxes at a 40 percent tax rate. The lifetime gift tax exclusion – the amount someone can give away without incurring a tax – is also $11.7 million. While a parent can give their children $15,000 each per year (in 2021) without the gifts counting against the lifetime limit, any amount gifted over that eats into the lifetime limit. These limits are set to drop back down to the previous exemption amount of $5.49 million (adjusted for inflation) in 2026.

The way the Family LLC works is that the parents and children create the LLC and transfer assets into it. Each state has its own rules on how LLCs are established. LLCs can hold cash, real property, and personal property. Once the assets are in the LLC, the assets are translated into units of value. Family LLCs are set up with the parents as the managing members and the children as the non-manager members. This means the parents have control over the assets while the children have restrictions on what they can do with their membership interests. 

The tax advantages come when the parents transfer assets in the LLC to their children. Because the children are non-managing members of the LLC, any assets transferred to them receive a valuation discount of up to 40 percent of the market value. For example, a parent can transfer an asset worth $10,000 to a child, but because of the 40 percent valuation discount, the asset would only be taxed at $6,000 when transferred. This allows parents to transfer more assets to their children without hitting the gift tax exclusion limit while at the same time reducing the value of the parents' estate. 

LLCs also have other advantages including protecting assets from creditors, streamlining management of family assets, and providing flexible control over the management of the assets. The disadvantage of an LLC is that it is more costly and involves more rules and regulations than traditional estate planning instruments. Because LLCs are complicated, you should consult with a seasoned estate planning attorney before setting one up.  

About the Author

Aubrey Carew Sizer

Aubrey Carew Sizer is the Principal Attorney of The Law Office of Aubrey Carew Sizer PLLC a Northern Virginia law firm providing representation for Wills, Trusts, and Estate Planning, Long-Term Care Planning, Guardianship and Conservatorship, Special Needs Planning for the Disabled, and Probate, Estate and Trust Administration.

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Attorney Sizer provides customized and affordable estate planning (including wills, living trusts, powers of attorney, and advance medical directives); elder law services (including long-term care planning, special needs planning for the disabled, and guardianships and conservatorships); probate, estate and trust administration (including advising executors and administrators of estates about post-mortem planning and the local probate process in Virginia), as well as general aging and disability advice in Northern Virginia, including but not limited to Arlington, Alexandria, Ashburn, Bristow, Burke, Centreville, Chantilly, Gainesville, Fairfax, Falls Church, Haymarket, Herndon, Leesburg, Manassas, Manassas Park, Reston, Springfield, Sterling, and throughout Loudoun, Prince William, and Fairfax counties.

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