Pure gold. TY for posting this up! The flow chart reminded me of a simple bus network (IT guy here). The security of clustering the individual LLCs into an entity that was difficult to get open is impressive. Thoughts on wrapping everything up in a Cook Island Trust ? Quiz time: The countries where safe deposit boxes are the safest are....
Thanks Clint - great info. If I have an out-of-state single-member LLC (online video creation business) and I place that under a Wyoming Holding LLC, will I get charging order protection? Another lawyer online said ""The WY LLC strategy does not work for an active business. It doesn't matter if your business is virtual, you are doing most of the work from NC. That means you could be sued in NC regardless of where you set up the LLC. The WY LLC strategy is not applicable here. There is no ambiguity here. Anyone saying to use a WY LLC anywhere in your structure for an active business when you live in NC is wrong." Is she right? How can I be sure? Thanks!
See my comment above as to why single member LLC charging order protection is suspect and I completely disagree with Mr. Coons. If you want charging order protection get a LP with a corporate general partner (like a SD business trust) or foreign entity where judicial activism is less of a concern. Wyoming is not even the best state for a single member LLC. NM is. It is more private than Wyoming since you do not have to file annual reports with financial data about your company. Your bigger risk from an asset protection standpoint is the veil being pierced because you did not meet all the requirements, and in WY you have the annual reports, the $60+ annual report fee, the $100 general fee. In NM there are no annual fees or annual reports. The law is excellent. The privacy is the best in the world. And there you can actually write a poison pill LLC agreement that makes a membership foreclosure no worse than a charging order. But again, with any single member LLC you have to worry about judges disrespecting both the law and the operating agreement because they believe single member LLCs only purpose is to screw over legitimate debtors (which is true). Because NM have no maintenance fees, they are also ideal for using locally for an active business. You do not want to necessarily incorporate an LLC in your state because if you live in NY for instance the LLC statutes are worthless according to one asset protection attorney I spoke to 20 years ago. So you incorporate in NM and foreign register in NY or whatever state you live in. Since you are not paying annual fees in NM, if is not like it is costing you double (annual fees in WY and annual fees in NY - would just be the annual fees in NY or your home state). But if there is an issue with the LLC that will be adjudicated according to NM LLC law, not NY LLC law because it is a NM LLC. So if I were you I would register in NM, and then foreign register the NM LLC in NC for your active business if you need a registration in NC (you do not always need one, check the laws in your state; if you are running a physicla brick nad mortar business you definitely would need one). Then if you want charging order protection you could form a LP or LLC [LP preferred just because 100+ years of case law, whereas LLCs only go back to the 70s] with multiple members (either husband as one and wife as the other, or you as one and corporate entity as the other). Remember you only need charging order protection from personal debts and you only need ONE entity at the top of your structure for it. So your one LP could own 10 NM LLCs each costing $35 per year for the registered agent (you can get that cheap in NM). For that 10 LLCs in NM you probably would be getting only one in WY with the 160+ per year fees and whatever you are paying someone to fill out the annual reports each year. The latter is why incorporation companies really love WY - it is recurring revenue!
This was extremely helpful. it is so hard getting good information on when it is appropriate to have a holding or parent company in Delaware or Wyoming and when it is not. So many freaking videos out there make it seems it is not necessary but don't tell you the conditions. its confusing!!! It appears that in GA there can be a charging order against your LLC distributions, but from what i've read so far, that is as far as it goes. They cannot foreclose. Thx very much!
This is why an LLC should be backed up by business liability insurance. As much as we hate to pay it. I'm a teacher and your way of explaining things is outstanding. I did not know this. I live in florida. I have an LLC and I also have business insurance liability. I'm not an expert at these things and I want my bases covered😂
Great info!! Question Does putting your interest in a trust or living trust during planning protect it at all in states that allow foreclosure? Gray area in Texas for single member.
@@faith3145 A living trust does not offer any protection. The LLC provides the asset protection and the protection is based on where the entity is filed and where it conducts business.
@@ClintCoons thank you so kindly. Can you tell me, Jersey has charging order so to protect my assets can I open up an llc in Delaware and still wholesale real estate in NJ without any liability? Thank you💜
@@faith3145 Remember your LLC can be sued for breach of contract etc. The charing order protection applies to judgements entered abasing you individually. Its purpose is to keep your LLC ownership protected from your personal creditors.
If I have a single member llc in FL can debt collectors from personal debt come after the llc?? And if I use my home address as a business address can I be sued for my house??
Even better is NM - no annual fees and no annual reports. And in NM you can write a manager based "poison pill" operating agreement that will even protect you if there is a foreclosure of the membership interests, which is arguably a stronger safety net. Most states give members the right to fire managers, which prevents that type of agreement. I was told by the guy who wrote mine in 2006 that only three states at the time you could do that (NM, NV and I think the other was Alaska; WY was definitely not one then because he blasted all the people getting WY and thinking they were getting asset protection back before they changed their laws). I remember in 2006 he literally described the exact type of situation that happened in Florida in 2010 that caused WY and other states to change their laws, whereas I remember other people saying you had charging order protection for single member LLCs back before that. So I tend to trust the people like him and Atkisson who were proven right while other attorneys were shocked at what happened.
Yes but you will lose the charging order protection of the LLC and the corporation should be treated as an S for tax purposes to avoid double taxation
3 months ago I paid cash & purchased my home (2 bedroom condo) and it's my primary residence. It was purchased by my single member LLC. No mortgage on it but I want to put a HELOC on it and having trouble because I cant find a bank that will do a HELOC for a primary residence in the name of my LLC. All the banks tell me to transfer ownership into my name. I don't want to do that. Does anyone know of any banks that will provide a HELOC on a primary residence in the name of a single member LLC at the same interest rate that banks lend on owner occupied primary residences? The bank would have a first lien position.
