
What if you could get a pass through company like a tax-rated LLC or LLLP , through a limited partnership but have better creditor protection for the general partner? This is precisely the characteristic of an LLLP. In the past, some business owners have created LLCs to eliminate the risk for the general partners. A limited liability partnership (LLLP) eliminates the need for this antiquated strategy.
LLLP USA : What it is, what it is for, how it opens
An LLLP is a type of limited partnership, however, unlike an LP, the liability of LLLP general partners for debts or obligations of the LLLP is limited. An LLLP (limited liability partnership) is not as common as an LLC or LLP in the field of asset protection, but it is the most used tool to defend yourself against creditors in the US.
LLC or LLLP
So, the question remains: since LLCs are readily available (where ALL members have limited liability), why would anyone ever use a limited partnership of any kind?
In our practice with clients, we use LLLPs because limited partners are assumed to have a passive role in the income generated by that partnership.
Benefits of LLLPs
The LLLP works to effectively limit the general partner's liability in addition to the limited partner.
You may be wondering, then, what is the difference between an LLC and an LLLP. In reality, there is not much difference in terms of asset protection and liability reduction. From a tax perspective, LLLPs retain the limited partner-general partner classification, which is one of the major (tax) differences between LLCs and LLLPs.
Another thing to note about LLLPs is that they are only recognized in some states. Therefore, they are not nationally recognized. An LLLP can do everything that a regular LP and LLC can (it is effectively a hybrid of the two) General partners have limited liability and the partners are protected from liability if the partnership is sued.
The need to use a limited liability entity for the general partner such as an LLC is eliminated.