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Forums » Goals, Business Plans & Entities » Nevada LLC registered in Texas

Nevada LLC registered in Texas Subscribe to Nevada LLC registered in Texas

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Real Estate Investor · Santa Cruz, California


Hi,

If you want to have a Land Trust in Texas hold a property with the beneficiary being an Nevada LLC do you have to register the Nevada LLC entity in Texas so that its allowed to do business in Texas?

If I would buy/hold the property directly in the LLC's name then I assume I would for sure have to register the Nevada LLC in Texas, but since it's owned by the Land Trust I am not sure.

Another question ... :-) Lets assume the state is not Texas (non income state) and it's California, would that make a difference?

Thx


SFR Investor · Long Beach, California


You would have to register the LLC in whichever state you are doing business in because it is a legal business entity. The Land Trust in and of itself is only a means to shield your name from the public record and when combined with an LLC (preferably two) makes it very difficult for someone to sue you.

You would have to pay the initial costs to set up the LLC in the home state and then you would have to pay a foreign filing fee to register the LLC in the state you want to conduct business. Also, just because a state doesn't have income tax does not mean you are exempt from paying a business tax on the LLC. Tennessee is also a zero income tax state but they charge $300 annually for LLC's. You would have to check with whichever state you are looking to conduct business in.


Real Estate Investor · sioux falls, South Dakota


In the state of TX, you DO NOT need to register your LLC to buy and hold property, and you can be sued. However, I tried to evict by lawsuit a tenant and it was not allowed to , until I registered. There was a fine and cost to register before I could sue. It held me up about a week and cost several grand. Annual fee is much less. Rich


Rehabber · Santa Clarita, California


Having an LLC in one state and doing business with it (having the property owned in another state, as example) defeats the entire purpose of having an LLC which is a layer of asset protection. You MUST either have the entity in the state in which the property is located or at least register a foreign entity in the state the proeprty exists.

Failure to do so will open the doors for lawsuites and cause other problems such as the one Rich mentioned.

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


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