Just need to figure out how to pressure the ‘creditor’ to lift the charging order and the strategy will be complete. Probably unique to each situation.
@@Kingdia97 Fact is, I have heard of it. Thanks for reminding me tho. Was watching a video about successful settlements the other day and I thought they mentioned collecting tax free. I may have misheard the speaker. Just covering my ass-ets.
@@headfirst6227 never settle bud. Tell the other side you don't mind losing a case or even fighting for that matter. What's the point of winning a judgement you can't collect? These contingency fee attorneys just use scare tactics to pressure a settlement.
@@Kingdia97 Exactly. I don't plan on ever paying out to any courtroom crooks so I'm collecting as many strategies as I can to dodge them. WY LLC holding a HELOC on my home, spawning other WY LLCs for my businesses, using Anderson for anonymity, etc. Got to learn from multiple sources since some are better at one thing than the other.
Great video. Regarding Florida, even though their Supreme Court made that crazy decision, from what I understand, Florida Statute 620.1703 states that a creditor's exclusive remedy is the charging order for multi-member LLC's. Am I reading that correctly?
The attorneys who rewrote Florida’s LLC statute must work for the plaintiff’s bar, because they unfortunately permanently enshrined that decision in Florida law by basically copying the Revised Uniform LLC Act. I don’t know what the lawyers in Cheyenne are drinking but we need more of it in Florida.
Excellent explanation! If I have a few homes (owned out right) in a Texas LLC and open a Wyoming LLC, can I transfer the properties to the Wyoming LLC?
I have a question. If someone sued one of my properties (for example the one in the Florida LLC) will they be suing the Florida LLC or the Wyoming LLC holding company? If they sue the Wyoming LLC, doesn’t that mean I won’t be able to take distributions from my other real estate LLCs as well since all of them are owned by the Wyoming LLC?
LLCs are individual entities. Just like every person is an individual entity. Unless they can pierce the veil between your 2 LLCs it's no different than if you owned the FL LLC directly. This is the point of the LLC, to protect you from lawsuits against your business. The Wyoming LLC protects your business from lawsuits against you personally (i.e. car accident judgments). You just have to make sure you're treating each entity as its own entity.
isn't the protection of an LLC determined by where you live? for example if I live in TX and have a WY LLC, wouldn't they just follow TX law in determining how to treat the LLC?
Depends on where the LLC is conducting business. If it is a WY LLC conducting business in TX - yes TX law would apply. however if the LLC does not have any connection to TX then WY law would apply.
So even when your operating LLC is in a weak state, and doing business in that state, if the single member is a WY LLC, then WY law trumps?@@ClintCoons
Don’t most lenders require you sign a personal guarantee? How would an LLC protect you in this case. I guess you could refuse to sign, but then you don’t get the money or find a non-recourse loan if you can.
Correct this does not protect you against the lender foreclosing on the property owned by the LLC and seeking a deficiency judgement. Keep in mind, using protection will protect your other assets from a lender judgement I.e., the only asset at risk will be the property secured by the home loan.
Nice content. I have a car rental on turo under an LLC. My vehicle titles have joint ownership ( my LLC name and my name but i use business insurance) am I protected?
@@ClintCoons I am unable to make that distinction from the title. It is a single member LLC. If I want to rent out one of my other cars, How do I legally add the LLC name to the title to protect me. I don't want to transfer the title to LLC because it will trigger tax, which I paid last month while registering in my name.
@@ClintCoons Hi i need to refrase my question. If I live in New jersey and wholesale in New jersey both commercial and residential can I open an llc in Delaware to protect my assets and if I do, do I also have to open one in New jersey? But here's also another question if I open a llc in Delaware to cover my assets & New Jersey be my 2nd for to members I don't have any one but me how does that work because you need a member in NJ so the llc can go to Delaware where you are manager so no one can see the owner? You know I stood replaying for one hour trying to get this in your video & that is the hardest part for me to grasp I need help with that and I would love to get your premium but I'm brand new in this & like to start my business and don't have that kind of funds.. maybe in the future because you are really good & I really selective after doing my homework 🤗
@@faith3145 This is getting a little complicated for an answer on the channel. The activity you are considering it typically run through an entity treated as a a corporation for federal tax purposes. This entity would be set up in NJ and may not have a DE component. If you would like a FREE 30-minute consultation, you can request one here - aba.link/30minSession
Real Estate Asset Protection what do you mean? Don’t you have to pay an annual fee to keep the Llc active in Wyoming and Florida? And also pay taxes on the generating income from the Florida LLC? Could you explain? Thanks
I don’t live in Wyoming though. Never have, never will. So can a judge rule the “protections” aren’t valid and break through the LLC to access the assets?
You can't ever predict what a judge will do and that is why we have appellate courts to fix erroneous decisions. Also, decisions turn on how you set up and operate your LLC, so it will be fact-specific.
WA state is a community property state and it looks like a man & wife filing taxes jointly can have a 2 member LLC and have a "Disregarded" tax provision. RCW New Rule 2016 affirms Charging Order is sole remedy.
Good video Clint, but in general is better have the Partnership because do you have the More One Corporate Veil and is minus auditable by IRS,OK? One question about the Private: is posible open the LLC in the NM and after use the infos of NM and open the Llc in Florida or other State for the privacity?
Just curious, so if i set up in Wyoming- then am i not having to set up as a foreign entity- I'm not physically doing business in the state per say, also am i not then responsible to pay taxes in both states?
