SCS: better than SCI for real estate - Marc Bornhauser, lawyer - Le Family Office - World Latest Movie, Series, Videos and Trailers | fetery.com

SCS: better than SCI for real estate - Marc Bornhauser, lawyer

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Le Family Office

Published on Apr 3, 2024

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Maybe the best way to own real estate? 90% of professionals don't know it Faced with: The fragility of the LMNP, The constraints of dismemberment, The taxation of the SC for furnished rentals, It was time to find an alternative. To talk about it, I met Marc Bornhauser. ✅ On the program of the interview: The singularities and tax advantages of the SCS for real estate ownership. The situations where the SCS is not recommended and the risks of abuse of rights. How to orchestrate the governance and distribution of profits within an SCS. The transfer of assets via the dismemberment of SCS shares: a double-edged strategy? All the situations in which the SCS is the preferred option. Organization of the episode: The limited partnership (00:00:00) Explanation of the singularity of the limited partnership and its historical origin. Legal and Tax Dualism of the Limited Partnership (00:00:45) Explanation of the legal and tax dualism of the limited partnership, with its implications for the ownership of rental real estate. Tax Advantages of the Limited Partnership (00:02:45) Analysis of the tax advantages of the limited partnership for the distribution of profits between limited and general partners. Risks and Abuses of Rights (00:06:37) Discussion of the risks and abuse of rights related to the structure of the limited partnership. Transmission and Financing (00:11:10) Exploration of the possibilities for transmission of property and financing within the framework of the limited partnership. Governance of the limited partnership (00:13:52) Assessment of the simplicity of the governance of the limited partnership compared to the civil partnership. The dismemberment of property (00:14:46) Discussion on the advantages of the simple limited partnership scheme compared to the dismemberment of property. The results set aside (00:17:00) Comparison of the complications between bare owner and usufructuary of the results set aside. Profitability problem (00:18:55) Discussion on the potential problems related to the profitability of the property and bank loans. Transmission and death (00:20:35) Exploration of the tax implications in the event of transmission and death of the parent who formed the company. Use of the simple limited partnership (00:22:29) Discussion on the different cases of use of the simple limited partnership to finance real estate. Points of vigilance (00:25:05) Highlighting the risk of abuse of rights and the need for economic coherence in the files.

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