Can A Holding Company Be an LLC? Yes! (2024)

What is a Holding Company?

Summary

A holding company can indeed be an LLC, with benefits including privacy, asset protection, and lower taxes. Wyoming is a recommended state for forming such an LLC due to its favorable laws. An LLC is often preferable due to flexibility and protection from personal creditors.

What Is a Holding Company?

A holding company can be an LLC. A holding company is simply a business entity that owns other business entities (subsidiaries) and valuable assets. This means that the formation process for a holding company is the same as that of any other company. These assets may include intellectual property, equipment, or real estate. The holding entity does not engage in any business of its own. Rather, subsidiaries engage in risky operations so the holding LLC remains beyond the reach of creditors.

A single-member LLC may be a holding company and an LLC holding company may even be owned by a trust. This provides additional asset protection and may be used as the basis for an estate plan if so desired. Holding companies make managing disparate business interests easier and may act as a personal bank if needed. They take on many names, e.g. investment, property, asset, private and real estate holding companies.

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What Is an LLC?

Can A Holding Company Be an LLC? Yes! (1)

A limited liability company is a newer entity type than the Corporation. Wyoming was the first state to allow them. Now all 50 states do and other countries have their own formulations. They are popular because they are simpler to manage than Corporations and are generally more flexible. This flexibility has led the Limited Liability Company to become more popular than the Corporation for new formations.

Choosing a State to Register an LLC

Every state writes its own corporate laws and LLC acts. However, only a few jurisdictions compete for business in the way Wyoming, Nevada and Delaware do. Each of these states has crafted LLC and Corporate laws designed to attract business. Setting up a holding company in one of these states helps you benefit from their desirable laws.

Only one state has specific statutes protecting single-member LLCs, however. This is important because every subsidiary will technically have one member - its holding company. The Wyoming legislature enshrined these protections in law to ensure no court invalidates them. No other state provides these protections, nor our anonymity and low fees. For this reason, Wyoming is the best state to set up an LLC for your holding company.

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Holding Company LLC Advantages

Setting up a holding company can help lower your taxes, protect assets, and protect your identity. These are important applications, so we will take them one by one:

1) Protect Your Identity: Wyoming LLCs allow anonymous ownership. This means your name, address and other information remain private. Other states disclose beneficial owners, but Wyoming does not. This entity may even be listed as the member or manager of an LLC in a different state. For example, listing an anonymous LLC as the owner of a Florida LLC makes the Florida LLC anonymous.

2) Protect Your Assets: Placing assets in a holding company puts them beyond the reach of operational creditors. This means, for example, a slip and a fall at a rental property won't jeopardize the property itself. Nor will a contract dispute threaten a patent.

3) Lower Taxes: Wyoming has no corporate or personal income taxes. There are no tax returns to file. Shifting income to Wyoming, where there are no state taxes, can significantly reduce your annual tax rate.

Learn more about holding company benefits here.

Parting Thoughts

An LLC most certainly can be a holding company. In fact, in most cases, the limited liability company is the most desirable business entity. This is due to their flexibility, pass-through tax status, and strong protections from personal creditors.

For related questions, such as "Should a holding company be an LLC or S-Corp" we recommend contacting our business attorneys. They can help craft a structure that takes into account you and your family's interests. If you have any questions about structuring your LLC, feel free to reach us through our contact form or call +1 (307) 683-0983. A member from our team of experienced paralegals will be available to assist you in navigating the process.

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Frequently Asked Questions

An LLC is generally superior to a Corporation for a personal holding company. This is due to their relative simplicity, privacy, and asset protection. A corporate tax election can be made if needed to obtain the benefits of an LLC and a Corporation.

Any LLC can be a holding company. It's not formed differently, but operated differently in that it’s solely used to hold investments, but not engage in operations.

A personal holding company is an LLC or Corporation designed to manage personal investments, which can be as narrow as only real estate or include a variety of asset classes such as equities, crypto, gold, etc.

An individual can, and often should, have a holding company. This company may then direct in investments with others, or solely for the purpose of the single individual.

Can A Holding Company Be an LLC? Yes! (2024)

FAQs

Can A Holding Company Be an LLC? Yes!? ›

A holding company can indeed be an LLC, with benefits including privacy, asset protection, and lower taxes.

