Why would you create a Holding Company? | Cornetet, Meyer, Rush & Stapleton (2024)

By: Elliott Stapleton

What is a holding company?

In Ohio, a holding company is an entity that owns (holds) interests in other companies or assets used by other companies. A holding company exists for the purpose of controlling other companies or assets rather than for the purpose of producing its own goods or services.

Benefits of creating a holding company:

Privacy: A holding company gives you the ability to maintain ownership of multiple companies without being personally listed as an owner. A holding company would use its own tax identification number, which would limit the exposure of the owner’s social security number on record with the entities it owns.

Accounting: For individuals who have interests in real property, it is possible to have a holding company own each property in a single-member limited liability company. This would also centralize accounting for purposes of investments in real property onto one tax return while still maintaining separate liability protection. Note, there could be tax disadvantages to a holding company if the operating company is an S-corporation.

Liability Protection: If you are not participating in the business, using a holding company may add an extra layer of liability protection to passive investments.

Protection at Death: In some cases, using a holding company to own your interest avoids triggering of buy/sell provisions at death (since a holding company cannot “die”). Rather than ownership potentially ending after you are deceased, you can decide who will control the holding company, thus keeping your voting rights which may otherwise have been terminated at death. Note, some Operating Agreements have provisions that trigger the buy/sell provisions upon the death of the owner of the holding company.

Protection of Valuable Assets: For some businesses, there is a principal asset that has a significant value for the operating company; for example, real property, software, or manufacturing equipment. It is possible for the valuable asset to be owned by a holding company and leased or licensed to the operating company for use. In the event the operating company is sued and forced into bankruptcy, the holding company may retain ownership of the valuable asset to be leased or licensed to a new entity.

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Why would you create a Holding Company? | Cornetet, Meyer, Rush & Stapleton (2024)

FAQs

Why would you create a Holding Company? | Cornetet, Meyer, Rush & Stapleton? ›

Privacy: A holding company gives you the ability to maintain ownership of multiple companies without being personally listed as an owner. A holding company would use its own tax identification number, which would limit the exposure of the owner's social security number on record with the entities it owns.

What is the purpose of creating a holding company? ›

A holding company is a parent company—usually a corporation or LLC — whose purpose is to buy and control the ownership interests of other companies. The companies that are owned or controlled by a corporation holding company or an LLC holding company are called its subsidiaries.

What was the purpose of the holding company model? ›

A holding company typically exists for the sole purpose of controlling other companies. Holding companies may also own property, such as real estate, patents, trademarks, stocks, and other assets.

What is the purpose of a real estate holding company? ›

A real estate holding company is a legal entity designed to protect business owners from the risks that come with owning investment properties. Real estate holding companies, also known as limited liability companies (or LLCs), do not participate in business operations themselves but own different assets.

Does a holding company need to make money? ›

Revenue Generation in a Holding Company

A holding company generates revenue through various channels, including dividends from its subsidiaries, income from its assets, and royalties from patents or copyrights it holds. This diverse income stream contributes to its financial stability and growth.

What is the objective of a holding company? ›

The primary aim of a holding company is to manage other companies, whether they be other companies, limited liability partnerships, or limited liability companies. Holding companies can also own properties, such as immovable objects, patents, trademarks, securities, etc.

Do holding companies pay taxes? ›

Corporate income tax: Holding companies are typically subject to corporate income tax on their income, which may include dividends, interest, rental income, and capital gains from the sale of assets.

Should I have a holding company for my LLC? ›

Think about the kind of legal risks your business faces. If your business engages in legally or financially risky activities, you might consider using a holding company to keep valuable assets separate from potential liabilities.

What is the cost of control in a holding company? ›

COST OF CONTROL (COC) is the amount paid by a holding company, sometimes at a premium, for shares in its subsidiary company over and above the value they would command as an investment, in recognition of the particular benefit, which the company gains through control.

What is the downside of holding companies? ›

Limited control: As a holding company, you may not have direct power over the operations of the companies you own. It can make it challenging to implement changes or make decisions that affect those companies. 3. Increased risk: As a holding company, you are exposed to the risks of your own companies.

Does a holding company have value? ›

It depends on several critical factors that can significantly impact its overall worth. Some of the key factors include: Diversification of Subsidiaries: The range of industries and sectors in which the holding company's subsidiaries operate can influence its valuation.

What is the biggest holding company? ›

10 Largest Financial Holding Companies
NameTotal Assets
JPMorgan Chase$3.77 trillion
Bank of America$3.07 trillion
Citigroup$2.38 trillion
7 more rows

Why would someone start a holding company? ›

Privacy: A holding company gives you the ability to maintain ownership of multiple companies without being personally listed as an owner. A holding company would use its own tax identification number, which would limit the exposure of the owner's social security number on record with the entities it owns.

What is the primary purpose of a holding company? ›

Their sole purpose is to hold the controlling stock or membership interests in other companies. This type of holding company is called a pure holding company. Some holding companies, in addition to owning and controlling subsidiaries, do have their own business operations.

Can you put your house in a holding company? ›

While this practice is perfectly legal in California and elsewhere, there are some considerations and tax implications. High-end properties, especially those purchased in all-cash transactions, such as many homes in Newport Beach, Laguna Beach and Coastal Orange County, are frequently purchased and held in LLCs.

What are the benefits of a holding LLC? ›

Instead, all LLC owners — called members — have complete limited liability protection. LLCs are also superior to C corporations because LLCs avoid the double taxation of corporations, yet retain complete limited liability for all members. Furthermore, LLC's are rather cheap and easy to form.

What is the difference between a holding company and an LLC? ›

A holding company can be an LLC. The only difference between a traditional LLC and a holding company is that the holding company does not conduct any business of its own. Holding companies don't create products or manufacture goods—they exist purely to hold ownership of the assets of their subsidiaries.

Does a holding company need a bank account? ›

Open Separate Business Bank Accounts

The holding company and its subsidiary LLCs should all open their own business bank accounts. An important part of operating a holding company structure is keeping each business separate.

What is the difference between a holding company and an investment company? ›

The purpose of holding companies is to buy shares and have control over them, but the purpose of investment companies is only to receive profits from the purchase of company shares, and basically they have nothing to do with how the company is run. Holding companies control and manage investable companies in a way.

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