Limited Liability Companies With Special Agricultural Drafting

Purchase and sell agricultural products such as livestock, crops, farm machinery, produce, and supplies.

Borrow money for related farm activities.

Participate in farming co-ops and other forms of farming collaboration.

Operate and maintain a farm business.

Operate taxed agricultural activities such as animal husbandry and crop processing.

Engage in nonagricultural activities like real estate development or retail operations.

Maintain corporate standing outside of the United States.

Share net losses to nonmember owners or shareholders.

Tax Advantages – LLCs enjoy favorable tax treatment, such as pass-through taxation, meaning profits and losses are passed directly to the owners.

Asset Protection – Assets owned by LLCs are protected from the personal liabilities of its members.

Flexibility – LLCs can be tailored to meet the specific needs of a particular farming business.

Simplicity – When compared to other business entities, LLCs are relatively easy to set up and maintain.

Business Name – The LLC must have an official name that follows state guidelines.

Articles of Organization – The articles of organization need to be filed with the state.

Operating Agreement – A detailed operating agreement should be prepared to provide structure and guidelines for running the business.

Record Keeping – Proper record keeping is important in order to maintain compliance and evidence of ownership, operation, and financial position of the LLC.

Taxation – Depending on the type of farming operation, additional taxes may be required or exemptions may apply.