asset protection and tax implications

1 Reply

I'm looking into setting up a series LLC with a trust as the manager of it. I was wondering what kind of tax implications this would have if any. Thanks.

@Brent Mattison

I'm not a lawyer or attorney, so this isn't professional advice.  (Required disclaimer!)

In Texas, there would be no specific tax implications from the scenario you've described. Texas treats a Series LLC as a single legal entity for the purpose of taxation, meaning it only files one franchise return.

On the IRS side of things, you would still want to file to have your LLC taxed as an S-Corp to benefit from pass through taxation. If you name the trust as the manager, you could legitimately pay the trust a salary for managing the company, but you can do the same thing by naming yourself.

I'm not sure what your purpose is for naming a trust as the manager of the LLC. In Texas, I only have to name my agent on the Secretary of State filing, which is only for the purpose of receiving notices and process servings. The agent would usually be an attorney, who wouldn't be able to disclose the names of the Members or Manager(s). The Manager(s) are only named in the Operating Agreement, which is a confidential document. Perhaps this is a difference in state laws.

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