5/25/12 IMPORTANT ANNOUNCEMENT: MAJOR BP Update Next Week!

Hide this

Jump to Category View All

Click a category below to view different forum categories.

BiggerPockets

General Info

Rss10 BiggerPockets Q&A, Site Questions, & Announcements

1000 topics, 8183 posts — Last Post 05/25/12, 08:15AM

Rss10 BiggerPockets Exclusive PRO Area

12 topics, 81 posts — Last Post 03/23/12, 03:25PM

Rss10 New Member Introductions

4596 topics, 26506 posts — Last Post 05/25/12, 04:49AM

Rss10 BiggerPockets Success Stories

152 topics, 1813 posts — Last Post 05/25/12, 10:22AM

Rss10 BiggerPockets Real Estate Investing Summit

87 topics, 1549 posts — Last Post 05/07/12, 02:13PM

General Real Estate

General Real Estate

Rss10 Buying Real Estate

1318 topics, 10382 posts — Last Post 05/25/12, 10:55AM

Rss10 Selling Real Estate

320 topics, 2544 posts — Last Post 05/08/12, 07:34PM

Rss10 Renters

202 topics, 1617 posts — Last Post 05/25/12, 10:55AM

Rss10 Get Foreclosure Help - Help Stop Foreclosure Forum

221 topics, 1747 posts — Last Post 05/18/12, 08:38PM

Rss10 Home Owner Association (HOA) Issues & Problems Forum

111 topics, 719 posts — Last Post 05/08/12, 06:37AM

Rss10 Do it Yourself

328 topics, 2841 posts — Last Post 05/25/12, 09:10AM

Reviews & Feedback

Rss10 Real Estate Deal Analysis and Advice

1625 topics, 12969 posts — Last Post 05/25/12, 09:43AM

Rss10 Real Estate Guru, Book & Course Reviews and Discussions

700 topics, 7128 posts — Last Post 05/23/12, 02:16PM

Rss10 Ask About A Real Estate Company

330 topics, 4781 posts — Last Post 05/10/12, 10:31PM

Real Estate Investing

Real Estate Strategies

Rss10 Wholesaling

2588 topics, 19945 posts — Last Post 05/25/12, 11:25AM

Rss10 Rehabbing and House Flipping

1621 topics, 14290 posts — Last Post 05/25/12, 10:18AM

Rss10 Real Estate Development

202 topics, 1123 posts — Last Post 05/19/12, 07:40AM

Rss10 Pre-Construction & New Home Construction

90 topics, 600 posts — Last Post 05/05/12, 11:02AM

Rss10 Innovative Strategies

377 topics, 2934 posts — Last Post 05/24/12, 07:34PM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Discussion

477 topics, 2843 posts — Last Post 05/25/12, 09:12AM

Rss10 Rent to Own a.k.a. Lease Purchase, Lease Options

355 topics, 2228 posts — Last Post 05/20/12, 09:55AM

Rss10 1031 Exchanges

62 topics, 342 posts — Last Post 04/29/12, 08:09PM

Foreclosure Investing

Rss10 General Foreclosure & Pre-Foreclosure Forums

1156 topics, 7084 posts — Last Post 05/24/12, 06:30PM

Rss10 HUD, VA, and Tax Sales

215 topics, 1326 posts — Last Post 05/18/12, 12:01PM

Rss10 REOs

948 topics, 7884 posts — Last Post 05/23/12, 05:04PM

Rss10 Short Sales

1254 topics, 10440 posts — Last Post 05/23/12, 01:58PM

Landlord & Tenant Forums

Rss10 Rental Property Questions & Landlording Issues

3183 topics, 28801 posts — Last Post 05/25/12, 09:14AM

Rss10 Land & Farm Investing

117 topics, 732 posts — Last Post 05/06/12, 09:41AM

Rss10 Mobile Homes & Mobile Home Park Investing

416 topics, 3071 posts — Last Post 05/24/12, 05:40PM

Real Estate Dealmaking

Rss10 Make Deals, Find Partners, Mentors & BirdDogs, etc.

3703 topics, 13607 posts — Last Post 05/24/12, 07:29PM

Rss10 Promote Your Real Estate Buyer's List

160 topics, 689 posts — Last Post 05/02/12, 05:54AM

Rss10 Property Wanted

635 topics, 3041 posts — Last Post 05/19/12, 07:44AM

Rss10 Seeking Financing, Money, or Loans

1245 topics, 7437 posts — Last Post 05/21/12, 10:41AM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Dealmaking