Can a holdings company be an LLC? ›

A holding company can be an LLC. The only difference between a traditional LLC and a holding company is that the holding company does not conduct any business of its own. Holding companies don't create products or manufacture goods—they exist purely to hold ownership of the assets of their subsidiaries.

Does a holding company need an EIN? ›

All corporations must have a federal tax ID number to do business, and there are only rare situations (a holding company that does not pay tax of any kind) where an LLC wouldn't need an EIN. Your tax ID number will be required to fill out payroll reports, pay taxes, open a business checking account, etc.

Does a holding company need a name? ›

One of the most important decisions to make when forming a holding company is to name your company. Selecting your new company's name will require some critical thinking because the name you select will define your holding company and become a very important part of its identity.

What is the difference between a holding company and a series LLC? ›

A holding company doesn't actively operate businesses—it simply exists and owns. As a series LLC, the holding company would own all of the individual series beneath its umbrella. Real estate investors with multiple properties sometimes form series LLCs to isolate liability.

Does a holding company pay taxes? ›

Corporate income tax: Holding companies are typically subject to corporate income tax on their income, which may include dividends, interest, rental income, and capital gains from the sale of assets.

Is a trust or LLC better? ›

A Trust acts as a private, efficient alternative to a Will, providing privacy and ease of asset distribution. On the other hand, an LLC offers asset control, creditor protection, and tax advantages, especially for diverse portfolios.

Does a holding company LLC need a bank account? ›

The holding company and its subsidiary LLCs should all open their own business bank accounts.

How do I classify a holding company with the IRS? ›

A corporation will be considered a personal holding company if it meets both the Income Test and the Stock Ownership Test. The Income Test states that at least 60% of the corporation's adjusted ordinary gross income for the tax year is from certain dividends, interest, rent, royalties, and annuities.

What is the difference between a holding LLC and an operating LLC? ›

LLC holding companies

Take, for example, a person who wants to buy an apartment building for the rental income. Two business entities could be formed: an LLC operating company that would own the apartment building and an LLC holding company that would own the LLC operating company.

Can one person own a holding company? ›

Yes, a single individual can own a holding company. This arrangement can provide significant benefits in terms of asset protection and control over multiple companies.

What entity should a holding company be? ›

A holding company is a parent company—usually a corporation or LLC — whose purpose is to buy and control the ownership interests of other companies. The companies that are owned or controlled by a corporation holding company or an LLC holding company are called its subsidiaries.

Why would someone start a holding company? ›

Privacy: A holding company gives you the ability to maintain ownership of multiple companies without being personally listed as an owner. A holding company would use its own tax identification number, which would limit the exposure of the owner's social security number on record with the entities it owns.

How to put an LLC under a holding company? ›

How do I start an LLC holding company?
  1. Name your company.
  2. Secure a registered agent.
  3. File articles of organization.
  4. File annual reports.
  5. Maintain company records.
  6. Set-up a bank account.
  7. File tax returns.
  8. Create an operating agreement.
Dec 28, 2021

Should my holding company be an LLC or S Corp? ›

An LLC is generally superior to a Corporation for a personal holding company. This is due to their relative simplicity, privacy, and asset protection. A corporate tax election can be made if needed to obtain the benefits of an LLC and a Corporation.

Can an LLC be an investment company? ›

Yes, an LLC can invest in stocks, bonds, ETFs and mutual funds. This is usually done through a brokerage account.

Is a holding company a legal entity? ›

Holding companies and subsidiaries are legally recognized as independent companies. This limits the shared liability between the companies. They can, therefore, be protected from financial or legal issues faced by the subsidiary. This is the reason why many corporate groups will be structured using a holding company.

What is the difference between a limited liability company and a holding company? ›

A holding company is a business entity—usually a corporation or limited liability company (LLC)—that typically doesn't manufacture anything, sell any products or services, or conduct any other business operations. Rather, holding companies, or “holdcos,” hold the controlling stock in other companies.

Can I hold stocks in an LLC? ›

Once organized under state law, an LLC can do many of the same things as individuals, including buy stock.

Is a holding company a disregarded entity? ›

Based on your current facts, you don't have a structure that will require or allow a consolidated tax return. Your holding company, a SMLLC, is a disregarded entity, and as such, will be reported directly on your tax return.

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