Business By Ayda Walsh Share Tweet Share Share Updated & Remastered for Tax Reform under the Tax Cuts and Job Act Little did I know...Most LLC's Have Great Money-Saving& Protection Benefits, But Most Are Structured Worthless!If you are new to the LLC's; you will find that LLC's ; Limited liability companies are powerful entities that can : Provide all of the legal benefits of a corporation; yet all of the excellent tax advantages of a general partnership; Help you avoid the legal disadvantages of a general partnership and Help you avoid the tax disadvantages of C-corps, S-corps and limited partnerships. They also avoid much of the legal complexity of corporations and limited partnerships. In short they are considered and recommended as the best of all worlds...unlike any other entity. This is why you will see a lot of real estate investors, small businesses all utilizing LLC's as their preferred business setup, but how you structure it can make a huge difference! LLC's as Part of REAL ESTATE TRANSACTIONS: Below you will find great content on Master Asset Protection Plan Program that can really help a lot of people with structuring LLC's the right way! Read on...LLC's can be used for all types of real estate transactions...Residential rental, commercial, wholesaling, short sales, rehabbing, new construction, sub-divisions, condo conversations, etc. So powerful are LLC's, they have diminished the importance of limited partnerships, family limited partnerships, C-corporations, S-corporations and land trusts (although they can be combined with land trusts).Plus, a properly structured LLC should...Protect your personal assetsSave you substantial amounts of taxesDefend you against IRS attacksPrevent legal disputes and save you legal fees and hasslesEnable you to successfully operate your real estate businessEnable you to legally and safely deduct real estate education expensesBut Most do NOT!Notice the above words Potential Power. Below are the reasons why most LLC's never reap the power of their great benefits.Just about all attorneys, CPA's and others, who form LLC's, use bare bones, boilerplate LLC documents. Consequently, your LLC is set up and operated WRONG, because these poorly documented LLC's...Do not shield you, causing your personal assets to be totally exposed. You therefore are not protected from legal actions (when you should). It is not the size of the entity, but rather the existence of complete and proper documents which provides the protection from personal liability for the LLC members.Do not save you in taxes (when they should). Having certain Tax Elections and Tax Matters in the operating agreement and other LLC documents can generate for you, yearly tax savings you didn't even know about.Do not defend you against IRS (when they should). IRS auditors typically examine LLC legal documents to see if they support tax deductions and strategies. If they don't, you are out the deductions and A LOT OF MONEY!Do not prevent legal disputes with partners or others (when they should). Having the proper language would do this and save you from costly lawsuits.Do not give you important operating guidelines for successfully running your business(when then should). LLC documents (esp. the operating agreement) should also be your road map to help you implement a profitable real estate business.In short, most LLC's simply do not give you the significant dollar-saving benefits that a well designed & documented LLC should give you!The SOLUTION...LLC & Trust Asset Protection SystemComplete System for the Formation, Organization & Operation of Limited Liability Company in All States' WITHOUT Expensive LawyersAlbert Aiello, CPA,MST - great resource!With this one-of-a-kind program, your new LLC will...Give you ironclad protection of your personal assets and valuablesGive you the ability to save substantial amounts of taxes every yearGive you the power to defend yourself against IRS attacksPrevent legal disputes and save you $1,000's in legal feesEnable you to successfully operate your real estate businessEnable you to legally and safely deduct real estate education expensesirrevocable trustNOTE: The documents can be used to also restructure your existing LLC with these same great money-saving benefits.This LLC forms package is specifically targeted to real estate operations. Thousands of hours and dollars have been put into this program. Nothing like it before has ever been created. You will not get it anywhere else.The LLC & Trust Asset Protection System Includes..THE REAL ESTATE OPERATING AGREEMENT EXTRAORDINAIRE*The operating agreement (OA) is the nuclear LLC document. It is the 'heart & soul' of the LLC. The OA Extraordinaire that we prepare for you is the most powerful OA ever. Adaptable in all 50 states, it is specifically designed for your real estate business so that the LLC's specific business purpose* is clearly defined.