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A Primer for Forming Loan-Out Corporations

By Maxwell Briskman Stanfield
December 01, 2019

In the entertainment industry, it can take years for actors, musicians and others to reach a point where their efforts begin bringing in a notable return. If and when these types of clients begin to make a consistently significant income, one method that deserves consideration for protecting the hard-earned pay is to organize a loan-out corporation.

From a legal standpoint, these corporations are essentially identical to single-member limited liability companies (LLCs) or sole-shareholder corporations. The term "loan-out corporation" is generally used in the entertainment industry and reflects that these companies — typically consisting of one owner — allow entertainers to "loan out" their services into independent contract relationships with third parties. Substantial tax benefits and asset protections may make these types of enterprises attractive once an entertainer begins taking in a more sizable income and is subjected to higher personal income taxes.

Let's say a film and TV actor is beginning to receive a steady stream of well-paying work. Once his or her income begins to increase to around $100,000 per year, the entertainer's counsel should broach the idea of a loan-out corporation. This is a general figure, but it is around that income level that the potential tax savings begin to outweigh the initial costs and annual fees of operating a corporation.

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