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Forums » Starting Out » LLC now or after first flip?

LLC now or after first flip? Subscribe to LLC now or after first flip?

34 posts by 19 users

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Real Estate Investor · Houston, Texas


I'm currently looking for my first flip and have received conflicting advice from some of the local investors I've spoken to. Some say it is better to get your feet wet and go through the first flip from start to finish before setting up an LLC while others say to set it up beforehand.

I will personally be investing $75K into the venture and my father is willing to invest an additional $100K in exchange for 30% of the profits.

I think we'd be better off getting the LLC taken care of before purchasing our first property in order to protect our personal assets, but others have said it isn't a big deal if we have insurance and use contracts to properly protect ourselves with contractors, etc.

I'd really like to hear the opinions of experienced BP members and I would appreciate any advice!


Rehabber · Santa Clarita, California


Mo,

From my experience and info given to me over the years from many asset protection advisors, attorneys, CPA's, etc, you should not be flipping properties in your personal name! You open yourself up to personal liability if anything should go wrong (during rehab, someone gets hurt above and beyond your insurance coverage, and most importantly, after you have sold it, the buyer could come back at you and sue for something). Better for you to get your entity sued which holds very little to no assets, than your personal self!

Also, for tax purposes, I have been instructed in my case to flip using a S-Corp, and hold my long term rentals in LLC's.

This is not legal or accounting advice, just thitrd hand info from my experiences.

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


General Contractor · Cedar Creek, Texas


I started my LLC before I bought my first property just to give myself a layer of protection against personal liability. However, make sure you get good advice about how to operate your LLC, you want to make sure that you run it like a company or it can be pierced in a lawsuit.

I like Will am not an attorney so take my advice with a grain of salt.


Real Estate Investor · Houston, Texas


Will & Tamara,

Thanks for the advice! That was my thought process going in, but just wanted some confirmation.

Thanks again!


Real Estate Investor · Atlanta, Georgia


Personally, I think you can make an argument either way, especially if you don't have many personal assets to protect should something go terribly wrong.

That said, I err on the side of others who have responded already, and would recommend taking the plunge to set up the LLC.

My brother will be purchasing his first rehab investment property next month, and my advice to him was to set up the LLC, meet briefly with an accountant and an attorney (just to have people to call in the case it's necessary) and apply for a business credit card and business bank account to ensure that he's segregating his money for better accountant and to support his future tax returns.

J Scott, Lish Properties, LLC
Telephone: 770-906-6358
Website: http://www.123flip.com
http://www.123flip.com


Commercial Real Estate Broker · Illinois


In my opinion, it's never a good business move to put property in your name.


Real Estate Investor · Houston, Texas


Thanks J Scott!

You make an excellent point about business credit and that is something I'm looking into as well. Do you have any suggestions on which business credit card(s) to apply for? I know Advanta was a good one but they went out of business.


Commercial Real Estate Broker · Illinois


You don't want to be personally liable in worse case scenario. Also, as longs as you file your LLC documents properly every year and you make sure you get the proper asset protection you'll be fine. Make sure you look into manager manage and charging order. you thank me if you dont already no about it.


Landlord · Seattle, Washington


The LLC also sets up an operating agreement. This agreement provides more than asset protection it also protects the members. It is also best to consider the many things that can happen ahead of time to limit the amount of grief that can come about when members later disagree with how a specific situation should be handled.

Sounds like you and your father are on very good terms, but business can have a way of putting strains out relationships and it is always good to minimize possible friction.


SFR Investor · Orange County, California


Originally posted by Will Barnard
Also, for tax purposes, I have been instructed in my case to flip using a S-Corp, and hold my long term rentals in LLC's.

What Will said.


Real Estate Investor · Lynnwood, Washington


I just wanted to add my 2 cents in thanking everyone for the good advice. Can anyone make a recommendation for an REI savy person to help set up an inexspensive S-corp in the Seattle area?


Real Estate Investor · Lynnwood, Washington


I just wanted to add my 2 cents in thanking everyone for the good advice. Can anyone make a recommendation for an REI savy person to help set up an inexspensive S-corp in the Seattle area?


Real Estate Investor · Lynnwood, Washington


Originally posted by Dave Eddy
I just wanted to add my 2 cents in thanking everyone for the good advice. Can anyone make a recommendation for an REI savy person to help set up an inexspensive S-corp in the Seattle area?

Mod this extra post was due to a double bounce in submission so please delete this note and the previous note but please leave my original. Regards, Dave :mrgreen:


Real Estate Investor · Atlanta, Georgia


Dave,

Generally you'll want to talk to either/both a CPA and/or attorney to get your first LLC set up. If you don't gave significant personal assets, you can probably skip the attorney at first, as most CPAs will likely know the very basics of asset protection and will obviously know the tax side of things.

A CPA who owns property and/or works with real estate investors is your best choice...

J Scott, Lish Properties, LLC
Telephone: 770-906-6358
Website: http://www.123flip.com
http://www.123flip.com


Real Estate Investor · Atlanta, Select a State


So if you were to buy the house via a conventional mortgage and put it in your name to achieve better financing, would you then deed it over to LLC before you flipped it?


Rehabber · Santa Clarita, California


Originally posted by Dave Eddy
I just wanted to add my 2 cents in thanking everyone for the good advice. Can anyone make a recommendation for an REI savy person to help set up an inexspensive S-corp in the Seattle area?
You can also talk with Nationwide Incorporators. Mike is the owner and can set you up an entity in any state. he has set up numerous entities for me and i like his services. I have no affiliation with this company and receive nothing for mentioning the company.

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


Real Estate Investor · Lawrenceville, Georgia


I started my LLC before I closed on my first deal as well. The reason why I did so was because I knew that it was something that I was going to do sometime or another so I just got it out that way and it made me feel as if I have got a accomplishment out of the way.


Wholesaler · Valley City, Ohio


Hi Mo,
If you are gonna take title, I would have your LLC open. If you are gonna flip the contract, you can wait. Keep in mind that the amount of contribution on your LLC is a direct reflection of the percentage of equity you have in the entity.
Good luck!!! :D

Small_logo_largeRob Gillespie, Rob The House Guy, LLC
E-Mail: rob@robthehouseguy.com
Telephone: 330-800-9043
Website: http://AskTheHouseGuy.com
Rob@RobTheHouseGuy.com 330 800 9043 AskTheHouseGuy.com RobTheHouseGuy.com


Real Estate Attorney · Brandon, Mississippi


NOW! Unless your judgment-proof (a.k.a broke) and plan to stay that way.


Accountant · Hyattsville, Maryland


Originally posted by djotham
So if you were to buy the house via a conventional mortgage and put it in your name to achieve better financing, would you then deed it over to LLC before you flipped it?

Yes, this is one way of getting around the issue of not being able to finance in the name of an LLC. Watch out for the due on sale clause although that rarely happens which says that the lender can demand full repayment of the loan because the deem the transfer a sale.

Ebere Okoye,
Telephone: 18885023767
Website: http://www.wealthbuildingcpa.com
Ebere Okoye, WealthBuildingCPA




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