LLCs and Estate Planning

Often, a business, typically a limited liability company (“LLC”) is created as part of an estate plan. This is done because LLCs are somewhat informal business entities and are easy to administer compared to a Corporation. In addition, unlike a Trust, an LLC can continue in existence indefinitely. These types of arrangements are often used to deal with a specific asset, such as a home, vacation cottage, or other real estate. A new federal law called “The Corporate Transparency Act” is going into effect January 1, 2024 with new requirements for companies and very severe penalties for noncompliance, with civil penalties up to $500 per day, with a maximum cap of $10,000. Willfully providing false information in such reporting carries a prison sentence of up to two years.

These penalties are applied to beneficial owners and senior company officers.

This law requires the disclosure by companies of the beneficial ownership in the company (any individual who owns at least 25% of the company is considered a beneficial owner). A new system called BOSS will be made available for companies to report this online. Companies that already exist as of January 1, 2024 will have until the end of the year to comply. Newly formed companies will have 30 days to do so from formation or registration.

At Arizona Mobile Attorneys we assist clients in the formation of businesses and related estate and succession planning. Please call us to arrange an appointment.

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