Have you ever wanted to invest with a partner or investment club? Or maybe you have a bunch of family members who want to pool their money together. One of the best ways to do this is to form an LLC for your investments.
An LLC is a limited liability company that can be used for a variety of purposes. One of the more interesting uses of LLCs is to allow a group of people to pool and invest money. It can also be used for other investments such as real estate.
Recent tax changes have many people excited about the idea of forming an LLC to potentially save money on taxes. But can you? Or is what we see on social media just a myth? The tax implications are explained below.
Here's why and how to consider forming an LLC for your investments.
Why Form an LLC for Investment?
The benefit of using an LLC for investing is the LLC operating agreement. The LLC operating agreement states what you can and cannot do with your LLC. Therefore, it is very suitable for setting up investment vehicles for multiple people or parties.
For example, common provisions in LLC operating agreements include how individuals can sell their shares in the company. Typically, when setting up her LLC for investment, she prohibits other members from selling her LLC shares without the other members' permission. This prevents the ownership structure from being changed without the consent of all members. Many LLCs are formed for families, so ownership of the LLC remains within the family.
Another common provision is to define how the LLC's funds will be invested. Similar to a mutual fund prospectus or an ETF prospectus, you can define how your LLC invests in your management agreement. You should probably invest at least 60% of your money in stocks. Having a good plan and structure will help you get buy-in from everyone involved.
Finally, some operating agreements may require members to make periodic contributions to the LLC. If you form an LLC for your investment club, you may require each member to contribute $50 per month to her LLC. This vests all club members in the club and LLC.
Famous Family LLC for Investment
You may not realize it, but many wealthy individuals utilize LLCs for their investments. For example, Wal-Mart's largest shareholder is Walton Enterprises LLC. This is an LLC formed by the Walton family to manage ownership of Walmart. Walton Enterprises LLC has six known members who are the heirs to Sam Walton's empire. The Walton family's assets are collectively worth about $150 billion. However, most of this wealth is parked in LLCs. On the other hand, LLCs own assets such as Walmart and several other small businesses.
Bill Gates is another famous person who holds most of his wealth in LLCs. He owns his Cascade Investment LLC, which manages the remaining shares in Microsoft and other investments he makes.
Where to form and invest in an LLC
Anyone can easily form an LLC for investment. The key is to make sure all members of the LLC agree to the operating agreement, which is the terms under which the LLC will operate.
There are two approaches to this. It depends on whether you are investing with others or for your retirement.
Investing with others
If you want to form an LLC for investment, we recommend the following Noro. That's the company I used to form my LLC and I'm very happy with them. The price is reasonable and the support is excellent. Setting up an LLC for investing takes about an hour. Noro. Nolo will then file the paperwork with your state and you should be officially certified within a few weeks (or months in some states).
Note: Some states have fees associated with LLCs. For example, in California, you must pay at least $800 per year to maintain your LLC. When getting started, be sure to be aware of your state's requirements. You want to see if the value of an LLC (both state fees and additional tax preparation costs) is actually worth starting an LLC.
Once you have your LLC documents, you will need to open a brokerage account in the LLC's name.
It is recommended to use charles schwab For this. They are a full-service brokerage firm with extensive online options and easy support.
Open a Schwab account here.
To get started with Schwab, simply select “Other Account Type” and “Limited Liability Company.” Next, you will be asked for information about your LLC operating agreement and a copy of it once your application is complete.
This is also an account that typically cannot be opened online, but you can open an investment account right away by submitting your LLC operating agreement. I think I can go in about a week. When I opened the account, the paperwork took about 2 hours and the account was open by the end of the week. I also received a sign-up bonus for my first deposit when opening an account.
Want other options for forming an LLC for your business to invest in? Check out our list of the best deals for opening a brokerage account: Best Online Stock Brokers.
investment for retirement
If you want to invest in non-traditional assets (real estate, cryptocurrencies, etc.), you can still do so if you have a retirement account, but you must do so through an LLC.
This is especially helpful for individuals with a solo 401k or large IRA.
In this case, you should consider a 401k or IRA provider that offers checkbook management for your investments. That means forming an LLC that is owned by your IRA or 401k.
When investing your retirement savings in alternative assets, your choice of provider can make a big difference. My top recommendation? entrust group. With a rich history spanning over 40 years, they offer unparalleled expertise. The user-friendly Entrust Client Portal is an industry standout and goes a step further by providing extensive educational material on investing retirement funds through LLCs. Learn more about Entrust Group >>
You can also see a complete list of self-directed IRA providers here.
