Benefits of Using a Holding Company | 4 Reasons To Consider A Holding Company For Your Business
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- Опубликовано: 23 июл 2024
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In this video, we're going to be talking about holding companies - what they are and why you may benefit from having them in your small business structure.
A holding company is a little bit different than your typical operating company. In a holding company, it's not selling anything - they're not taking any revenue, it doesn't have any expenses or payroll. It's not really a business in that sense of the word.
Instead what a holding company does is that it holds assets for tax reasons and for liability reasons.
Here are the 4 main reasons you might benefit from using a holding company;
1) Asset Protection
2) Eligibility of the Lifetime Capital Gains Exemption
3) Investment Vehicle
4) Timing of Dividend Payments
If you like this video please share it with someone or post the link on social media. Thanks for watching!
#SteveParr #ParrBusinessLaw
Great video. Very precise information without all the fluff.
Best, most precise, most easily understood explanation I've found!
This video was exactly what I've been looking for thanks
So glad you found it helpful!
Great vid Steve! Thanks for the info
Glad you liked it!
You've gained a subscriber ❤️
Nicely explained 😊❤️
Great video Squire, a very enjoyable and good watch 🙂
Glad you liked it! 😊
*This is Canadian advice
Thanks for the good info and advice
Very well explained.
Thanks.
nicely explained
nice. i enjoyed the content and planning to revise my own European Holding Company strategy.
Greatly explained
Amazing Information. Crisp and Clear explanation
Thank You
Our pleasure!
Very well explained
Steve great content
Peace… Shalom… Salam... Namaste and Thank You for All that you are doing to Heal our Mother Earth 🙏🏻 😊 🌈 ✌ 🌷 ☮️❤️
thank you steve!
awesome explanation
Good job Steave - what do you think about Estonia as holding jurisdiction?
Good job Steve
Nice one bro
Clear explanations are a rare find on this topic. Thanks. Is this essentially the same around the world?
No, this is specific to Canada only.
Hello friends,
I have 1 question: For holding companies or companies investing in other companies, where will their revenue come from ?. Thanks.
Thanks so much for this video, this one is just as helpful as all your others. One question...can you transfer your LLC to a revocable trust by way of an assignment?
Great question - we practice Canadian law, and so we're not able to help you with this, but feel free to reach out to my friends at ryanswansonlaw.com/ they can help.
Anything related to Canadian law, feel free to reach out to us directly www.parrbusinesslaw.com/contact for more information!
How would I pay myself if I worked for an operating single-member LLC owned by a single member Wyoming Holding LLC? (I am the owner of both and directly work for the operating LLC.) I am wanting to be taxed as an S-Corp (and be able to received distributions), and also have the asset protection of the Holding Company. Would the operating LLC be disregarded and the Holding LLC the S-Corp? Thanks!
Thank you for reaching out with your question! It's great to see you're thinking strategically about the structure of your businesses. However, it's important to note that we are Canadian-based lawyers and our expertise is primarily in Canadian law. The specifics of forming and operating LLCs and S-Corps, especially in the U.S. and states like Wyoming, can be quite different from Canadian business structures.
For your situation, it's best to consult with a U.S.-based legal professional.
Love your video. I'm planning on starting a company and not sure when, but want to have that OC owned by a holding company. Could I setup a Holding Company, but essentially have it inactive until I create an operating company? For instance do I have to file any taxes if the company is formed but not doing any business yet or having any associated operating companies?
Hi Steven - any company in Canada, irrespective of activity, must file a tax return. If there's no activity whatsoever, it's referred to as a 'nil return' and of course there would be no taxes payable, but regardless the T2 needs to be filed.
I need to find if the U.S. has the "LCGE" option 🤔
or California
Hi Steve, do you recomend creating the operating corp after the holding corp or the inverse? I need to create both and I'm trying to save time and hassle by not doing it the wrong way then having to make amendments.
Hi Will, I can't provide advice specific to your situation.
Good morning, I hope all is well with you!
Thank you for sharing this valuable information.
