Wealth Protection Planning

Monday, April 26, 2010

Advantages of Trading in an LLC

A Limited Liability Company has many advantages such as simplicity to operate, reduced corporate formalities and minimal documentation requirements. Structured as a “flow-through” entity, the LLC’s profit and loss will flow to each partner’s return. The characteristic of each income type will stay intact as it flows to each return. This enables a trader who has a capital loss carry forward in their personal name to be offset by future LLC capital gains. In addition, each partner will be able to take advantage of the beneficial 60/40 split (60% taxed as long-term capital gain and 40% taxed as short-term capital gain) of 1256 contracts.

The LLC also avoids the 15.3% employment tax. Thus, you can take cash out of the LLC without having to draw a salary! In order to receive benefits from trading inside an LLC, it should always be structured and taxed as a partnership.

Disadvantages of Trading in an LLC

The major disadvantage of using an LLC for your trading business is that you need a partner. You may also want to consult with our tax professionals to make sure there is no adverse state tax on an LLC where you are domiciled.

Click here for more information about "trading as a business".

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