Correct - so long as your LLC does not conduct business in another state it will not need to register. Also, you will pay state income tax in the state where you reside.
thanks so much for great videos question so I can have 10 rental properties in kansas and each of them on a single kansas llc then to have a wyoming llc holding all the 10 properties .will this offered charging orders protection against sue ? or do I have to put each house on 1 llc I'm kansas and also 1 llc on wyoming ?
I'm looking for some clarification on some of this - great video. In my case, I'm own a single member LLC in WY, which owns an operating LLC for a business in NY (where I reside). Will this structure protect me, and my assets (bank accounts, etc.) from NYS Tax Lien or Warrants? Would it only protect the bank account for the WY Holding LLC? What about the bank account associated with the NY LLC, which is owned by the WY LLC? I think I have followed your advice correctly after watching so many videos, but looking for some finer clarification, if possible.
Clint, what are the Kentucky laws on LLC? I hope they are not like California and South Carolina, I will start with Wyoming LLC like you talk about. See you soon, Lee Gray from Kentucky
LLC. What is more secure, the Wyoming holding LLC or going off shore and creating an LLC there. Do these provide protection from lawsuits and divorce etc?
Thanks for the video...legally could you place another separate LLC as the other member of a single member LLC?...or this other member have to be an individual person?...by the way I'm in SC
I am inNY and have sole proprietorship to conduct deliveries. I am ready to close the sole proprietorship and open an LLC. In this LLC I plan on buying more vans and hiring drivers. I would like to know if NY LLC has charging order protection status ... if NY will afford me the inside and outside protections? How would I get the best protection for my situation?
There is a lot to unpack in what you are doing such as how will the business be taxed, the value of the equipment, will you have future partners, how many employees, etc. I suggest you schedule a FREE 30-minute consultation, you can request one here - aba.link/30minSession. NY does offer charging order protections but the statute does not state the charging order is the exclusive remedy. This could be a weak spot however, with your business, using an out-of-state holding entity may pose challenges with lenders and obtaining licensing. This must be factored into your overall business setup.
Having another LLC, that I own, be added as an owner to avoid the single member issue and to receive some charging order protection...or should I just add another family member or add my existing living trust?...by the way I'm in South Carolina and they are very weak...
Sounds good Clint but...the judge could say "Well, you don't REALLY do business in Wyoming, these houses are in California" (or Nebraska, Massachusetts, etc) and then just override your Wyoming LLC. Could THAT happen?
Hi Clint, if an indidual is subject to a personal guarantee on a commerical lease, and subsequently creates and transfers assets into a structure similar to above, does the structure typically present enough of an impediment to encourage the landlord to settle (assuming creation of structures / transfer of assets occurs prior to any default / judgement)?
@@ClintCoons It would seem that you'd need multiple Wyoming LLCs as a holding company right? ABCD, LLC is a Wyoming LLC. A lawyer can still find all the LLCs that ABCD, LLC owns. (This assumes the suit happens within one of your LLCs owned by ABCD, LLC and they pierce the veil.)
i Do see a problem here. obviously the WY LLC is protected. BUT the FL, SC and CA LLCs are now a single member LLC (held by WY LLC). now these LLCs are NOT covered by charging order protection per local state laws. how do you get around this?
You do not own the upper LLCs. The charging order only attaches to any LLC that you personally own. The WY LLC stands as a wall between you and these other entities.
Ohio changed the statue to provide for charging order protection and no yearly fee, what are the drawbacks if any vs. WY LLC? If I do not care about anonymity, would Ohio Holding LLC be fine?
Possibly. My concern with the Ohio statute is it leaves out any mention of single-member LLCs. We can assume the law applies to single-member LLCs, but this was the exact issue in, E.g., Olmstead v. FTC, 44 So. 3d 76 (Fla. 2010), where the court found the charging order did not apply despite the wording of the statute. I think it should and will be applied to all forms of LLCs, but this is an open question.
Hi Clint, if you set it up that way then the CA llc is actually a single member llc (its member is the WY llc). Can a CA judge foreclose on the CA llc interest to pay off creditors?
CA can not foreclose on the CA LLC because you do not own it - your WY LLC owns the CA LLC. A personal judgment would be levied against you. You do not own an interest in a CA LLC.
If my revocable living trust owns a single member wy llc and the wy llc owns the c and s corps in fl that own real estate (they file their own tax returns) how does the wy single member llc file taxes?
Can you make a comment or video about this statement. I did not open up this Wyoming LLC for the following reason. There is a serious problem with setting up a wyoming LLC for asset protection. If you live in a state like Illinois or California and that is your residence then the state where you are domiciled is what takes precedent and that is the law that has jurisdiction over you from outside creditors if the event happened in your domiciled state. If you own assets like this with a wyoming LLC as holding LLC and you get sued in Illinois then that law will prevail and Illinois courts will order the foreclosure of your LLC. Wymoning has adpteded the Uniform Enforcement of Foreign Judgements Act. So the Wymoning LLC only works if you are a resident of Wyoming. The State of Wyoming generally adopts the Uniform Enforcement of Foreign Judgements Act . (WS 1-17-701 to 1-17-707.) Any , decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Wyoming .
Amir you are correct about the statute but incorrect in your interpretation. Recognizing and giving effect to a judgment is different than providing a remedy. The charging order is a judicial remedy. Yes the WY court will recognize the foreign judgement but the afforded remedies for the judgement creditor will be up to the WY court.
Question. Ca resident. So if I have pre existing debt such as child support or school loans, can I create an llc in WY and then an llc in ca owned by the WY llc, could they take my assets/business in CA? Or how would that work?
The WY LLC will not help you avoid these obligations. Child support obligations will pierce the entity and allow this type of creditor access to the assets.