*Importance of Having a Specific Business Purpose - Most OA's do not state a specific business purpose. To the contrary, the specific business purpose should be explicitly stated to make it legally clear to the members, and if necessary to third parties. Our OA (and other LLC documents) are specifically for real estate. Not only does this aid to successfully accomplish the LLC's intended business purpose, but also has other advantages such as avoiding the costly tax status of being a dealer.Complete legal protection. At 121 pages in length, our OA contains over 240 legal provisions that cover every legal facet of your real estate investment operations so the LLC is an entity separate and apart from you. That is, the affairs of the LLC are not yours personally. Consequently, these provisions will give its members (you) limited liability protection, therefore making it very difficult for any court to pierce its entity veil. As a result your personal assets are protected.Avoid disputes. Included are special provisions to help prevent legal disputes with partners and others. You avoid expensive trial lawyers and the courts.Comprehensive tax-saving provisions. Like no other LLC documents, there are 11 Tax Elections* to give you favorable tax results that save you money.*Tax Elections are special tax law provisions that are usually favorable to the taxpayer, but which generally have to be made within a certain time period and in a certain manner. By having them in the OA, you have a reminder checklist so you don't forget them; or in case you do forget, you have excellent support in that by having the election already contained in the OA (a legal document), the election is timely and properly made. Also included here are certain tax elections you should avoid in order to audit proof yourself against the IRS. What protection!The OA also contains 35 Tax Matters all backed up by an arsenal of complete tax law cites authorizing 35 powerful tax-reduction strategies* specifically targeted for real estate.*Included are special tax provisions that authorize & support fully deducting real estate home-study courses and live seminars along with related travel, even if you do not own any properties. This is often a troublesome area with IRS...now resolved with our authoritative LLC documents.Business planning tool. Our OA also acts as an operating guide to enable you to effectively operate your real estate business.You may be asking "I am only a small operation, do I really need all of this?"The answer is ABSOLUTELY!Even more than that because there is this basic rule of entity protection: The smaller the entity, the more the need for such complete documentation! By having LLC legal provisions that may not pertain to you (at least for now), shows your meticulous attention to formality and gives your LLC the definite presence as an entity apart and distinct from its members operating as a separate legal entity, with a life of its own, difficult for any court to pierce its veil. The bottom-line benefits > you protect yourself against 'Demons' such as money-lust lawyers, wrongful creditors, IRS and the like saving you from having your valuable assets attached!Don't be intimidated by a 121 page OA! It's what is necessary to give you these great benefits of an LLC. Despite the length of the OA Extraordinaire, it is simple to complete with only about 7 or 8 entries to insert.PLUS a special OA for a C-corporation as a minority member of the real estate LLC partnership …where you can reap even more tax-saving deductions with no extra money going out, plus IRS audit proofing and asset protection."Wow that is a great LLC operating agreement!! Great program!!!" - Paul F. Spann, CPAComplete explanation and instructions to operating agreementThis comprehensive explanation introduces you to the OA; tells you how to use the OA; gives you the important reasons* so you can better understand and appreciate the powerful provisions in the OA. (*Knowing the 'why' is as important as knowing the 'how'.)"Thanks. Got the LLC operating agreement and other documents WOW great stuff!!!" - Bruce Mack, National Speaker"The Operating Agreement alone is worth $10,000!" - Lee Parker, Entrepreneur21 PROACTIVE* ENTITY FORMALITIES - To prevent piercing of the veil so your personal assets are protected.While they are extremely important in protecting you, once set up, these formalities are easy to follow and not time-consuming.In a lawsuit involving a small LLC, an attack on the non-use of entity formalities is often the single most powerful weapon of the opposition. Despite the fact that the LLC has been accepted by the state as a legal entity, without such formalities, claimants would find it considerably easier to prove that the LLC entity legally does not exist. Consequently claimants, along with their sue-happy lawyers, can seize your personal valuables.*Proactive means "preparing for, or controlling an unexpected occurrence". You will hear so called "experts" say LLC's do not have to keep minutes, or to hold annual meetings is not required. Even state statutes may allude to this. But by adhering to such formalities, even if apparently not required, shows your meticulous attention to formality, above and beyond what is generally thought to be required. This ensures, even further, that the LLC gives you limited liability protection like a gigantic shield.IRS > Another Demon! Without such formality, in the event of an audit, IRS may try to collapse the LLC entity in order to disallow member deductions such as travel, entertainment, meals, auto, education, etc. Other deductions could also be adversely affected. Negative Result: You lose tax $$$!COMPLETE AUDIO TRAININGThis newly revised edition now includes audio training where Al will personally get you started to protect you and your family.Lawsuits Are Hell!The results can be devastating. The loss of personal assets and the loss of LLC legal status for tax purpose could lead to a complete financial