277 topics, 1909 posts — Last Post 05/23/12, 06:40PM

Rss10 Bulk REO Discussion and REO Dealmaking

843 topics, 5906 posts — Last Post 02/02/12, 04:20PM

Investor Basics

Rss10 Starting Out

4197 topics, 30898 posts — Last Post 05/24/12, 03:17PM

Rss10 Investor Psychology

298 topics, 4486 posts — Last Post 05/04/12, 09:01PM

Rss10 General Real Estate Investing

3144 topics, 21838 posts — Last Post 05/25/12, 09:53AM

Rss10 Real Estate Investor Marketing

910 topics, 7482 posts — Last Post 05/25/12, 10:26AM

Commercial Real Estate

Rss10 Commercial Real Estate Investing Forum

743 topics, 3995 posts — Last Post 05/23/12, 08:46AM

Rss10 Multi-Family and Apartment Investing

219 topics, 2013 posts — Last Post 05/25/12, 11:11AM

Rss10 Office Investing

3 topics, 36 posts — Last Post 11/15/11, 02:42PM

Rss10 Industrial Property Investing

4 topics, 14 posts — Last Post 05/04/12, 06:44AM

Rss10 Retail Property Investing

10 topics, 77 posts — Last Post 05/25/12, 10:15AM

Rss10 CRE Financing and Lending

26 topics, 247 posts — Last Post 05/23/12, 05:27AM

Rss10 CRE Syndication and Fundraising

26 topics, 236 posts — Last Post 05/20/12, 04:52PM

Rss10 CRE Property Management & Leasing

2 topics, 12 posts — Last Post 05/18/12, 12:34PM

The Business of Real Estate

Real Estate Technology and the Internet

Rss10 Technology, Social Media, Real Estate & The Web

269 topics, 2277 posts — Last Post 05/25/12, 07:40AM

Rss10 Real Estate Blogs & Blogging

24 topics, 293 posts — Last Post 05/16/12, 09:29PM

Business Basics

Rss10 Goals, Business Plans & Entities

428 topics, 4273 posts — Last Post 05/24/12, 09:08PM

Real Estate Finance & Legal

Financial, Tax, and Legal

Rss10 Tax, Legal Issues, Contracts, Self-Directed IRA

1349 topics, 9465 posts — Last Post 05/24/12, 07:35AM

Rss10 Credit & Credit Repair

182 topics, 1484 posts — Last Post 05/22/12, 06:06PM

Rss10 Property Insurance

135 topics, 846 posts — Last Post 05/25/12, 10:16AM

Rss10 Bankruptcy

21 topics, 113 posts — Last Post 05/21/12, 08:25PM

Loans, Mortgages, Credit Lines

Rss10 Private & Conventional Lending Discussion

1346 topics, 8081 posts — Last Post 05/25/12, 10:56AM

Rss10 Creative Real Estate Financing

659 topics, 4285 posts — Last Post 05/24/12, 10:58AM

Real Estate Professionals

Real Estate Professionals

Rss10 Real Estate Agents

639 topics, 3562 posts — Last Post 05/24/12, 07:47PM

Rss10 Bankers, Lenders, and Mortgage Brokers

355 topics, 1268 posts — Last Post 05/04/12, 01:18AM

Rss10 Contractors

121 topics, 666 posts — Last Post 05/08/12, 03:20PM

Local Real Estate

International Real Estate

Local Real Estate

Rss10 Local Real Estate Networking

612 topics, 3434 posts — Last Post 05/24/12, 02:08PM

Rss10 Americans & International Real Estate

139 topics, 505 posts — Last Post 05/20/12, 02:00PM

Rss10 Foreigners Buying in the USA

56 topics, 288 posts — Last Post 05/02/12, 07:54PM

Rss10 Canadian Real Estate

26 topics, 130 posts — Last Post 03/19/12, 05:58PM

Marketplace

Real Estate Marketplace

Rss10 Mortgages & Lending

392 topics, 1757 posts — Last Post 05/20/12, 03:10AM

Rss10 Residential Property, Land, & Farms For Sale

760 topics, 1463 posts — Last Post 05/24/12, 06:58PM

Rss10 Real Estate Events & Happenings

118 topics, 505 posts — Last Post 05/07/12, 10:07PM

Rss10 Commercial Properties for Sale or Lease

224 topics, 671 posts — Last Post 05/25/12, 08:42AM

Rss10 Domains & Website Reviews

48 topics, 391 posts — Last Post 05/25/12, 07:07AM

Rss10 Classifieds - Promote your Website, Newsletter, or Product

595 topics, 2801 posts — Last Post 05/23/12, 06:42PM

Off-Topic

Off Topic

Rss10 Off-Topic

1866 topics, 19997 posts — Last Post 05/25/12, 08:12AM

Rss10 Housing News & Real Estate Market

666 topics, 6615 posts — Last Post 05/09/12, 03:11PM

BiggerPockets Resources

Forums » Real Estate Agents » What are the risks using personal name for flip instead of business name?

What are the risks using personal name for flip instead of business name? Subscribe to What are the risks using personal name for flip instead of business name?

