Friday, August 25, 2023

Similarities and differences between LLC and Business Trust

This is a popular question - and here are a few remarks from James

Both LLCs and BTs are designed to hold legal title to assets. They both provide limited liability and have three income tax classifications (disregarded, partnership or corporation)

LLCs require SOS registration, franchise taxes and various other reporting requirements. They are easily found doing a public records search online. If the LLC owns real estate, the Recorders office will also display that data online. You can see the connection. And LLCs are now subject to additional reporting based upon the federal Corporate Transparency Act. In summary, you're under government control.

Business Trusts are the complete opposite. In most cases there is no state registration, franchise taxes or reporting. Public records research will come up empty because they're unlisted. Real estate holdings will display the trust name in the Recorder's database but it's a dead end street if you do the deed right. In summary, you get freedom.

LLCs are popular as most lawyers and attorneys advocate them for real estate and other holdings. Business Trusts are rarely understood by the legal community. But if you don't care about being popular and prefer asset privacy without government hassles and taxes then use a business trust.

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