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LLC Provides Better Asset Protection Than an S Corp

By Ken Laino on November 20, 2015
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S Corporations and LLCs are both “pass through” entities for federal income tax purposes.  That is, owners are taxed on dividends/distributions; but the entity itself is not subject to federal income tax.  And, as I mentioned in previous posts –on March 26, 2014, July 2, 2009 and June 3, 2009 –both an S Corp and an LLC protect owners from the debts of the entity.

But with respect to an owner’s personal debts–there is a big difference between a corporation and a limited liability company.  If a creditor obtains a judgment against you, the creditor can generally get your S Corporation stock fairly easily.  That creditor, however, can usually only get a charging order against your LLC interest.

So when deciding what kind of entity is best for your needs–keep in mind that a limited liability company will generally be preferable from an asset protection standpoint.

  • Posted in:
    Corporate & Commercial, Corporate Finance
  • Blog:
    Asset Protection Law Journal
  • Organization:
    Schneider Smeltz Spieth Bell LLP
  • Article: View Original Source

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