S-corp Vs LLCs - Posted by Sheik

Posted by Sheik on April 10, 2000 at 08:25:33:

Thanks Chris;

I understand the basic differences. I am hoping for some replies that are a little more specific to NY state.

For example - NYS has franchise for corps and also it is somewhat expensive to form LLCs.


S-corp Vs LLCs - Posted by Sheik

Posted by Sheik on April 10, 2000 at 07:36:12:

I am planning to acquire a few condos and hold them long term as rentals.

I am trying to figure whether it’s best to form an S-corp or a LLC to do this.

Is there any advantage of one over the other? I am in NY.



Re: S-corp Vs LLCs - Posted by Bud Branstetter

Posted by Bud Branstetter on April 11, 2000 at 21:32:48:


I have a friend that has an S corp he formed a number of years ago for his rental properties. The net income flows through to him personally. It would be no different with the LLC. What would be the difference is if he personally were sued and lost. His shares of the S corp could be attached and he would lose control. The properties would be sold to satisfy that creditor.

Not so in the LLC. The best that the creditor could do is get a charging order for his limited interest. The sale would not be forced and he would still be in control. The way he would be in control is that the general partner is his C corp. He would be chairman with voting rights irrevocablly assigned to him. He may not own the shares but he would still be in control.

Whether you think you will get sued personally is up to you. But the asset protection tool is to hold income producing assets in the limited liability entity. Charging orders would be better than forced sale. Don’t forget the liability insurance.

Re: S-corp Vs LLCs - Posted by chris

Posted by chris on April 10, 2000 at 08:04:28:


Sheik-The article above by Bronchick should be helpful for you.

-Good Luck,Chris