@Clint Coons Esq. | Real Estate Asset Protection what would be a better way to structure my llc with this in mind? The other option I see is to open up the llc with one of my colleagues as the owner. I'd like to avoid that if possible. Not sure what would be the best way to structure it.
@@islandthunder21 Those types of strategies will most likely cause issues down the road for you and your friend if discovered. I am not saying you shouldn;t set up a WY LLC for yourself just you can not do it to avoid your child support obligations. That would not be respected by a court.
@Clint Coons Esq. | Real Estate Asset Protection got it. But not trying to avoid cs, just trying to understand that if I open up a llc to pay myself and make payments, can they deny my application? How can I start my business with existing debts without them seizing my company?
I have a consulting business in California. My primary goal is to build business credit. Should I first form a WY LLC holding company that then forms a CA LLC company for my consulting service? Or will this be too much for a consulting business?
Hi I live in NY and just getting started with real estate investing. Is it worthwhile for me to open an WY LLC now with no properties ready to purchase, or should I open just NY LLC for time being, purchase/close on my property in NY, Put the property into the NY LLCs name, then open the Wyoming llc and transfer ownership of the NY LLC to the WY LLC? Is any of that possible or logical.? Trying to strategize and understand the best order to go about this without being wasteful with fees unnecessarily is a bit difficult to get a clear answer on.
First off it depends on how you plan to purchase your property. Will you be financing? If so are you looking at residential or commercial (5 units or greater)? If you are planning to purchase a single-family rental property with financing then I suggest you hold off until you acquire the property. You won't be able to close in the name of the LLC so there isn't any rush. You may find a property in a different state and then your NY LLC you are considering creating will go unused. Consider setting up a 30-minute consultation with my firm to flesh out a plan - you can request one here - aba.link/30minSession
@@ClintCoons someone from Mollaei Law said if I have a Wyoming LLC and I live in California, I need to register as a foreign LLC in California ( and potentially hold and maintain 2 LLCs and pay 2 state filing fees and 2 annual report fees). 😬 is that accurate?
No they are not. Charging orders specifically deal with what a personal creditor of a member in an LLC can acquire. Piercing the corporate veil deals with an attack against the entity then seeking to disregard the entity form to sue the owners.
Would you like to learn more about this topic and talk to someone? Schedule a free consultation here: aba.link/cev
I live in NV. Can I still get an LLC in WY AND then one in NV, or is NV all I need?
Yes I live in Washington I have the same question
@@ViralSportsMedia If you already have a NV LLC you would not need a WY LLC but you could move your NV to WY to save on annual renewal fees.
Washington state
@@ViralSportsMedia Yes you can have a WY LLC
I just needed this information so badly!!! Thank you!!!!!!!!!!!!
I just wanna say.....Dude you are a BEAST, Thank you for this jewel you just dropped!!!!
Pure gold. TY for posting this up! The flow chart reminded me of a simple bus network (IT guy here). The security of clustering the individual LLCs into an entity that was difficult to get open is impressive. Thoughts on wrapping everything up in a Cook Island Trust ? Quiz time: The countries where safe deposit boxes are the safest are....
Great content and presentation! You rock!! I used to be a real estate attorney before I retired. Fabulous presentation!
Wow, thank you!
Thanks Clint - great info. If I have an out-of-state single-member LLC (online video creation business) and I place that under a Wyoming Holding LLC, will I get charging order protection? Another lawyer online said ""The WY LLC strategy does not work for an active business. It doesn't matter if your business is virtual, you are doing most of the work from NC. That means you could be sued in NC regardless of where you set up the LLC. The WY LLC strategy is not applicable here. There is no ambiguity here. Anyone saying to use a WY LLC anywhere in your structure for an active business when you live in NC is wrong." Is she right? How can I be sure? Thanks!
See my comment above as to why single member LLC charging order protection is suspect and I completely disagree with Mr. Coons. If you want charging order protection get a LP with a corporate general partner (like a SD business trust) or foreign entity where judicial activism is less of a concern. Wyoming is not even the best state for a single member LLC. NM is. It is more private than Wyoming since you do not have to file annual reports with financial data about your company. Your bigger risk from an asset protection standpoint is the veil being pierced because you did not meet all the requirements, and in WY you have the annual reports, the $60+ annual report fee, the $100 general fee. In NM there are no annual fees or annual reports. The law is excellent. The privacy is the best in the world. And there you can actually write a poison pill LLC agreement that makes a membership foreclosure no worse than a charging order. But again, with any single member LLC you have to worry about judges disrespecting both the law and the operating agreement because they believe single member LLCs only purpose is to screw over legitimate debtors (which is true).
Because NM have no maintenance fees, they are also ideal for using locally for an active business. You do not want to necessarily incorporate an LLC in your state because if you live in NY for instance the LLC statutes are worthless according to one asset protection attorney I spoke to 20 years ago. So you incorporate in NM and foreign register in NY or whatever state you live in. Since you are not paying annual fees in NM, if is not like it is costing you double (annual fees in WY and annual fees in NY - would just be the annual fees in NY or your home state). But if there is an issue with the LLC that will be adjudicated according to NM LLC law, not NY LLC law because it is a NM LLC. So if I were you I would register in NM, and then foreign register the NM LLC in NC for your active business if you need a registration in NC (you do not always need one, check the laws in your state; if you are running a physicla brick nad mortar business you definitely would need one). Then if you want charging order protection you could form a LP or LLC [LP preferred just because 100+ years of case law, whereas LLCs only go back to the 70s] with multiple members (either husband as one and wife as the other, or you as one and corporate entity as the other). Remember you only need charging order protection from personal debts and you only need ONE entity at the top of your structure for it. So your one LP could own 10 NM LLCs each costing $35 per year for the registered agent (you can get that cheap in NM). For that 10 LLCs in NM you probably would be getting only one in WY with the 160+ per year fees and whatever you are paying someone to fill out the annual reports each year. The latter is why incorporation companies really love WY - it is recurring revenue!
