Thread: LLC vs. Trust?
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Old January 16, 2010, 08:05 AM   #3
bblatt11
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Join Date: January 15, 2010
Location: Indiana
Posts: 30
Off the top of my head and not meant as legal advice (talk to an OH attorney before proceeding):

LLCs usually require annual filings, and if you do buy a Class III through an LLC and then sell it, you may have to pay taxes on the "income." Moreover, your LLC paperwork has to be available for review by other LLC members and usually taxing agencies, whether or not you need to pay taxes in a given year. However, your corporate charter can do all sorts of wonderful things, like limit fiduciary duties to discreet functions.

Trusts are generally kept out of government searchable databases, don't require annual filings to the government, and can be kept mostly, if not completely tax free. But, Trustees owe a pretty strong fiduciary duty to trust beneficiaries, including properly investing trust funds, keeping the trust value stable or growing where possible, and keeping the records organized for private review. I can think of a couple of situations where a trust might require the sale of a Class III due to its potential value growth or because the trust can no longer maintain itself. In the latter case, such is usually grounds for terminating the trust and selling or distributing its assets.

In either case, whichever route you go, you should see an attorney and have a very detailed charter document drafted with your current and future goals foremost, taking into account possible future actions which could damage the focus of the LLC or trust.
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Please do not rely on the above as legal advice. I am not your attorney, you are not paying me to advise you, I only practice in Indiana, and we have no attorney-client confidential relationship.
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