LLCs for personal-use planes: tax return practices

I wish I’d come across this thread earlier but I’ll still try to answer.

I'm part of a three pilot “partnership” which is in the form of an LLC, so it’s a three member LLC. While some may disagree, I believe this does offer some protection to members B and C if member A does something boneheaded, and vice versa. The LLC has existed for almost 25 years and I’ve been part of it for most of that time.

We collect reserves for engine overhaul and maintenance. So in most years, there is more money coming in than going out. In a year where the maintenance expenses are high, or when you have an engine overhaul, the opposite is true. The other inflows and outflows essentially cancel themselves out (all the money that gets collected for fuel is spent on fuel, etc.) so the “profit” or “loss” is really just a question of whether the reserves grew or diminished in that year.

We do file annual federal and state returns, and essentially all of the member contributions are reported as income, while all of the expenses are obviously deducted. So in most years, there IS some taxable income which flows down to the tax returns of the members via Schedules K-1. In any year where we spend a lot from the reserves, there is a “loss” which results in negative income on the partners' individual returns. So over time, the taxable impact averages to essentially zero, but depending on when someone joins or leaves the LLC, they might have a personal impact that is non-zero.

if there is a better way of doing this I’d love to hear about it, but I do think that you need to treat the LLC like the business entity that it is and account for all of the inflows and outflows. If we were ever to be audited, I’m confident we’d be fine.

The actual dollars involved in a typical year might result in someone paying $100 more in taxes in a typical year, which is a pretty insignificant figure.
 
Most folks don't realize that an LLC has to file taxes and that is where they get into trouble. I have two airplanes in different LLC's which means twice the filing.

K1's for both because I have partners in one LLC and the IRS considers my wife a partner as well in the other LLC.
 
Form a non profit corporation equity flying club and use member equity and member loans to the corporation to always have the club owing the members the current value of the plane.
 
@DaviatorSF, I just came about your post above, and it's probably one of the best answers I have found online so far.

Could you please clarify something for me? Do you guys have your LLC in the same state where the aircraft resides, and does it matter? Since the LLC is not engaged in any real business, would it be "ok" to have the LLC formed in an "LLC-friendly" foreign state? I am located in Washington, and formation is currently $200 and annual filing is $60, but I know Colorado, Arizona and New Mexico charge $50 for formation, but require NO annual filing. I'm not trying to avoid the $60, believe me, but I'd prefer not having to do any extra filings with the State, if at all possible, just to reduce the overhead (my life is busy enough as it is). I still intend to treat this LLC with the respect it deserves, and keep books and money separate from my own.

By the way, I'm about to purchase an aircraft by myself, but I'd like to keep the door open for another member to buy an interest in the LLC, which may or may not happen.

Thanks in advance!
 
@DaviatorSF, I just came about your post above, and it's probably one of the best answers I have found online so far.

Could you please clarify something for me? Do you guys have your LLC in the same state where the aircraft resides, and does it matter? Since the LLC is not engaged in any real business, would it be "ok" to have the LLC formed in an "LLC-friendly" foreign state? I am located in Washington, and formation is currently $200 and annual filing is $60, but I know Colorado, Arizona and New Mexico charge $50 for formation, but require NO annual filing. I'm not trying to avoid the $60, believe me, but I'd prefer not having to do any extra filings with the State, if at all possible, just to reduce the overhead (my life is busy enough as it is). I still intend to treat this LLC with the respect it deserves, and keep books and money separate from my own.

By the way, I'm about to purchase an aircraft by myself, but I'd like to keep the door open for another member to buy an interest in the LLC, which may or may not happen.

Thanks in advance!
We have our LLC formed in the same state (California) where the aircraft resides. I think the answer to your question is going to vary depending on the state(s) involved. In California, "foreign" LLCs have to pay an annual $800 tax and do annual filings (just like California LLCs) so I don't think there would be any benefit. But that situation could be different in Washington and I'd suggest you make sure you wouldn't be creating more complexity/bureaucracy by doing what you suggest. I definitely agree that if you could eliminate the requirement for annual filings without running afoul of the rules somehow, that would be a good thing.

For example, many states require that you have an in-state representative for the LLC there, so you might be required to pay a service to be your in-state representative if that was the case. Again, these are general comments and I have no knowledge of how things work in the states you mentioned.
 
Thanks for the feedback @DaviatorSF, I'm giving AOPA a call to discuss this a bit further, I don't want to make the wrong decision. Cheers... C'ya!
 
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