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Updated almost 4 years ago on . Most recent reply presented by

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Jeff McNutt
  • Investor
  • Barnhart, MO
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Series LLC

Jeff McNutt
  • Investor
  • Barnhart, MO
Posted

Does anyone know which podcast talked about using series LLC. The entire show was about protecting your assets I think.

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Scott Smith
  • Attorney
  • Austin, TX
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Scott Smith
  • Attorney
  • Austin, TX
Replied

@Brian H. I wouldn't use the Series LLC in California since franchise tax will kill you at $800 per Series, the same as the tax rate for an LLC. Instead, what I structure is a DST, when properly structured and managed, there is very good reason to believe that it can avoid franchise tax while offering you the protections of the Series LLC.

@Dave Toelkes I am unaware of any successful challenge to the Series LLC based upon the structure itself. We would expect a successful challenge based upon the same grounds as multiple LLC's (i.e. comingling assets).

@Matthew Kreitzer They should, it lowers the transaction costs for doing business structures that companies do anyway. Do you see any reason to not use the Series LLC over the traditional when the asset holdings of the Series LLC are within the risk tolerances of holding in a single LLC?

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