We're Here to Help.Contact Us Today Is the S-Corp Right for Your Family Owned Business? Do you run a family-owned business? Is personal liability a concern? Are you looking for ways to transfer wealth to your children? Forming an S corporation as a vehicle for your family-owned business may be a great business and estate planning option. In California, the S corporation can be formed by electing to be taxed under Subchapter S of the Internal Revenue Code. In affect, the corporation will be taxed like a partnership. Both income and expenses are “passed through” directly to the shareholders. Income and expenses are taxed at the shareholder’s individual tax rate but corporate income is not taxed. Therefore, income from an S corporation is taxed only once. The S corporation gives shareholders of a family-owned business the advantages of the corporate form —including personal or centralized management and limited personal liability— while avoiding double-taxation. S corporations, partnerships and LLCs, share many tax attributes, but there are some significant differences which make an S corporation well-suited as an investment vehicle for the family-owned business. First, S corp. shareholders do not incur personal liability for business debts. This is a risk however, for general partners as well as limited partners who take an active role in their business. Shareholders of a family-owned S corporation may also benefit from the entity’s structure itself. For example, to be formed in the first place an S corporation requires as low as only one shareholder. However, even a partnership requires at least two owners. Next, the structure of an S corporation maintains continuity of ownership and management. When the ownership interests of a partnership or LLC are sold or otherwise transferred, the family-owned business entity may necessarily be terminated or extinguished. In addition, shares of an S corporation are more easily transferred than their counter-part interests of a general partnership or an LLC, which usually must be restricted to preserve pass-through tax treatment. Finally, in the S corporation family members maintain management and control of the S corporation. In the case of general partners, they must share management and control powers, and limited partners usually have no power at all. The LLC can have centralized management, but cannot switch or change the management structure without amending its articles first. S corporation shareholders have maximum flexibility to manage, or, not to manage at all. This management structure provides great benefit to a family-owned business where the family may desire to retain control over the business they have worked so hard to build. The S corporation can also be effectively used as a family tax planning tool. Parents in a high tax bracket can place income-producing assets— like rental property, stocks, or bonds— into a S corporation in exchange for voting stock issued to themselves. Parents can also issue up to $24,000 of nonvoting shares to their children. The benefit here is this transfer will be free from gift tax and will remove the value of the nonvoting stock from the parent’s taxable estate. In addition, the transfer shifts dividend income to children (who should be in lower tax brackets). For this tax savings to be effective the children must be at least 24 years old or, if the children are at least 18 years old and full time students they must be supported by at least half of their own earned income. This asset and income shifting technique is more flexible than an irrevocable trust because the parents or shareholders of the family-owned S corporation retain full control of the business so long as they own all of the voting shares. However, one must be careful because if the children are under the age of 18 or if they are full-time students under age 24 and less than half of their support comes from earned income, then any income from the S corporation stock over $1,700 will be taxed at their parent’ top marginal rate.
The S corporation is not the best fit in all situations, but a qualified attorney can help you to determine if this tax saving devise is the right choice for your family-owned business.
看到tallcuterich 关于房产的法律保护和LLCs的设置的好帖得到很多的关注和讨论，也简要分享一下自己在资产风险防范与传承方面的理解和做法。
1. 家庭资产数目和种类直接决定了哪些选用什么样的Liability防范和资产传承手段。一般家庭5，6米资产以下，自住加几个投资房，房子买够liability保险，再加上1，2米的伞险就足够应付各种的资产相关的liability风险， LLC不开也罢。如果开各类买卖经营以及管理公司，那么一定要建立相应的公司entity，使个人家庭资产不受公司运作的风险牵连不被公司债主追债。家庭净资产5，6米以下，estate planning有遗嘱和revocable trust就差不多够了。
2. 开各类公司的首要目的是赚钱，不是避税。如果公司不赚钱，无论LLC，LLP建多少个都是折腾个热闹。尤其一层套一层的母公司子公司孙公司就是给自己找麻烦，外加万一被Audit绕晕IRS，LOL。如果有几十，上百个房产properties，建立LLC从管理到风险防范都是必须的。遵循法律建立和运作的LLC是很难击穿的，虽然有被击穿的例子，但比例低到一般人可以不用考虑被击穿的风险。我的资深CPA说想击穿LLC的债主一定是跟你有深仇大恨的，而报仇应该有比击穿LLC更容易的办法。
3. 目前无数净资产超过10米的投坦成功人士需要考虑遗产税的问题了。按乐观估计再过10年就至少净资产20米，基本超过了免遗产税的额度，那么可以现在向CPA咨询建立Family LLC来开始将资产向儿孙辈转移。Family LLC没有GP， LP，都是members，分managing members（夫妻）和non-managing members（子女），non-managing members没有任何决策权，但收到的财产都是打折了30-40%的，这是建立Family LLC的最大优势。我个人觉得每年给每个孩子在LLC转移资产控制在gift额度之内，就是夫妻每年给每个小孩3万，遇上房产暴跌年份，赶紧利用遗产额度多多给。
4. 用于资产传承的Family LLC最好只hold 资产（房产股票Cash）而不参与经营。也不需要将所有资产都放进这里，免遗产税的部分就不用放了。收房租修修补补这类最好单独搞个管理公司做，不要在Family LLC 里做。这样减少Family LLC被人告的风险。