Using an LLC for real estate investment
One of the most common reasons to use an LLC for investing is to invest in real estate. An LLC not only protects you from potential liabilities, but also provides a framework for dividing investment ownership in real estate.
This is very effective if you plan to own multiple properties or have multiple investors in one property.
One of my favorite ways to start a rental property business is through crowdfunding. Similar to LendingClub, you can start investing in real estate with as little as $5,000 on platforms such as: real estate tycoon. Why not try it in a group? That way, each person can invest. Once again, you can solve your DIY problems.
Another similar platform is Fundraising activities. Our starting price is just $10 and we also offer a variety of options that we love. Fundrise has performed extremely well in passive income investing over the last year.
Both of these platforms allow you to invest using your LLC, but you will need to speak to their customer service team to get started.
Tax implications of using an LLC for investing
With all the buzz surrounding the Trump tax cuts that took effect in 2018, many people are starting to wonder if they can save on taxes by using an LLC. I mean, who wouldn't want to save money on taxes?
Important note: I am not an accountant or tax expert, and I certainly am not your accountant or tax expert. If you have questions about the tax implications of investments, business structure, etc., you should seek advice from a tax professional.
Now, with that being said, what are the tax implications of using an LLC for your investments?
The IRS does not recognize an LLC as a business entity – it is a pass-through. What this means is that each member reports “whatever” their share of taxes as if the LLC did not exist. So if you have two employees, and the operating agreement specifies a 50/50 split for her, each person will report income, losses, dividends, etc. 50/50 for him.
Therefore, most LLCs used for investments have capital gains, losses, and dividends. Each is then assigned to a member according to the operating agreement. Members in turn report the amount of the tax as if they had received the tax. Therefore, the tax implications for each member will be different.
What happens to the 20% tax deduction for LLCs? This is a common misconception. The 20% pass-through income deduction is available to business owners who own their businesses in pass-through entities. So if you don't own a business, you can't take the deduction.simply Holding an investment in an LLC does not mean owning a business.
So if you're just investing within an LLC, you don't get any kind of special tax treatment. The IRS basically treats everything as if the LLC didn't exist.
What about putting my personal assets in an LLC? This is another big myth inspired by TikTok. Again, just forming an LLC doesn't suddenly turn your personal expenses into business expenses. There is no reason to put your personal assets in an LLC. Attempting to claim personal expenses as a business deduction is tax evasion.
Alternatives to using an LLC
So why use an LLC for your investments if you don't get special tax benefits by using one?
Well, you end up investing with other people. When you pool money with other people, there needs to be some organization and agreement on how things are done.
Therefore, common scenarios for using LLCs are:
- investment club
- real estate
- family business/money
We'll discuss each one and the alternatives for each.
investment club
Investment clubs that actually pool funds are disappearing. reason? Investing is so cheap these days! There is no reason to pool money.
In the past, significant cost savings were possible by collaborating when investing. Suppose he has 20 members in an investment club who all agree to buy certain stocks. If the funds are not pooled, each member will have to pay a fee of $9.99 per transaction. Therefore, as a group, the investment club would lose almost $200 in fees. If you pool your funds, you will only trade once and the cost will be $9.99. That would save the entire group $190.
The following services are currently offered: M1 Finance, you can invest for free, so there's no reason to pool your money. Clubs can create portfolios and each member of the club can make changes for free.
Check out other free investing apps here.
real estate
Real estate is a great scenario for using an LLC, especially if you want to allocate income and expenses differently than ownership.
However, there are alternatives to owning real estate (albeit not as good). Specifically, you can hold ownership of real estate directly as joint tenants. This controls ownership but does not help with income and expenses.
If it is just a partnership, it can be divided. However, if you have more than two people, you will probably need an LLC. Additionally, LLCs are great for liability purposes.
family money
When you have a large amount of assets, including a business, and many family members “own” it, as was the case with Walton, putting it into an LLC with a clearly defined operating agreement and manager is very Makes sense.
This is usually reserved for large estates as it is expensive. If you only have a little money to invest, it really doesn't make sense to go through the hassle of an LLC.
Do you use an LLC for your investments? Have you considered opening an account with a friend or family member?