I have a question: Can I create a holding company for personal properties?
Hi there! Yes, a holding company can hold anything.
It's a very interesting topic. I like to learn more.
Glad you enjoyed it!
Thank you for your time and sharing your information. To improve comprehension please practice to speak more slowly on critical information. Such as when microphones were not available in theatre, actors had to practice speaking clearly, slowly, and with an open mouth during theatre rehearsals .
Thanks for the suggestions and for watching ! :)
Hello, thank you for sharing. Can we move assets under personal name to holding company? After move , what these assets belongs to personal or Company ? Thank you
Yes, you can - however there are tax and legal implications that need to be navigated carefully otherwise the transfer of assets could bring a big tax hit. Consult with your advisor!
nice!!
If a holding company is in low-tax country like the IOM [Isle of Man] owns private-limited companies in the UK. What is the tax position?
A holding LLC in Delaware that owns an operating Florida LLC.
What address should i use as principal address for the holding entity when requesting the EIN?
Florida (where i live), or a virtual address in Delaware?
I don't practice US law - can't help!
What if you have a trading account in your operating company? Should this be transferred into a holdco? Are dividends received from these companies or capital gains, tax deferred inside a holdco?
Hi there! Chat with your accountant. Reach out for a referral if you don't have a competent one: www.parrbusinesslaw.com/contact
Thanks 🙏
You’re welcome 😊
Question - I currently own an operating company and have large equipment that is fully paid off. How would I transfer the asset to the holding company without creating a taxable event?
Section 85 rollover or a an intercorporate dividend-in-kind depending on your corporate structure. Chat with your accountant about it. If you need support on this, reach out to us www.parrbusinesslaw.com/contact
its like a big safe right?
Great video
Glad you liked it!
Also in 2008 all the banks changed or turned into bank holding companies so the federal reserve can bail them out. For some reason they had to be holding companies to be bailed out.
I think their operations were too widespread in nature to be held in a single operating company, due to legal limitations for operating companies in the various fields in which they operated. This is my suspicion, I am not a lawyer. By being bank holding companies, the bailout advantage was their having access to the Fed's discount window, if I am not mistaken.
I have a question? So as the owner of the holding company “I” would pay myself Dividends instead of withdrawing cash that will be subjected to taxes; correct? Please advise I need some serious understanding on Holding Comapny
Hi Scorpio Mink - your operating company (your business) earns revenue. The operating company can then dividend that revenue to the holding company that holds shares in that operating company. That transfer is generally tax free. Cash inside of a corporation is subject to corporate tax rates. Cash pulled out from your OpCo or your HoldCo to yourself personally will be subject to personal tax rates.
Quick question, so holding company should buy... Or just accumulate shares so that i can earn divindeds... From the operating company.
@@magdalenewanyoike7981 if you’re trying to put money in your pocket setup a trust that owns the holding company.
As owner of HoldCo, when you withdraw cash from HoldCo to yourself personally you are issuing a dividend, which is taxable.
Contact us at www.parrbusinesslaw.com/contact for more information!
shoud you start your first business as a holding company? or is it something I should do later down the road? Loved the video.
Hi there, glad you liked the video! Just start your first business. Probably as a sole proprietorship. Think about structure after you start earning money and have validated that your idea is a good one. Don't bother with a corporate structure until your business is earning $100k plus in gross revenue, UNLESS you're extremely confident about your company's trajectory, you want the liability protection of a company, you have business partners, you are hiring employees or contractors (who are the most likely actors to sue you, FYI) etc.
Contact us at www.parrbusinesslaw.com/contact for more information!
If I want to invest my excess funds from my corporation into a holding company. Should I register at a provincial level or federal. Plan is to buy Real estate across Canada in the hold co. I am residing in BC and my active corporation is in BC.
Depending on how much real estate you buy, you might want to consider owning different properties in different companies, for liability reasons. If you own 10 properties in one entity, and then that entity gets sued, the rest of your portfolio is exposed.