5. 至于网友们讨论的Family LLC里Capital Gain和每年的盈利分成交税的问题，其实与Family LLC无关。这些税如果有，无论个人还是LLC都要按IRS规则交。Family LLC的主要功能是传承资产。延税省税的高招大地主们多的是，谦虚的smlandlord 在tallcuterich 的帖子里写无数 LOL，我猜意思就是他都能搞定，不是问题 ：）
祝投坦地主们2022年发财发大财早日进亿
建议找做过很多Family LLC 报税的CPA咨询。各家有自己独特的情况，就算我是CPA也不会简单地说适合或者不适合。
我个人不会把主动的business经营带入Family LLC。传递资产的entity 外界带来的风险越低越好
https://www.neildymott.com/s-corp-right-your-family-owned-business
We're Here to Help. Contact Us Today Is the S-Corp Right for Your Family Owned Business? Do you run a family-owned business? Is personal liability a concern? Are you looking for ways to transfer wealth to your children? Forming an S corporation as a vehicle for your family-owned business may be a great business and estate planning option. In California, the S corporation can be formed by electing to be taxed under Subchapter S of the Internal Revenue Code. In affect, the corporation will be taxed like a partnership. Both income and expenses are “passed through” directly to the shareholders. Income and expenses are taxed at the shareholder’s individual tax rate but corporate income is not taxed. Therefore, income from an S corporation is taxed only once. The S corporation gives shareholders of a family-owned business the advantages of the corporate form —including personal or centralized management and limited personal liability— while avoiding double-taxation. S corporations, partnerships and LLCs, share many tax attributes, but there are some significant differences which make an S corporation well-suited as an investment vehicle for the family-owned business. First, S corp. shareholders do not incur personal liability for business debts. This is a risk however, for general partners as well as limited partners who take an active role in their business. Shareholders of a family-owned S corporation may also benefit from the entity’s structure itself. For example, to be formed in the first place an S corporation requires as low as only one shareholder. However, even a partnership requires at least two owners. Next, the structure of an S corporation maintains continuity of ownership and management. When the ownership interests of a partnership or LLC are sold or otherwise transferred, the family-owned business entity may necessarily be terminated or extinguished. In addition, shares of an S corporation are more easily transferred than their counter-part interests of a general partnership or an LLC, which usually must be restricted to preserve pass-through tax treatment. Finally, in the S corporation family members maintain management and control of the S corporation. In the case of general partners, they must share management and control powers, and limited partners usually have no power at all. The LLC can have centralized management, but cannot switch or change the management structure without amending its articles first. S corporation shareholders have maximum flexibility to manage, or, not to manage at all. This management structure provides great benefit to a family-owned business where the family may desire to retain control over the business they have worked so hard to build. The S corporation can also be effectively used as a family tax planning tool. Parents in a high tax bracket can place income-producing assets— like rental property, stocks, or bonds— into a S corporation in exchange for voting stock issued to themselves. Parents can also issue up to $24,000 of nonvoting shares to their children. The benefit here is this transfer will be free from gift tax and will remove the value of the nonvoting stock from the parent’s taxable estate. In addition, the transfer shifts dividend income to children (who should be in lower tax brackets). For this tax savings to be effective the children must be at least 24 years old or, if the children are at least 18 years old and full time students they must be supported by at least half of their own earned income. This asset and income shifting technique is more flexible than an irrevocable trust because the parents or shareholders of the family-owned S corporation retain full control of the business so long as they own all of the voting shares. However, one must be careful because if the children are under the age of 18 or if they are full-time students under age 24 and less than half of their support comes from earned income, then any income from the S corporation stock over $1,700 will be taxed at their parent’ top marginal rate.The S corporation is not the best fit in all situations, but a qualified attorney can help you to determine if this tax saving devise is the right choice for your family-owned business.
地主花心思考虑这些问题，没有意义。
TF， （掏成唐人街的一员，）又不是啥高尚事业
1。请问对每个房子的贷款和保险有什么影响？还是不需要有任何改变？好像板上有人说贷款人必须是持有人？
2。请问每个房子您是自己做pm吗（找租客，管理租客）？
对请专业PM公司管理的房子-由您自己的pm 公司和专业pm公司签约？那还需要房子所持有的llc和您自己的PM公司签约吗？
对您自己做pm的房子-还需要签约吗（房子所持有的llc和您自己的PM公司签约）？如果租客的律师搜集您自己管理的证据，如email等，是否很容易刺穿层层llc保护（所以对于打算自己管理的房子，就无需做此设计干脆直接放自己名下或revocable trust名下？）？
多谢！
我的投资房全部交给PM在管，我对管理房子不很懂，更不懂跟房客打交道。房产对我是存钱罐，对这里的大部分人是摇钱树，所以做法会有大差别。
你找CPA做当然就不懂任何用FAMILY LLC/ PARTNERSHIP做财产保护了嘛。你不能说不做生意就不怕别人告。你们夫妇或你的孩子出交通事故或其它事被他人发现你有钱把你告死的可能很大的啦。
你说CPA不懂财产保护那是没找到好的CPA。Family LLC最终是要找律师做，但先找资深CPA咨询值不值得做，以及做了之后对各个member税务上的影响。确定要做再找律师，写个万无一失的Operating Agreement。
告人打官司也是要花大钱的，告人的一般都瞄准保险的那部分钱，那部分钱反正是保险公司出。告到别人拼命聘最好律师上场的是傻瓜，一般中途就settle了。
请问family llc 费用是多少？