Forming a limited liability company (LLC) for real estate ventures can provide numerous benefits. The benefits include asset protection and flexibility in managing your properties.
Thus, you need a proper guide to gain valuable insights and avoid common pitfalls when forming a real estate LLC to set a solid foundation for your real estate business.
As real estate and business formation experts, our team provides a comprehensive guide on starting an LLC specifically tailored for the real estate industry.
Whether you're an investor, landlord, or property manager, this article will provide valuable insights into establishing a real estate LLC, covering essential steps, legal considerations, and practical tips.
Quick Summary
- To start an LLC for real estate, follow these 6 easy steps: decide on the type of your real estate LLC, pick an available business name, choose a registered agent, file your Articles of Organization, create your LLC operating agreement, and obtain permits and licenses
- Forming an LLC for real estate provides benefits such as asset protection, tax deductions, and personal liability protection
- Real estate LLCs have disadvantages, including higher startup costs, time-consuming management, and filing fees
What Is An LLC For Real Estate?
An LLC for real estate is a legal entity commonly used in real estate investing.
When you own rental properties, the LLC allows the property to be included in this separate entity while allowing it some of the benefits of being an individual owner.
This is beneficial because it limits liability from lawsuits against one property if another becomes subject to litigation and foreclosure.
This structure allows investors to manage and protect their real estate investments while offering potential tax benefits.
An LLC may be established for a specific real estate deal, asset (such as an apartment complex), or multiple real estate investment properties.
The Benefits of LLC for Real Estate
There are many benefits to creating an LLC for your real estate business.
One major benefit is its protection from liability issues related to owning rental properties and handling tenants' deposits, maintenance costs, repairs, etc.
Asset Protection
An LLC protects your real estate business from creditors.
The LLC owns all your personal assets, which cannot be accessed or touched unless you violate a contractual obligation.
If someone wants to sue you for something that has nothing to do with your real estate business, then there is no reason they should also have access to your hard-earned personal and business assets.
Tax Deductions & Planning
A real estate LLC is a good option for tax deductions and planning for the real estate investor.
As an LLC, you can deduct your business expenses automatically without needing to document them or file extra tax forms.
These tax benefits will be even more substantial if you are in a high-income-earning profession.
The IRS allows real estate investors to treat their LLCs as a "pass-through" entity.
Pass-through taxation means that you will pay income taxes on the total profit made by your company at your individual tax rate rather than facing double taxation.
According to the IRS, a business owner who puts real estate assets into an LLC may choose to pay federal taxes as a sole proprietor, partnership, S corp, or C-corp on property earnings at the federal level [1].
This saves business owners a lot of money each year (possibly thousands).
Personal liability protection
A real estate LLC will protect your personal assets from business liabilities.
The real estate LLC separates the real estate owner's personal and business sides. This is smart for real-estate investors who face serious liability risks.
An LLC could also benefit you if you are an entrepreneur or high-income earner with many investments in different companies.
The Disadvantages of Real Estate LLCs
Real estate businesses require more startup costs because they must pay separate taxes from personal income taxes.
Another challenge LLCs face with real estate is taking a significant amount of time to manage the LLC and its properties.
This can be a hindrance when you have other business ventures at once because there's so much paperwork involved in running an LLC for your real estate investments.
The most common disadvantage of real estate LLCs is the cost of filing fees.
The expense of establishing a real estate investing business will differ depending on whether an investment property owner creates his or her own real estate limited liability company, hires a lawyer or uses an online service. They can also vary based on the state in which the LLC is formed.
How to Form a Real Estate LLC?
Suppose you want to set up an LLC for real estate.
In that case, you should consult with a lawyer in your area who specializes in this field to ensure you are following all the necessary steps for forming a limited liability company in your state.
You may need to file paperwork at various government agencies and review it carefully. In most cases, setting up your real estate LLC will require a few steps.
1. Decide On The Type Of Your Real Estate LLC
A popular question for property investors is how to choose the right type of real estate LLC.
There are two options: real estate holdings and real estate investment LLCs.
A real estate LLC holding company is the most common type of a Limited Liability Company. It's designed for investors with multiple properties they intend to hold or develop.
This structure allows them to protect their personal assets (e.g., their house, bank accounts).
A real estate investment LLC is for investors who want to establish a separate business entity and invest passively, similar to other investment companies.
2. Pick an Available Business Name
Real estate companies must use a business name different from their partners' personal names.
Here are the key requirements to keep in mind:
- Your LLC name must be distinct from existing businesses registered in your state. Conduct a thorough search of the state's business name database to ensure availability.
- Check for any specific requirements mandated by your state. Some states may require including terms like "Limited Liability Company" or "LLC" in the business name.
- Opt for a name that reflects the professional nature of your real estate business. Consider using words like "properties," "realty," or "investments" to convey your industry specialization.
- Choose a name that is easy to remember and pronounce. This will help potential clients and partners recall your business when needed.
- Consider selecting a name that aligns with your future branding efforts, allowing you to build a strong and recognizable identity within the real estate market.
Choosing an available business name for your LLC is important to avoid future problems with trademark infringement or other issues related to unfair competition.
If unsure whether your desired company name is taken, search online and check state records before filing other LLC documents.
