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Members invest money into the LLC and get a share of the company in return. Those with an ownership interest receive a share of the LLC's profits and losses.
Membership Interest Transfer Agreements are typically used to document the sale of membership interests in an LLC from an existing member to one or more remaining members or, in some cases, to new members.
A transfer of LLC membership interests can mean selling, donating, assigning, or gifting?basically one LLC member turning over his or her membership interests to another individual or entity. The transfer can be voluntary or involuntary.
Tax Issues Related to Transferring an LLC Membership Interest. A transfer of an LLC interest where compensation is being paid is treated as a sale or exchange. The selling member will usually have a taxable gain or loss on the sale.
After the terms of sale are negotiated, a written membership interest sales agreement can be created to record the transaction. This agreement should detail the new member's ownership percentage, the amount of the buy-in, and require that the new member agree to be bound by the existing Operating Agreement of the LLC.