10 posts by 10 users

Signup


We bought a property using our personal names on title. I wonder are we taking too much risk?

Due to we encountered a lot of issues, I starting to think of how to protect ourselves.


Real Estate Consultant · St Louis, Missouri


Yes. Definitely try to buy in an entity name, like an LLC.
If you have to buy under a personal name for lender's request and guarantee, you should transfer the property to your business entity soon after closing.


Real Estate Investor · Phoenix, Arizona


You can switch title to LLC after closing, but before you re-sell the property the title has to be switched back to your name. If you are only holding the property for 4-6 months, seems like a lot of extra work. If you have an adequate insurance policy, is an LLC really necessary for flips?


Wholesaler · Valley City, Ohio


Chelsy,

I would not do it for a number of reasons, but Be careful not to get too complicated, it sucks for your tax returns.

Just open an LLC and use your attorney as your agent of record. this will hide you from just about everyone and protect against law suits.

When someone is going to sue you for lead paint, a car wreck, etc.... The first thing an attorney is going to do is look you up on public records to see what you own. If you own a bunch, the attorney will do it on contingency, if you look broke, most likely that plaintiff will need to give up a retainer. This may stop further action.

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 Investor · Indianapolis, Indiana


I agree with Rob, you must protect you assets! In this sue-happy society it's mandatory.
I'm a Rich Dad/Poor Dad believer & they discuss in detail how to set this up to maximize your protection in a couple of the Rich Dad ed books. Even if you don't like Rich Dad, you should definitely at the least setup a LLC to buy/sell your properties through.


Real Estate Investor · New York


I use a s-corp to do my flipping from. The reason I will never by in my own name here is because the city likes to go after owners of properties with code violations. If you own in your name they may issue a warrent for your arrest if you dont fix violations and may go after you financialy as well. If your incorporated you have much greater protection and they might not bother you as much. First 2 houses I owned in my own name but now I have a llc for my hold rentals and s-corp for flips. I would not stress about it on the first deal. If you flip it and do well and want to do another then I would Incorporate.



Not to put too fine a point on it, the big benefit of using an LLC (taxed as a partnership) for rentals, and an s-corp (or LLC taxed as a corp) for flips is for tax considerations.

A flipper is subject to designated "dealer status", which means he is not afforded the opportunity for an IRC 1031 exchange, regardless of how long he owned the property. The capital gain tax must be paid at the time of sale, even when selling on an installment (seller financing).

Eventually, rental property will be sold and you want to take advantage of the IRC 1031 exchange, so you own that property in an LLC. You can also take advantage of an installment sale (seller financing) to defer capital gain tax.

Thus, put your rental activity in an LLC (taxed as a partnership), and put your flip activity in an s-corp or LLC taxed as a corp. This will avoid contaminating all of your businesses with "dealer status".

Dealer status may also apply to operating as a sole proprietorship (buying/selling in your personal name), so be careful and get expert tax advice.

I am not a lawyer or accountant, so ignore everything I just said and get your own professional advisor.


Rehabber · Chandler, Arizona


We bought a property using our personal names on title. I wonder are we taking too much risk?

Due to we encountered a lot of issues, I starting to think of how to protect ourselves.

A lot of flippers in AZ use their own name because they can pull permits without a GC that way. It may not be the right thing to do but a lot of people do it.

Small_wh_logo_full_1600_350_black_cJustin S., Wheelhouse Properties
E-Mail: wheelhouseproperties@gmail.com
Telephone: 4806780446
Website: http://www.wheelhouseproperties.com
Realtor, Re-modeler, Cash Buyer


SFR Investor · Riverside, California


You have owned this property for a while now, I would not record any title changes, specially if your end buyer would be using FHA to finance the purchase. I would just get good liability insurance at this point and get this property sold, decide how you will take title on your next purchase. How to take title would really depend on what you feel most comfortable with, you really can only minimize your liability exposure. Using a combination of a title holding trust and a corp. can give you many options.

There are many other reasons why you are better off not taking title on your own name, taxes, death would be another, taking title under an entity would avoid probate and other issues depending on your state.


Wholesaler · Corona, California


The answer to a question like this should always be 'depends.'

What is your tolerance for risk? What type of insurance do you have? What are your intentions with the property. From my experience, those most concerned with asset protection are the people with the least amount of assets. A local investor has hundreds of houses and apartment bldgs in his own name. I have another investor friend who owns unbelievable amounts of real estate from the ground underneath international franchises at major intersections to mobile home parks with hundreds of units.

I also know investors with 1 house and more corps, LLCs, and trusts than an attorney would know what to do with! As Silvio stated above, if you intend to sell the property soon, your pole is already in the water, why stop fishing now? If you are holding the property long term, a simple title holding trust and good insurance are quite acceptable. If the property has considerable equity, you may consider an LLC.




Sign up