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LBRY Claims • utilizing-an-llc-to-day-trade-or-hold

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3 Jan 2022 19:07:38 UTC
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Utilizing An LLC To Day Trade Or Hold Long-term Stock Investments
As with many aspects of LLCs or Limited Liability Companies, whether it is advisable to be using an LLC to day trade depends on the circumstances of your particular business. There are three aspects to the decision as to whether or not to use an LLC to day trade or use an LLC to trade stocks:

1. Management in Using an LLC to Day Trade

The formation of the structure may make management of a project under control of the LLC easier than if it wasn’t in the LLC. If there are a ton of people in the business, then the establishment of a legal entity will force the appointment of a select number of people to manage the business. It doesn’t matter whether you use an LLC or corporation, the management issue has about the same outcome. Obviously, the question of using an LLC to day trade is not an issue on the management front, because you’re the one doing the trading.

2. Tax Considerations in Using an LLC to Day Trade

A company has a different tax status than you do as an individual. There are many things a company can do with taxes that an individual can’t do. The company can lower your adjusted gross income. There isn’t much you, as an individual, can do to affect your adjusted gross income directly, but everything your company does either raises or lowers your adjusted gross income.

Using an LLC to day trade will produce only passive income. There isn’t a lot of equipment or other things that a company can “deduct” from the trading business that you can’t deduct as an individual. You certainly wouldn’t want to use a C corporation to do your day trading, because the only way you could “recover” the money out of the C corporation would be through a wage or a dividend, and so that would mean higher taxes. Therefore, if you use a corporation or an LLC to trade stock, you would want it to be a “pass-through” entity. Using an S corporation, a partnership or a sole proprietorship to trade stock will accomplish the pass through OR you could use an LLC to trade and have the LLC taxed as a sole proprietorship (disregarded entity), partnership (if more than one person) or an S corporation. I would probably use the LLC for day trading, if I used any entity. The tax advantages won’t be huge, so if the cost or pain of having and maintaining an LLC is high, then forget about using an entity to trade.

3. Asset Protection in Using an LLC to Day Trade

Asset protection isn’t a big deal in using an LLC to day trade. You could lose your ass—ets, but nobody is going to sue you. The only exposure you have is the money you are trading. So, there is no need to use an LLC to do day trading for asset protection purposes – at least not from the “company” liability standpoint.

Having said that, it could be a good idea to use an LLC to da
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