Should You Buy Through an LLC

Buying property in your own

name or through a company

During the last decade, limited liability companies (LLC) have become a widely used
option for acquiring real estate in the United States. Despite the benefits that LLCs
offer, they’re not always the best way to carry out real estate transactions. For many
Investors, the cost of starting and maintaining a company as a means of preventing
the effects of lawsuits isn't convenient for their financial interests.
 
Benefits of Purchasing Through an LLC
 
·      Protects the owner from possible property-related lawsuits. This means that, in
       the case of a lawsuit, they can only go after a specific property and not any other
       asset.
·      It allows you to deduct many of the expenses generated by the property.
·      The LLC structure helps to avoid estate taxes. Since the legal entity never dies,
       even upon the death of the owner of the company, they will reduce inheritance
       taxes.
·      The mortgage loan interest could be deducted from income taxes if the LLC has
       only one member (single-member LLC).
·      LLCs usually pay lower filing and maintenance fees than other types of corporations.
·      Unlike other types of corporations, a non-resident foreigner can start an LLC.
·      Great flexibility in the distribution of profits.
Should I Open an LLC for Each Property?
 
Starting an LLC for each property may provide greater protection. This way, the
investor limits the liability of each of the properties. If multiple properties are under
the same LLC, the liability of one property could expose the other properties. On
the other hand, if each LLC owns one property, the maximum liability will be subject
only to that property. However, due to the start-up, management, and maintenance
costs of multiple LLCs, it's common for investors to keep multiple properties under
a single LLC.
 
Estimated Costs of an LLC
 
·      Start-up costs: Approximately $400 to $700
·      Regular annual registration fees: Approximately $200 (Florida) to $400 (Delaware).
·      Accountant fees for management and annual tax return (before May 1st in
       Florida, before June 1st in Delaware.) Fees vary depending on the service
       and structure that each client requests.
 
What Do You Need to Open an LLC?
 
·      Corporate name
·      An address in the United States (if you don’t have one, usually the accountant
       or lawyer that creates the LLC will use his office address for this purpose)
·      Names of the owners (maybe a husband and wife)
·      Articles of organization of the company (prepared by lawyer or accountant)
·      Operating agreement (prepared by a lawyer or accountant)
 
 
How Long Does the Formation Process Take?
 
The process takes between three and five workdays in Florida and from five to
seven workdays in Delaware.
 
Florida LLC vs. Delaware LLC
 
The main difference between the two is privacy.
 
·      They're a matter of public record in Florida.
·      The information is private in Delaware
 
I bought a property in my own name. Can I transfer it to an LLC?
 
It's important to plan this out before purchasing the property. If you’ve already
purchased the property under your name, it is possible to transfer the property to
an LLC. However, it is extremely important to consult with an accountant and/or
lawyer who can analyze your specific case and determine any possible legal
and financial implications. It's important to determine:
 
·      If FIRPTA applies (foreign investors)
·      Transfer costs
·      Other closing costs (determined by a lawyer or accountant)
 

LEGAL NOTICE: These provisions are complex and require the knowledge and
experience of a certified public accountant and/or real estate attorney who can
assess the potential implications. The material contained herein is provided for
informational purposes only. It should not be used by the reader as a source of
legal advice. Always consult with a real estate lawyer or accountant for guidance.