wipe-out and even bankruptcy, along with the emotional drain & strain on you and your family.The LLC Asset Protection System will prevent this from happening as it also includes...MINUTES OF MEETINGS: One of the most vital of the proactive entity formalities, includes...Minutes of members' first meetingSpecial minutes of meetings for important business matters andAnnual minutes of meetingsAll specially targeted for real estate operations with important real estate related matters; filled-in and ready to go.RESOLUTIONS: Resolutions are entity records of the official acts of the members of the LLC. They can be used instead of formal meetings, simplify entity management and save even more time. Resolutions authorize many important legal, tax and other financial matters. Ours are filled in for 20 important real estate related matters."Brilliant documents!" - Cheri S. Hill, President, CEO Sage International, Inc.LLC CERTIFICATES FOR EASE OF ISSUE AND TRANSFER - Includes both sides of certificate in plain language and readable print, not Martian script! Includes easy-to-understand explanation of both sides; step-by-step instructions to complete; sample-filled in formats for both sides. No more typing or hand printing difficult-to-read certificates. They can be completed in minute's right on the computer. Included clear meaning of certificate terminology such as 'sale', 'assignment, 'transfer', along with income tax, gift tax, and estate tax impact of certificate transfers.LLC Certificate Register to record the issues of certificates (units) to the members and later transfers. Blank format with easy-to-follow instructions and a filled-in sample. Again, no more typing or hand printing; can be completed in minutes right on the computer. No need to pay for an awkward corporate kit.IMPORTANT! Issuing complete certificates and recording them in the certificate register is an important (yet rarely done) entity formality to help prevent the piercing of the veil and protect the personal assets of the members. Plus, it is indisputable evidence of your LLC membership, essential in the event of: Disputes with partners; divorce; incapacitation; IRS audits, death (estate planning); asset protection (transferring the LLC membership units to a trust).Sample articles of organization with techniques to keep the members off the public record. Blank and filled-in formats.LLC documents are user-friendly and automatically generated...Larger print you can easily see and readPlain language (yet still very effective)Easy-to-understand formatOperating agreement has complete table of contents for easy referenceNOWHERE else will you find this superior LLC system!Many law firms would charge much more, as high as $2,000, $5,000 even more for one LLC and not with these extraordinary documents!And don't forget...You Can Resurrect Your Existing LLC's. These special LLC documents can be used to restructure existing LLC's. Like magic...you can transform a debilitating LLC into a powerful vehicle of wealth protection that will save you substantially, year in and year out!You just replace the old forms with the LLC & Trust Asset Protection System Forms without having to have to notify the state, WITHOUT expensive lawyers.Brand New From Al’s Legal Team:The Power-Elite TrustUnlike any other trust, The Power-Elite Trust (PET)is superbly designed as three trusts into one:Estate Planning Family Legacy TrustTo protect your family if you are ever incapacitated; to care for minor or handicapped children; to automatically transfer your estate to your family without delay, without the agony of expensive probate, without contest from unwanted heirs, X-spouses, future gold-digging spouses (& their kids), con artists, etc.A Privacy TrustYour personal assets are not in your name but in the name of the trust. You’re invisible!An Intrepid Asset Protection Trustwith special provisions giving you ironclad protection, further shielding all of your personal assets from claimants, lawsuits, lawyers, public-exposure, divorce, and other eradicators of your wealth.The PET adds another shield to privatize and protect the following family assets all that have value, otherwise subject to attachment:Membership shares of your LLC and other entitiesYour home, vacation homeVehicles – cars, RV’s, boats, private planesBank accounts, brokerage accounts, securities, annuities, life insurance, etc.Other personal valuables – jewelry, precious metals, antiques, art collection, etc.Far superior than a revocable living trust or a will, the PET’s 87 pages include all of the necessary legal protection provisions; estate transfer instructions; estate tax matters…all under your total control.NO adverse tax consequences whatsoever and no IRS or local tax returns are necessary. Includes step-by-step instructions. Comes with two different trusts, one for married spouses; the second one for an unmarried person. The PET, combined with a properly structured LLC via this system, gives you awesome, formidable, impenetrable protection !!!We purchased this prorgam along with some additional information to help setup our 2020 Businesses and investments the right way. I will keep blogging about how we are structuring our plans and if you have any questions, please drop me a line. Happy Savings and Protection! How useful was this post? Click on a star to rate it! Submit Rating Average rating / 5. Vote count: No votes so far! Be the first to rate this post.