An LLLP is a new modification of the limited partnership. Similar to a limited partnership, the LLLP consists of one or more general partners and one or more limited partners. The key advantage of this form of ownership is that the general partners receive limited liability on the debts and obligations of the LLLP. However, an LLLP that is formed under the laws of another state must register with the Secretary of State prior to conducting business in the state.
Key Features
- The general partners manage the business operations of the LLLP, while the limited partners typically only maintain a financial interest.
- The LLLP is a flexible form of business.
- It is designed to offer limited liability to all partners in the partnership.
- The partners will decide the structure of the organization and the distribution of profits and losses. A formal, written partnership agreement is advisable.
- An LLLP does not pay income tax. However an LLLP must pay an annual tax of $xxx. The items of income, deductions, and credits "flow down" from the partnership to each partner through the Schedule K-1. Each partner is responsible for paying taxes on their distributive share.
- An LLLP remains in in existence until any agreed upon termination date.
Filing Guidelines
- Every LLLP that engages in a trade or business or earns income from sources and every LLLP that registers with the Secretary of State is required to file taxes as per the state guidelines.
- The LLLP provides each partner with a schedule K-1 that states the partner’s distributive share of the partnership's (LLLP's) items of income, deductions, and credits.
- The return due date is the 15th day of the 4th month after the close of the taxable year.
- An LLLP must pay an annual tax.
Estimated Tax
- No estimated tax requirements.
- The LLLP may be required to withhold taxes if the partnership distributes source taxable income to a nonresident partner.
Brenda
15th May 2015
I went the rough incorporation of our company in Delaware, and was about to set up an LPin WA, then learned about LLLP's from my accountant just this morning. He is of the belief that this is a better way for me to set up my business in the USA. I am a Canadian citizen and a non-resident of the USA. I also would like to know if I need to set up LLLP's in each state that I want to do my real estate investing in, or is one LLLP good for all states. I was told that an LLLP set up in Florida could buy property in Washington state. I want to follow the rules, but minimize the taxes paid out. PS My husband will be my partner (also Canadian citizen and non resident of the USA).
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