3. Choose a Registered Agent for Your Real Estate LLC
Choosing a registered agent is crucial when starting an LLC for real estate. They help fulfill crucial legal obligations on behalf of your company.
A registered agent is an individual or entity responsible for receiving legal and official documents on behalf of your LLC.
When selecting a registered agent, there are several requirements to consider:
- Residency or Physical Presence: The registered agent must have a physical address in the state where your LLC is formed. This ensures that they can receive important legal and government correspondence.
- Availability and Accessibility: The registered agent should be available during regular business hours to receive documents and notifications. They should have a reliable system to forward any received correspondence to you promptly.
- Eligibility: They must be authorized entities to conduct business in the state where your LLC is formed.
- Reliability: Select a registered agent who can reliably handle sensitive and time-sensitive documents. The agents should also promptly forward the documents to the LLC's designated contact person.
4. File your Articles of Organization
Articles of Organization are articles that outline the details of your LLC.
This document officially establishes your LLC as a legal entity with the state authorities. The articles are filed with the state you are going to operate, and they serve as public notice regarding the formation of your LLC.
To ensure a smooth filing process, you should gather the necessary information and carefully complete the required forms.
Begin by researching the specific filing requirements of your state. Some states require a statement regarding your company's business operations and whether it will be run by member managers or elected officers (such as the president and secretary).
Typically, you’ll need to provide details such as:
- LLC's name
- Registered Agent
- Principal address
- Purpose
You may also pay a filing fee, which varies by state.
Before submission to the appropriate state agency, double-check your forms for accuracy.
Articles of Organization contain important provisions about the LLC bylaws and details about its members.
5. Create your LLC Operating Agreement
An operating agreement is a written document that outlines operating procedures for your LLC.
The operating agreement is not filed with the state and must not be submitted when registering your company.
Still, it's important because it allows each LLC member to understand their rights and responsibilities.
6. Obtain Permits and Licenses
Many states require obtaining licenses and permits before you can form an LLC.
Because there is no national real estate license, you must fulfill your state's particular licensing criteria.
In most cases, you will need the Real Estate Sales License and possibly a few others.
Remember that your business license will probably need annual renewal; otherwise, you will risk LLC dissolution.
7. Federal Tax ID Number and Business Bank Account
You can use your Social Security number to file taxes as a sole proprietorship or single-member LLC.
Your SSN can also be used as your tax ID number.
However, if you're a multi-member LLC or plan to hire employees, or operate as a corporation or partnership, the state will require you to obtain a tax ID number.
This ID number will also be needed if you plan to open a business bank account.
Similar Article: Transfer Real Estate to an LLC
The Alternatives to Real Estate Limited Liability Company
Real estate investors may utilize a few different business entity forms.
A property owner may opt to form a corporation instead, but you have to remember that this structure may be subject to double taxation.
However, purchasing liability insurance might provide some personal liability protection an LLC would provide without setting up an LLC.
Similar Articles:
- Real Estate Trust vs LLC
- What is an Investment LLC
- How Does LLC Protect Real Estate Properties
- Should You Create an LLC for Your Rental Property
FAQs
Why Real Estate Broker Cannot Be LLC?
Real estate brokers cannot be LLCs due to legal restrictions and licensing requirements.
Real estate brokerage is not allowed in LLCs. This is because the activity requires specific licensing and compliance with regulatory frameworks.
Therefore, real estate brokers are typically structured as individual agents or operate under other business entities that meet the necessary legal and regulatory criteria.
What Is the Best State to Form LLC for Real Estate?
In general, Texas, Nevada, and Delaware are said to be the best states to set up a real estate business as an LLC.
Forming your LLC in a tax haven is best for real estate investing and will offer you more benefits than any other business entity.
However, every company has different needs and tax structures that may not be available in all states.
What Is the Cost of a Real Estate LLC?
The cost of forming a real estate business entity may vary depending on the state's initial filing fee.
Additionally, ongoing income is produced by the entity's assets and operations. A business's ongoing costs determine whether it will be profitable over time.
Where Can I Find a Lawyer for My Real Estate LLC?
You can find a real estate LLC lawyer is to searching for a reputable law firm in your area and consult other business owners with experience.
Additionally, you may consult with attorneys experienced in LLC formations and transactions. Professional legal advice can provide the necessary expertise to navigate real estate matters and ensure compliance with applicable laws.
How Do I Establish a Tax ID for My Real Estate LLC?
You can apply for an EIN through the Internal Revenue Service (IRS) to establish a tax ID for your real estate LLC. Visit the official IRS website and complete the online EIN application. Provide accurate and necessary information about your LLC to obtain a legitimate tax ID.
Setting Up a Real Estate LLC
Setting up an LLC can be a confusing process. You must take many steps and complete all of them correctly for your company to function properly.
You'll also want to make sure everything is documented appropriately so there are no issues down the line with tax filings or other legal obligations.
The good news is that if you follow tried and true methods, this process will go smoothly without any hiccups whatsoever.
Before making final decisions, you can also contact ZenBusiness, which has experience setting up an LLC.
Our #1 Recommendation
ZenBusiness
Reference
- https://www.irs.gov/faqs/small-business-self-employed-other-business/entities/entities
