One of the most important things for landlords to worry about in the world of real estate business is protecting their personal assets from possible lawsuits against investment property. A popular way to get this kind of safety is to set up a Limited Liability Company (LLC) or an umbrella insurance policy. But which one is a better way to protect yourself? In this blog post, we’ll compare and contrast the two so you can make a better choice.
Umbrella Insurance
Umbrella insurance is a type of liability insurance that covers claims which go beyond your regular insurance policies, like your homeowner’s, car, or business insurance. It is designed to go into effect when the limit on a basic insurance policy has been hit.
Pros of Umbrella Insurance
- Coverage: Some umbrella insurance policies can cover things like libel, slander, and false imprisonment that other insurance plans might not.
- Global Protection: Many umbrella insurance plans cover you no matter where a claim or lawsuit originates.
- Additional Coverage: It gives you extra coverage on top of your primary insurance, effectively extending the limits of your normal policies.
Limited Liability Companies (LLCs)
An LLC is a type of business entity that combines the tax benefits of a partnership or single proprietorship with the limited liability of a corporation. This structure can give you a strong layer of protection for your personal assets that is different from your business.
Pros of LLCs
- Asset Protection: LLCs keep your personal assets and business assets separate. This means that if the LLC is sued, your personal assets, like your home or cash, are usually safe.
- Tax Flexibility: The tax position of an LLC can be changed. You can choose to be taxed as a sole proprietor, a partnership, or a corporation.
- Limited Compliance Requirements: Compared to corporations, LLCs have fewer yearly and ongoing requirements from the state than corporations do.
Cons of LLCs
- Formation and Maintenance Fees: Setting up and running an LLC costs money. These costs include formation expenses, state filing fees, tax preparation, and fees for an annual report. Professionals, like CPAs and attorneys, are not cheap, but the good ones are totally worth the expense and effort.
- Limited Life: In some states, if a member leaves an LLC, the LLC can be dissolved, and the remaining members must follow all legal and business obligations to close the business.
- Self-Employment Taxes: If you don’t choose to tax your LLC as a corporation, self-employment taxes may apply to all profits.
Conclusion
Umbrella insurance and creating an LLC can give you more protection from lawsuits on your rental properties, but they do so in different ways. Umbrella insurance is a type of extended liability insurance that can protect you from different claims. An LLC keeps your personal and business assets separate, which can protect your personal assets if you get sued.
Whether you should form an LLC or buy umbrella insurance relies on your personal situation, how much risk you’re willing to take, and the rules of the state where you do business. It’s important to talk to a lawyer or insurance agent to figure out which option is best for your specific case.
Why Not Have Both?
In the end, both ways may be part of a well-rounded plan to protect your assets. A limited liability company (LLC) gives you strong legal protection, and umbrella insurance could give you more financial safety. When you use both, they can work together to make a full shield that protects your investment from more possible legal problems. But, as always, the most important thing is to know all of your choices well and make a decision that fits your situation.