I went onto my secretary of state website and looked at forming an LLC and it was $600. Is this about normal? Are there any sites you have had that you would recommend to be better or cheaper?
I went onto my secretary of state website and looked at forming an LLC and it was $600. Is this about normal? Are there any sites you have had that you would recommend to be better or cheaper?
Depending on the state, fees can vary. Here in CA, it is $800 per year, plus the fee for a set up (unless you do it yourself of course)
Are you forming a single member LLC or partnership LLC? If multiple members in the LLC, I suggest you consult with an attorney first. An operating agreement is pertinent.
Try Nationwide Incorporators. They can form entities in all states and you can compare fees.
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com
Its just going to be a single LLC. I have an attorney that Im going to call tomorrow to see what he says, but was just going to get some other opinions on here too. Thanks
Depends on the state. Its all over the map. Here in CO its $50 and takes about 10 minutes to do the state filing. If you use an attorney, they'll add their fees on top of that.
Here in Oregon it's also $50 and you can do it all online.
Has anyone had any experience forming a "series" LLC to hold multiple properties?
Series LLC's are not currently recognized in all states, so you need to make sure the properties you own or invest in are in the states that do currently allow the series LLC format.
Consult with a RE Attorney as I am not one.
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com
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Yea I was a little bumbed out when I saw it was that much.
I'm glad I live the sunny state of Arizona!
I pay a lady that gets it all done in a week $295
Might I suggest doing a deal as a sole proprietor (is that spelled right) and then take the proceeds to create an LLC, who knows maybe the attorney will give you a discount if you retain him as your attorney which obviously suggested as well. Just a thought.
In some cases, purchaing RE in your own name is ok so long as you add the appropriate liability protection in the form of insurance, and due diligence.
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com
Im going to just go with the LLC. The tax benefits should still out weigh everything in the end. Plus it just sounds more professional to me.
Hang on. An LLC is a pass through tax entity. If you're the only member, all the income and expenses flow directly to your personal return. If there are multiple members, it files a partnership return and the income and expenses are distributed to all the members. There are no tax benefits to an LLC. The benefits are the liability protection.
If there are multiple members it does not have to a partnership return. It can be treated like a corporation either subS or C. But for the life of me, I can't see ANY advantage of creating an LLC and having it treated like a C corp for tax purposes.
For a single member LLC there is no real asset or liability protection. For multiple members, if you keep everything up to date and operate it correctly you get one way protection. Claims against the LLC can't spill over to your personal assets except in certain instances.
I 100% agree with Taz and Jon. That is why I by-passed the LLC and started an Incorporated entity. $65 to create it in the state of Michigan and it does NOT have pass-through taxation like a personal DBA or LLC.
Taz,
Why is that? I thought that was the whole point of it.
Because there is a lot of case law routinely piercing single member LLCs as nothing more than an alter-ego entity. Especially, if the taxpayer has elected to treat it as a pass-thru entity. Lots of courts are looking at single member LLCs as little more than expensive and complex DBA registrations.
A corporation, even one wholly owned by a single shareholder is harder to pierce. But, still easier than one with multiple shareholders.
As in many things in this world, there is strength and protection in numbers.
I agree with Taz.
My LLC has a Scorp election for taxing.
but, being a single member entity I know it can get pierced with some effort. I always do my best to make sure I never put myself in a position where getting sued is even a thought.
Nick,
Just curious - why did you select the s-corp option for taxing?
I attended a RE Law lecture last fall and the Lawyer was licensed in both IL and MO and he highly recommended getting an LLC in MO as it is about $150 vs. the higher cost in IL. Maybe check the other surrounding states as they may be cheaper. Although you will need to check into if you need to do anything special to do business in IL as an outside company.
I talked with my boss's son, a recovering lawyer, who I was going to pay to help me set up an LLC and he talked me out of it. Maybe registering a business name with the state would be good enough if you want it to just sound official-and a lot cheaper. You could be a 'Co.' instead of 'LLC'.
An S-corp election for a corporation makes some sense. It lets the profit and losses flow through to the shareholders. I don't see how that makes any sense for an LLC. An LLC does that anyway. An LLC can elect to be taxed as a C-corp, which might make sense under some circumstances (not sure what). A C-corp makes sense if you can do fringe benefits inside the corporation, and pay for those with pre-tax dollars. But it incurs the double taxation of any money distributed as dividends. An S-corp election avoids this. But so do LLCs.
In most cases, you'll need an entity in the state where you own the property. If its formed elsewhere, you'll usually have to register as a "foreign entity". Guess what that costs? Same as forming the entity in that state.