A Limited Liability Company ("LLC") can provide estate and gift tax savings since the fair market value of a minority or non-voting LLC membership interest is generally discounted to reflect (1) its lack of control, (2) its lack of marketability, and (3) the LLC transferability restrictions. A LLC also provides a layer of asset protection from the partners' personal creditors.
Nevada law was updated in 1997 to make it one of the best states in which to form an LLC. Many states have not yet amended their laws to do what Nevada's 1997 law does.
A LLC established under the laws of a state that has not amended its laws in this manner do not provide for valuation discounts of the magnitude of a LLC established in Nevada.
Using the wrong state laws for the LLC could be very costly for a family since their gift tax leverage would be significantly limited. Unlike a Family Limited Partnership (in which the general partners are personally liable for partnership debts), no member of an LLC is personally liable. Therefore, an LLC is often used to own a business or a piece of real estate in order to protect the client from personal liability.
Nevada law requires an LLC to have a resident agent located in Nevada.
As reported by the Associated Press in the August 14, 2001 issue of the Las Vegas Review-Journal:
Nevada is ranked No. 1 as having the most friendly business atmosphere TOP BUSINESS FRIENDLY STATES Ranking of state's climate for small businesses.
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