As for federal v provincial registration - you should consult with your lawyer on this. Depending where you are purchasing you may be required to extra-provincially register in that province. This applies whether you incorporate federally or provincially.
Contact us at www.parrbusinesslaw.com/contact for more information!
I wonder how much of this applies under U.S. law, and how much varies.
Can holding companies be private equity firms!
Is it wise to let the public know they are buying a product from a subsidiary business by putting the subsidiary name with the name of parent business; where you put the signature at the bottom or a thank you letter?
I am an affiliate with a company and I have my subsidiary business representing the affiliate company but I also have the parent business doing business with the public also.
Complex question - seek professional advice!
When we want to value and sell operating company . Is there any relationship with holding company debt ?
Hi there! Ask your accountant. Reach out for a referral if you don't have a competent one: www.parrbusinesslaw.com/contact
I didn't realize this was for Canadians until half way in
Hello Steve, can the holding company be created after an existing company or do you have to create the holding company first?
Hey there! Yes, but if you create a holding company after incorporating the operating company and want the HoldCo to own shares in the OpCo, a few more steps will be required. A transfer of the shares personally held in OpCo to HoldCo needs to be completed, generally by way of a share purchase agremeent. If OpCo has value (e.g. revenue, assets including goodwill), then you might want to consider doing this on a rollover basis (e.g. Section 85). Engaging a professional valuator (Certified Business Valuator) may be required.
If you incorporate HoldCo first and then incorporate OpCo after, this avoids this problem. Contact us for more info: www.parrbusinesslaw.com/contact
Is it possible in the Province of Ontario to put my RRSP into my holding company? Is it possible to use the holding company as collateral get a loan from the bank instead of cashing out RRSP money and getting hit with a capital gains tax?
Hi there, a holding company cannot hold an RRSP. Only personal individuals can. If you cash out your RRSP, generally you’re hit with investment income not capital gains tax.
this might be a silly question, but if you set up a holding company, doesn't profit get taxed twice? once in the operating company, and again in the holding?
That's a very good question. Can someone answer ?
Hi there! No. Earnings in OpCo are taxed at corporate rate (11% if Co is eligible for Small Business Deduction, e.g. on active business income up to $500,000). Dividends issued from OpCo to HoldCo are not taxable (tax-free intercorporate dividends), provided that HoldCo/OpCo structure is setup correctly.
Contact us at www.parrbusinesslaw.com/contact for more information!
I need help setting up this operating structure.
Hi there! Contact us at www.parrbusinesslaw.com/contact for more information!
Question: Are the assets placed in holding company protected from personal liability of the owner? If there arises a lawsuit against the person of the owner, would the assets held in a holding company be still protected?
Hey there! If a lawsuit is filed against an individual, any assets held by that individual are exposed, including shares held in a holding company.
Incorporation provides liability protection to an individual because an incorporated OpCo is going to be doing business (entering contracts, fulfilling services, etc.) and so if sh*t hits the fan with OpCo's fulfilment of its obligations, it is OpCo that gets sued, and assets held by OpCo that are exposed to risk.
Contact us at www.parrbusinesslaw.com/contact for more information!
Just out of curiosity, I have a question regarding your benefit # 2 (Eligibility of the LCGE). Can the Holding corporation claim LCGE benefit on the sale of the equity in the Operating corporation despite the fact that LCGE can only be claimed by an individual, partnership related to the individual or a person related to the individual ? Thanks
Hello Jignesh - corporate entities are not eligible to claim the LCGE. The LCGE is only available to individuals, not corporations.
Lifetime capital gain exemption is that in US also or only in Canada?
Canada.
Which of the entities is responsible for raising capital from investors to purchase let's say real estate ? I know there's SEC stipulations which entity files those?
Hi, that sounds like a US question - all of my content discusses Canadian law only.
@Steve Parr Thank you! I forgot, you did mention that in your video! Still sounds like great information I appreciated it!
Hi, if holding company is great, then do I need to open a trust fund too, to protect my family? Help please
Hi there! Depends on your circumstances. Your question is too general to address. Consult with a lawyer or accountant.