This was extremely helpful. it is so hard getting good information on when it is appropriate to have a holding or parent company in Delaware or Wyoming and when it is not. So many freaking videos out there make it seems it is not necessary but don't tell you the conditions. its confusing!!! It appears that in GA there can be a charging order against your LLC distributions, but from what i've read so far, that is as far as it goes. They cannot foreclose. Thx very much!
You are welcome.
Smashed the like button as soon as the creditor got horns.
Thanks for the info!
Much appreciated.
I'm going to hire Clint! I want him on my team.
This is why an LLC should be backed up by business liability insurance. As much as we hate to pay it. I'm a teacher and your way of explaining things is outstanding. I did not know this. I live in florida. I have an LLC and I also have business insurance liability. I'm not an expert at these things and I want my bases covered😂
Love your videos!
Thank you!
Thank you so much.....
Thank you!
You bet.
Great info!! Question
Does putting your interest in a trust or living trust during planning protect it at all in states that allow foreclosure? Gray area in Texas for single member.
It does not
@@ClintCoons same question here in New Jersey?
@@faith3145 A living trust does not offer any protection. The LLC provides the asset protection and the protection is based on where the entity is filed and where it conducts business.
@@ClintCoons thank you so kindly. Can you tell me, Jersey has charging order so to protect my assets can I open up an llc in Delaware and still wholesale real estate in NJ without any liability? Thank you💜
@@faith3145 Remember your LLC can be sued for breach of contract etc. The charing order protection applies to judgements entered abasing you individually. Its purpose is to keep your LLC ownership protected from your personal creditors.
Thank you.
You're welcome!
OMG thank you!
You are welcome!
Excellent info
Glad you think so!
Thank you marty byrde
You are very welcome
If I have a single member llc in FL can debt collectors from personal debt come after the llc?? And if I use my home address as a business address can I be sued for my house??
Yes in Florida, single member LLCs do not have charging order protections.
why not Delaware instead of WY, I was told DE also does not allow foreclosure on a charging order protection
DE is great but more expensive
Even better is NM - no annual fees and no annual reports. And in NM you can write a manager based "poison pill" operating agreement that will even protect you if there is a foreclosure of the membership interests, which is arguably a stronger safety net. Most states give members the right to fire managers, which prevents that type of agreement. I was told by the guy who wrote mine in 2006 that only three states at the time you could do that (NM, NV and I think the other was Alaska; WY was definitely not one then because he blasted all the people getting WY and thinking they were getting asset protection back before they changed their laws). I remember in 2006 he literally described the exact type of situation that happened in Florida in 2010 that caused WY and other states to change their laws, whereas I remember other people saying you had charging order protection for single member LLCs back before that. So I tend to trust the people like him and Atkisson who were proven right while other attorneys were shocked at what happened.
Can a judge order me to take a distribution in WY to execute the charging order ?
No. WY law precludes this remedy.
I need multiple offshore LLCs within multiple offshore Trusts. Nothing else will protect my assets against a charging order.
Why do you think RUclips cares?
Excellent
Thanks
@real estate protection, can the WY holding company by set up to be a Corp rather than LLC? What are the pros n cons?
Yes but you will lose the charging order protection of the LLC and the corporation should be treated as an S for tax purposes to avoid double taxation
How about in Massachusetts
3 months ago I paid cash & purchased my home (2 bedroom condo) and it's my primary residence. It was purchased by my single member LLC. No mortgage on it but I want to put a HELOC on it and having trouble because I cant find a bank that will do a HELOC for a primary residence in the name of my LLC. All the banks tell me to transfer ownership into my name. I don't want to do that. Does anyone know of any banks that will provide a HELOC on a primary residence in the name of a single member LLC at the same interest rate that banks lend on owner occupied primary residences? The bank would have a first lien position.
@muchmore99 did you find a bank that does that?
Just need to figure out how to pressure the ‘creditor’ to lift the charging order and the strategy will be complete. Probably unique to each situation.
Hahahah broo it's called phantom income. Look it up. Your welcome.
@@Kingdia97 Fact is, I have heard of it. Thanks for reminding me tho. Was watching a video about successful settlements the other day and I thought they mentioned collecting tax free. I may have misheard the speaker. Just covering my ass-ets.
@@headfirst6227 never settle bud. Tell the other side you don't mind losing a case or even fighting for that matter. What's the point of winning a judgement you can't collect? These contingency fee attorneys just use scare tactics to pressure a settlement.
@@Kingdia97 Exactly. I don't plan on ever paying out to any courtroom crooks so I'm collecting as many strategies as I can to dodge them. WY LLC holding a HELOC on my home, spawning other WY LLCs for my businesses, using Anderson for anonymity, etc. Got to learn from multiple sources since some are better at one thing than the other.
@@headfirst6227 Yee bud, also counter sue just to waste their time.
Great video. Regarding Florida, even though their Supreme Court made that crazy decision, from what I understand, Florida Statute 620.1703 states that a creditor's exclusive remedy is the charging order for multi-member LLC's. Am I reading that correctly?
Yes that is correct.
The attorneys who rewrote Florida’s LLC statute must work for the plaintiff’s bar, because they unfortunately permanently enshrined that decision in Florida law by basically copying the Revised Uniform LLC Act. I don’t know what the lawyers in Cheyenne are drinking but we need more of it in Florida.
