The rich have for years formed seperate business entities to protect their personal assets. Many people without lots of personal property view these techniques as unnecessary because they don't have anything to protect. In reality, a seperate entity can be used in many ways to assist people in their everyday lives.
If you have ever watched late-night infomercials, you have
probably seen some so-called financial guru spouting advice about how to
protect your personal property. These
experts talk about owning property in the name of a different entity so that it
cannot be traced back to you.
In addition, visit any bookstore and you will see financial
titles essentially saying the same thing.
Look inside and you will see hundreds of pages of text discussing the
value of not owning anything in your name.
The problem with many of these titles is the underlying premise that you
have lots of property or other assets that need protecting in the first place.
Because of this underlying tone, many of us without lots of
personal assets assume that the techniques are only for the wealthy in
society. In reality, many of the ideas
presented in these books and courses are only for the rich because of the way
in which the information is given.
However, there are a lot of good reasons for the
not-so-rich, or even those who are truly living paycheck to paycheck to have a
separate entity in which they can turn.
The purpose of this article is to explain the basics of actually
creating a separate entity, and to detail the ways in which people who lack
lots of money and property can still use the entity in their everyday lives.
Before we begin our journey, it is important to understand
that sound business advice should only be obtained from a licensed
professional. The information in this
article is presented as a reference to get you started on your journey.
Limited Liability Company
The first thing that most people have to understand is that
a business entity, regardless of the type, is nothing more than forms that are
processed at the local probate court.
You do not need an office building or place of businesses to create a
separate business entity. In fact, there
are many businesses in this country that only exist on paper.
The easiest way for most people to create a separate legal
entity is by forming a limited liability company (LLC). An LLC is a business entity which creates a
wall of separation between the owners and the business. While one or more individuals form the LLC,
the business itself is a complete entity by itself.
Many small businesses form themselves as an LLC for the
protection it affords. Because the LLC
is a separate entity, if the business is sued, only the assets of the business
are at risk. Anyone filing suit against
the business cannot go after the assets of the owners of the company.
What also makes an LLC more attractive to smaller
businesses—as well as individuals using LLC’s—is the way in which it is taxed
and regulated. LLC’s have the advantage
of pass-through taxation. This means
that the profits and losses of the LLC can be recorded on the tax return of the
owners, rather than on a separate tax return for the business. This, of course, saves paperwork and time for
the owners of the entity.
Forming an LLC
An LLC is formed with what is known as articles of
organization. These articles are essentially
the same with most businesses. Some may
have a few extra specifications depending on the number of people forming the
LLC.
The articles of organization simply spell out the name of
the business, who owns the businesses, and the address where the owners can be
contacted. They also state that the
business is separate from the owners, and that the owners cannot be held liable
for the actions of the company—unless the actions are known to be fraudulent.
Typically for the reasons that you would be forming an LLC,
the articles of organization will be two to three pages at the most. However, it is these two or three pages that
will create the separate entity that you can use in your everyday life.
Once the articles of organization are put on paper, they
must be registered with your local probate court. This usually involves taking them to the
probate court and paying a county and state fee to register the LLC and record
the document.
Depending on the area in which you live, there may be taxes
imposed on the LLC. There may also be
rules regarding whether you need to obtain a business license for your new
entity. You will need to consult your
local business laws and regulations to determine if this applies to your
situation.
Real World Uses
Now that you have gone through the relatively easy process
of creating your separate entity in the form of a limited liability company, it
is time to use it in your everyday life.
Well, believe it or not, having access to a separate entity can make
your life a lot easier.
One way that your LLC can help is on your resume. Let’s assume that you have been out of work
for a while and need to explain this to potential employers. Well, you can state that you have owned and
operated your LLC. Or, if you simply
want to list yourself as an employee, simply give yourself a title and explain
what you do for your limited liability company.
No one has to know that you are the owner of the LLC, and for that
matter that the LLC really doesn’t do anything.
Another way to use the LLC is for your own credit
report. If you are someone who regularly
moves from one job to another, or do a lot of freelance work, you can list your
LLC as your employer on credit applications.
The advantage to this is that credit card companies look very heavily at
your time at one job. By listing the LLC
as your employer on everything, you are telling the credit bureaus that you
have kept the same job for years. This
will increase how favorably you appear to potential creditors.
Speaking of credit, you can actually use your LLC to obtain
credit. Now, this is much harder to use
when your LLC is fairly new. However,
after a few months of existence, your LLC will actually start receiving credit
card offers from companies. The longer
the LLC has been in business, the better the offers will become.
The key to all of these techniques is to keep your LLC
active. This usually means paying a tax
every year on the LLC, and sometimes filing forms with the state. The process is usually very easy, especially
considering what you are building by keeping the LLC active.
In addition, people who are savvy about using separate
businesses entities for their own purposes sometimes form more than one. You may find that after using these
techniques that having a couple of LLC’s to fall back on is right for you.
The bottom-line on all of this is that the rich use these
methods all the time to protect themselves and their property. There is no reason why the rest of us can’t
use the same techniques!