Series LLC For Investors in Delaware

Investors in the state of Delaware are fortunate to live in one of the best states for forming a Series LLC. This famously pro-business state is a wonderful place to form a Traditional LLC or Series LLC. For real estate investors in Delaware, the Delaware Series LLC provides more protection while also boasting some benefits that Series LLCs formed in other jurisdictions do not.

About the Delaware Series LLC

Delaware was the very first state to enact Series LLC legislation back in 1996. Since Delaware pioneered the Series LLC, other states have looked to Delaware’s legislation when creating their own Series LLC options. The entity has stood the test of time, and today the Delaware Series LLC remains one of the strongest asset protection tools available to investors nationwide.

Advantages of the Delaware Series LLC

The Delaware Series LLC confers the many benefits that characterize Series LLCs generally. All Series LLCs offer a unique way to limit liability, protect the equity of your assets, separation of assets, flexibility with tax treatment, and a mechanism for concealing your assets from prying eyes. You can learn more details from our previous piece on the benefits of Series LLCs for real estate investors.

There are, however, certain benefits that are specific to the Delaware Series LLC. Some of these benefits include:

  • Low-cost single filing fee. Filing a Series LLC in Delaware costs only $300 at the time of this writing. This fee does not change based on the number of Series within the entity.
  • Lower tax costs. The Delaware Series LLC must pay a franchise tax annually. However, at only $300, this is a relatively inexpensive in-state tax. While states like Texas may have no in-state tax at all, states like California would require $800 per Series. The Delaware Series LLC will pay the same $300 regardless of number of Series, just like its filing fee.
  • Judicial benefits. Delaware uses a Chancery Court. The Chancery Court’s judges are specifically experts in business law. The Court has a reputation for providing fair rulings in keeping with the state’s pro-business reputation.
  • Clear legislation. State law in Delaware specifies the Delaware LLC’s asset protection benefits--including the insulation of assets and liabilities within and between Series. Similarly, Delaware law has clarified that Series may sue or be sued, enter into contracts, and hold title to real estate assets without exposing the entire structure.

How Royal Legal Solutions Can Help With Your Delaware Series LLC

The asset protection professionals at Royal Legal Solutions can help you establish your Delaware Series LLC.  We can also assist with property transfers into the structure,  If you happen to be reading this from another state, you should know that you may be able to take advantage of the Delaware Series LLC--and we can help you, too. Protect the real estate investments that you have worked hard for. Schedule your personalized consultation today.

Last Updated: 
December 27, 2018

Scott Royal Smith is an asset protection attorney and long-time real estate investor. He's on a mission to help fellow investors free their time, protect their assets, and create lasting wealth.

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