Excellent explanation! If I have a few homes (owned out right) in a Texas LLC and open a Wyoming LLC, can I transfer the properties to the Wyoming LLC?
Richard - Use this link to set up a free strategy session aba.link/30minSession
thank you
You're welcome
I have a question. If someone sued one of my properties (for example the one in the Florida LLC) will they be suing the Florida LLC or the Wyoming LLC holding company? If they sue the Wyoming LLC, doesn’t that mean I won’t be able to take distributions from my other real estate LLCs as well since all of them are owned by the Wyoming LLC?
LLCs are individual entities. Just like every person is an individual entity. Unless they can pierce the veil between your 2 LLCs it's no different than if you owned the FL LLC directly.
This is the point of the LLC, to protect you from lawsuits against your business. The Wyoming LLC protects your business from lawsuits against you personally (i.e. car accident judgments).
You just have to make sure you're treating each entity as its own entity.
Why not sign up for a Nevis LLC?
You could but just be prepared to report your ownership to the feds every year.
Tx resident. Does Texas have charging order for single member LLC’s? Some say there has to be another member, others don’t.
Check out this video: ruclips.net/video/kXJghMUOd0M/видео.html
isn't the protection of an LLC determined by where you live? for example if I live in TX and have a WY LLC, wouldn't they just follow TX law in determining how to treat the LLC?
Depends on where the LLC is conducting business. If it is a WY LLC conducting business in TX - yes TX law would apply. however if the LLC does not have any connection to TX then WY law would apply.
So even when your operating LLC is in a weak state, and doing business in that state, if the single member is a WY LLC, then WY law trumps?@@ClintCoons
Also wouldn't i also need to pay for registered agent?
Yes you do.
Does the wy llc make sense for trucking companies since we run business all over the US? I dont want a medical bill taking my income or assets
No. But it would make sense to place your assets in different entities so if something happens with a haul your cash and investments are not at risk.
@@ClintCoons but if i open other entities still they are under my name the collectors will see it and go after my assets right?
@@unknowndriver6652 This is where you would use anonymity to keep your other entities private.
Don’t most lenders require you sign a personal guarantee? How would an LLC protect you in this case. I guess you could refuse to sign, but then you don’t get the money or find a non-recourse loan if you can.
Correct this does not protect you against the lender foreclosing on the property owned by the LLC and seeking a deficiency judgement. Keep in mind, using protection will protect your other assets from a lender judgement I.e., the only asset at risk will be the property secured by the home loan.
Would love to chat some time. Don’t have too many assets now, but one day I will!
Nice content. I have a car rental on turo under an LLC. My vehicle titles have joint ownership ( my LLC name and my name but i use business insurance) am I protected?
Are you listed as the legal or registered owner?
@@ClintCoons I am unable to make that distinction from the title. It is a single member LLC. If I want to rent out one of my other cars, How do I legally add the LLC name to the title to protect me. I don't want to transfer the title to LLC because it will trigger tax, which I paid last month while registering in my name.
@@ochicoloto3524 You would need to make the LLC the registered owner.
Can I live & do real estate and have a llc in Delaware to protect my personal assets?
Yes.
@@ClintCoons Hi i need to refrase my question. If I live in New jersey and wholesale in New jersey both commercial and residential can I open an llc in Delaware to protect my assets and if I do, do I also have to open one in New jersey? But here's also another question if I open a llc in Delaware to cover my assets & New Jersey be my 2nd for to members I don't have any one but me how does that work because you need a member in NJ so the llc can go to Delaware where you are manager so no one can see the owner? You know I stood replaying for one hour trying to get this in your video & that is the hardest part for me to grasp I need help with that and I would love to get your premium but I'm brand new in this & like to start my business and don't have that kind of funds.. maybe in the future because you are really good & I really selective after doing my homework 🤗
@@faith3145 This is getting a little complicated for an answer on the channel. The activity you are considering it typically run through an entity treated as a a corporation for federal tax purposes. This entity would be set up in NJ and may not have a DE component. If you would like a FREE 30-minute consultation, you can request one here
- aba.link/30minSession
If you form a Wyoming LL as a holding entity and a LLC in Florida,,,, do i still have o pay taxes in Wyoming and Florida?
Neither state has an income tax.
Real Estate Asset Protection what do you mean? Don’t you have to pay an annual fee to keep the Llc active in Wyoming and Florida? And also pay taxes on the generating income from the Florida LLC? Could you explain? Thanks
@@miguelmagallmm Yes you must pay an annual state filing fee to keep the entities active in both states. LLCs in Florida and Wyoming pay no tax.
I don’t live in Wyoming though. Never have, never will. So can a judge rule the “protections” aren’t valid and break through the LLC to access the assets?
You can't ever predict what a judge will do and that is why we have appellate courts to fix erroneous decisions. Also, decisions turn on how you set up and operate your LLC, so it will be fact-specific.
WA state is a community property state and it looks like a man & wife filing taxes jointly can have a 2 member LLC and have a "Disregarded" tax provision.
RCW New Rule 2016 affirms Charging Order is sole remedy.
Correct
Good video Clint, but in general is better have the Partnership because do you have the More One Corporate Veil and is minus auditable by IRS,OK? One question about the Private: is posible open the LLC in the NM and after use the infos of NM and open the Llc in Florida or other State for the privacity?
Yes that works but NM does not have strong charging order protections.
Is Tennessee strong for the LLC generally accepted and known protection?
Sucks - sorry :(
Would a WY LLC protect me from losing funds to to Medicaid for nursing home / medical costs and other lawsuits
It would definitely make it more difficult for someone to collect.
So if you buy an rent house/complexes an apartments you can open a LLC ??
