Legal Question in Business Law in California

LLC - Good or not?

We are considering creating an LLC to protect ourselves, however,since our income property loses money and is mortgaged to the hilt, we have been told it would be cheaper to merely get a larger insurance policy on the property.


Asked on 5/19/08, 8:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: LLC - Good or not?

The liability protection you get from Insurance Policy "X" and from being an LLC may overlap to a greater or lesser degree, but won't be identical. Therefore, this is to some degree a problem in analyzing the type of liability concerns you have.

Since you say "we," I wonder if you are operating as a general partnership (you could also be a couple managing community property). If so, there are additional reasons for being an LLC that insurance probably won't address, such as the ability of either/any partner to bind the other(s).

Also, liability concern isn't necessarily the only reason for an income-property owner to use an LLC; there can be tax advantages as well. However, such advantages arise mostly in comparison to incorporating and using an "S" tax election as opposed to remaining a sole proprietorship or partnership, which I guess you are now.

If you can afford it, you need advice from a tax specialist (CPA, tax planner or lawyer), a business lawyer, and your insurance agent before making a decision.

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Answered on 5/20/08, 1:30 pm


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