We can also help - contact us at www.parrbusinesslaw.com/contact for more information!
Can you please explain what are the benefits of using the holding company to invest your retained earnings instead of the operating company?
Liability. OpCo faces liability issues because it is actively doing business. HoldCo much less so.
Note you should speak with an accountant and financial advisor.
@@steveparr5580 Thanks for the clarification.
Hi there! Liability protection and preservation of lifetime capital gains exemption eligibility. Liability: if OpCo purchases assets w/ retained earnings, those assets are going to be subject to potential creditor/plaintiff claims. LCGE eligibilty: OpCo loses eligibility if it owns assets that aren't actively employed in earning ACTIVE business income.
Contact us at www.parrbusinesslaw.com/contact for more information!
Suscribe... Thank you very much for this approach.
Glad you liked it!
Great information about the use of a holding company.
I came upon your video because I'm trying to setup a trust, which would own the holding company but I can't seem to understand how to go about it.
If possible, could you make a video?
I'll keep it in mind, yes a new video on holding companies and family trusts is forthcoming.
Hi there, sure! Any particular points you'd like to see covered in this video? In the meantime please check out our video on Family Trusts: ruclips.net/video/aOMJCQwxEBo/видео.html
Also, feel free to reach out to us directly for more information www.parrbusinesslaw.com/contact
Is this only for Canadian or also relevant for us businesses?
Canada only.
Can the holding company not sell stuff/products as well?
It's not a HoldCo anymore if it starts operating an active business. Which you could be just fine with. If, after consulting with your corporate lawyer and accountant, you're OK with transitioning a HoldCo into an OpCo, that can work.
Contact us at www.parrbusinesslaw.com/contact for more information!
Do more
I’m the U.S. you’d probably want to use a GST or generational
Transfer
Tax
Skipping
Trust so you avoid estate taxes forever or at least until the government gets more corrupt and changes the law. The constitution says direct taxes are fine but must be apportioned among the states so estate taxes are unconstitutional how they’re applied today. Of course congress does whatever the freak they want. But ya look up GST trusts and South Dakota.
Do you know U.S.business law as well?
Unfortunately US business law is outside my jurisdiction.
Hello there Steve,
I know you may be a busy person but, is it at all possible to set up a phone call? Or have an email conversation so I can expose my situation, ask my questions and hear your opinion? Please and thank you.
Hi there, get in touch with us here: steve@parrbusinesslaw.com (please note - we only serve Canadian clients)
Basically you don't want all your revenue tied up to your business because it is susceptible to a lawsuit correct? If you had a million in your operating account, you could be sued for it all... Where if you had moved half of it into a holding company, you may be sued for only up to half a million in your operating account?
Yes, that's the concept. But if you strip OpCo of assets after learning of a pending lawsuit, it might be possible for the (successful) plaintiff to trace those assets (e.g. disgorge them from HoldCo). Talk with your lawyer.
Contact us at www.parrbusinesslaw.com/contact for more information!
@@parrbusinesslaw Love it! Always learning thanks
Tim
So is Alphabet like a holding company for Google?
Yes it is
Correct!
You get a life time capital gains exemption in Canada? using a holding company? interesting
Yes, the LCGE in Canada for 2024 is $1,016,836.
Dude, first of all, you are a f**king G. Plus the fact this is about Canada and not the states.
Are Holding Co's similar to Trusts?
Can Holding Co's own multiple corporations?
Thanks for the kind words!
Holding Companies are very different from Trusts. Trusts are very complex, but are best thought of as a relationship governing certain assets. Certain assets are said to be held in trust by a trustee(s) who is responsible for managing those assets on behalf of the beneficiary(ies).
A Holding Company - or any Company - is more like a person. It owns assets outright, not for the benefit of another person (even though that Company itself might be owned by another person).
Yes, a HoldCo can own shares of multiple corporations.
@@parrbusinesslaw thanks broski.
Iff you need I come here I want job and so much money and house and car
You lost me at "Canadian"