Yes
How do I transfer my LLCs into a Wyoming LLC?
You transfer them through an assignment of interest.
Just curious, so if i set up in Wyoming- then am i not having to set up as a foreign entity- I'm not physically doing business in the state per say, also am i not then responsible to pay taxes in both states?
Correct - so long as your LLC does not conduct business in another state it will not need to register. Also, you will pay state income tax in the state where you reside.
thanks so much for great videos
question
so I can have 10 rental properties in kansas and each of them on a single kansas llc
then to have a wyoming llc holding all the 10 properties .will this offered charging orders protection against sue ?
or do I have to put each house on 1 llc I'm kansas and also 1 llc on wyoming ?
YAY Wyoming
So it Durant protect in California?
Correct.
I'm looking for some clarification on some of this - great video. In my case, I'm own a single member LLC in WY, which owns an operating LLC for a business in NY (where I reside). Will this structure protect me, and my assets (bank accounts, etc.) from NYS Tax Lien or Warrants? Would it only protect the bank account for the WY Holding LLC? What about the bank account associated with the NY LLC, which is owned by the WY LLC? I think I have followed your advice correctly after watching so many videos, but looking for some finer clarification, if possible.
It would depend on the type of lien but tax liens can not be avoided.
Clint, what are the Kentucky laws on LLC? I hope they are not like California and South Carolina, I will start with Wyoming LLC like you talk about. See you soon, Lee Gray from Kentucky
Thanks for the support. I recommend setting up a free consultation with my team so we can provide the best answer. aba.link/cev
How about commercial property -what is the difference between holding LLC in Wyoming vs Delaware LLC ?
I prefer to use DE because lenders appear to be more comfortable with DE on larger deals. (10MM and above)
LLC. What is more secure, the Wyoming holding LLC or going off shore and creating an LLC there. Do these provide protection from lawsuits and divorce etc?
Offshore could offer more protection but we do not advise or operate in that space.
Thanks for the video...legally could you place another separate LLC as the other member of a single member LLC?...or this other member have to be an individual person?...by the way I'm in SC
Yes you can!
I am inNY and have sole proprietorship to conduct deliveries. I am ready to close the sole proprietorship and open an LLC. In this LLC I plan on buying more vans and hiring drivers. I would like to know if NY LLC has charging order protection status ... if NY will afford me the inside and outside protections? How would I get the best protection for my situation?
There is a lot to unpack in what you are doing such as how will the business be taxed, the value of the equipment, will you have future partners, how many employees, etc. I suggest you schedule a FREE 30-minute consultation, you can request one here
- aba.link/30minSession. NY does offer charging order protections but the statute does not state the charging order is the exclusive remedy. This could be a weak spot however, with your business, using an out-of-state holding entity may pose challenges with lenders and obtaining licensing. This must be factored into your overall business setup.
Having another LLC, that I own, be added as an owner to avoid the single member issue and to receive some charging order protection...or should I just add another family member or add my existing living trust?...by the way I'm in South Carolina and they are very weak...
Add another family member with .05% and you are done.
@@ClintCoons , Great ...thanks...always good information, always a huge fan...
Sounds good Clint but...the judge could say "Well, you don't REALLY do business in Wyoming, these houses are in California" (or Nebraska, Massachusetts, etc) and then just override your Wyoming LLC. Could THAT happen?
In what context I.e., who/what is being sued?
In Florida, are single shareholder corporations subject to similar risks to charging orders?
Charging orders do not apply to corporations - you can have your stock seized by a creditor. Charing orders do not protect single member LLCs in FL
I’m wondering if we have to create a Trust before coming to you for assistance?
You do not.
Hi Clint, if an indidual is subject to a personal guarantee on a commerical lease, and subsequently creates and transfers assets into a structure similar to above, does the structure typically present enough of an impediment to encourage the landlord to settle (assuming creation of structures / transfer of assets occurs prior to any default / judgement)?
It could if the landlord looks at your assets and cant find anything in your name then you look like a broke defendant.
@@ClintCoons It would seem that you'd need multiple Wyoming LLCs as a holding company right? ABCD, LLC is a Wyoming LLC. A lawyer can still find all the LLCs that ABCD, LLC owns. (This assumes the suit happens within one of your LLCs owned by ABCD, LLC and they pierce the veil.)
i Do see a problem here. obviously the WY LLC is protected. BUT the FL, SC and CA LLCs are now a single member LLC (held by WY LLC). now these LLCs are NOT covered by charging order protection per local state laws. how do you get around this?
You do not own the upper LLCs. The charging order only attaches to any LLC that you personally own. The WY LLC stands as a wall between you and these other entities.
@@ClintCoons how does someone go about doing that especially if they do not live in that state?
@@GoaWay... You would need to work with a firm that has a physical presence in those states so you can have a local business address.
Ohio changed the statue to provide for charging order protection and no yearly fee, what are the drawbacks if any vs. WY LLC?
If I do not care about anonymity, would Ohio Holding LLC be fine?
Possibly. My concern with the Ohio statute is it leaves out any mention of single-member LLCs. We can assume the law applies to single-member LLCs, but this was the exact issue in, E.g., Olmstead v. FTC, 44 So. 3d 76 (Fla. 2010), where the court found the charging order did not apply despite the wording of the statute. I think it should and will be applied to all forms of LLCs, but this is an open question.
Doesn't CA requite that CA laws apply on all entities, even if LLC set up in WY? If property in CA, then foreclosure still happen-even if WY LLC?
If the WY LLC is conducting business in CA then yes CA law definitely applies.
I live in NV. Does a NV holding LLC provide the same protections as WY?
