Originally Posted by Newby
I don't fully understand the hows and whys but my insurance business operates under an S-Corp and my real estate is owned by my LLC.
It was set up by my attorney and my wife who is a CPA so hopefully it's not set up that way to make it easy for my attorney to run off with my wife!
The S-Corp is used because of taxation, and the ability to pass thru to shareholders income as dividends, which avoids self employment and medicare taxation, or 15.3% on each dollar of dividend income, versus earned income.
The LLC is used because it is harder to levy against assets owned within the LLC. Hard to obtain a charging order against an LLC that has multiple members, and collections and liability can only be assessed against distributions from the LLC, as a general rule.
I would also imagine that your S-Corp owns little in the way of assets... so that is the part that you will get to keep after the Atty and Wife abscond with the asset rich LLC...
OR, maybe it is such that your two trusted advisors, wife and Atty, have simply done a great job of implementing the asset plan, so that if and when you have a liability problem over a claim for liability or from a creditor, your ass(sets) in pretty good shape.