Yes they both offer charging order protections but the anonymity is different because in NV you must use a nominee manager.
@@ClintCoons For states that do not require the use of a nominee manager, what is the alternative?
What a bout Texas
Texas is strong but there have been a few cases that deviated from standard protections.
@@ClintCoonsthank you for this answer! I was questioning whether to have a wy-Tx arrangement or a Texas holding company. This answered it?
Hi Clint, if you set it up that way then the CA llc is actually a single member llc (its member is the WY llc). Can a CA judge foreclose on the CA llc interest to pay off creditors?
CA can not foreclose on the CA LLC because you do not own it - your WY LLC owns the CA LLC. A personal judgment would be levied against you. You do not own an interest in a CA LLC.
You name several different states what about New York state for single member LLC
NY law does not distinguish between single or multi
Are you limited to the amount you can charge as a management fee? What happens tax-year end when there still is money left in llc account?
No you are not but it should be reasonable i.e., what would a 3rd party professional company charge for similar services.
If my revocable living trust owns a single member wy llc and the wy llc owns the c and s corps in fl that own real estate (they file their own tax returns) how does the wy single member llc file taxes?
It does not file a return because it is setup as a disregarded entity.
Can you make a comment or video about this statement. I did not open up this Wyoming LLC for the following reason.
There is a serious problem with setting up a wyoming LLC for asset protection. If you live in a state like Illinois or California and that is your residence then the state where you are domiciled is what takes precedent and that is the law that has jurisdiction over you from outside creditors if the event happened in your domiciled state. If you own assets like this with a wyoming LLC as holding LLC and you get sued in Illinois then that law will prevail and Illinois courts will order the foreclosure of your LLC. Wymoning has adpteded the Uniform Enforcement of Foreign Judgements Act. So the Wymoning LLC only works if you are a resident of Wyoming.
The State of Wyoming generally adopts the Uniform Enforcement of Foreign Judgements Act . (WS 1-17-701 to 1-17-707.) Any , decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Wyoming .
Amir you are correct about the statute but incorrect in your interpretation. Recognizing and giving effect to a judgment is different than providing a remedy. The charging order is a judicial remedy. Yes the WY court will recognize the foreign judgement but the afforded remedies for the judgement creditor will be up to the WY court.
Question. Ca resident. So if I have pre existing debt such as child support or school loans, can I create an llc in WY and then an llc in ca owned by the WY llc, could they take my assets/business in CA? Or how would that work?
The WY LLC will not help you avoid these obligations. Child support obligations will pierce the entity and allow this type of creditor access to the assets.
@Clint Coons Esq. | Real Estate Asset Protection what would be a better way to structure my llc with this in mind? The other option I see is to open up the llc with one of my colleagues as the owner. I'd like to avoid that if possible. Not sure what would be the best way to structure it.
@@islandthunder21 Those types of strategies will most likely cause issues down the road for you and your friend if discovered. I am not saying you shouldn;t set up a WY LLC for yourself just you can not do it to avoid your child support obligations. That would not be respected by a court.
@Clint Coons Esq. | Real Estate Asset Protection got it. But not trying to avoid cs, just trying to understand that if I open up a llc to pay myself and make payments, can they deny my application? How can I start my business with existing debts without them seizing my company?
@@islandthunder21 Who is going to deny your application? You can open up an LLC and the state will not ask about your debts.
I have a consulting business in California. My primary goal is to build business credit. Should I first form a WY LLC holding company that then forms a CA LLC company for my consulting service? Or will this be too much for a consulting business?
Too much. Just go with California. Anonymity does not work with building credit. See my video on building credit for more information.
@@ClintCoons wow! I'll go check it out. Thanks!
Hi I live in NY and just getting started with real estate investing. Is it worthwhile for me to open an WY LLC now with no properties ready to purchase, or should I open just NY LLC for time being, purchase/close on my property in NY, Put the property into the NY LLCs name, then open the Wyoming llc and transfer ownership of the NY LLC to the WY LLC? Is any of that possible or logical.? Trying to strategize and understand the best order to go about this without being wasteful with fees unnecessarily is a bit difficult to get a clear answer on.
First off it depends on how you plan to purchase your property. Will you be financing? If so are you looking at residential or commercial (5 units or greater)? If you are planning to purchase a single-family rental property with financing then I suggest you hold off until you acquire the property. You won't be able to close in the name of the LLC so there isn't any rush. You may find a property in a different state and then your NY LLC you are considering creating will go unused. Consider setting up a 30-minute consultation with my firm to flesh out a plan - you can request one here
- aba.link/30minSession
Great video! Very straightforward. I’m in California, if I create my LLC with Wyoming, will that cause issues with the IRS?
Not at all
@@ClintCoons I just filed my LLC, would it be suspicious to amend and use Wyoming?
@@ClintCoons I did create it before I found out about Wyoming. Should amend or wait until renewal date?
@@kaycali4912 I dont think it matters one way or the other
@@ClintCoons someone from Mollaei Law said if I have a Wyoming LLC and I live in California, I need to register as a foreign LLC in California ( and potentially hold and maintain 2 LLCs and pay 2 state filing fees and 2 annual report fees). 😬 is that accurate?
Are charging orders the same as piercing the corporate veil? What protections are there against that?
No they are not. Charging orders specifically deal with what a personal creditor of a member in an LLC can acquire. Piercing the corporate veil deals with an attack against the entity then seeking to disregard the entity form to sue the owners.
You name so many other states what about New York State
Wait a minute..... You can take a personal loan out from a business you own?
Yes you can.
What if I had my asset (house) under living trust? Do I need to change it into LLC to protection?
If you are referring to your personal residence the answer is usually no