Registration is now open for our Wholesaling and Fix & Flip Bootcamps. Register Now!

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

964 topics, 7692 posts — Last Post 02/09/12, 05:05AM

Rss10 BiggerPockets Exclusive PRO Area

10 topics, 73 posts — Last Post 02/06/12, 09:15PM

Rss10 New Member Introductions

4489 topics, 25657 posts — Last Post 02/09/12, 09:09PM

Rss10 BiggerPockets Success Stories

142 topics, 1632 posts — Last Post 01/28/12, 09:34AM

Rss10 BiggerPockets Real Estate Investing Summit

16 topics, 550 posts — Last Post 02/10/12, 07:32AM

General Real Estate

General Real Estate

Rss10 Buying Real Estate

1193 topics, 9001 posts — Last Post 02/10/12, 06:29AM

Rss10 Selling Real Estate

303 topics, 2363 posts — Last Post 02/10/12, 07:14AM

Rss10 Renters

189 topics, 1529 posts — Last Post 12/28/11, 05:55AM

Rss10 Get Foreclosure Help - Help Stop Foreclosure Forum

218 topics, 1728 posts — Last Post 02/02/12, 10:07PM

Rss10 Home Owner Association (HOA) Issues & Problems Forum

105 topics, 662 posts — Last Post 02/09/12, 09:42AM

Rss10 Do it Yourself

312 topics, 2699 posts — Last Post 02/09/12, 07:25PM

Reviews & Feedback

Rss10 Real Estate Deal Analysis and Advice

1554 topics, 12272 posts — Last Post 02/10/12, 07:36AM

Rss10 Real Estate Guru, Book & Course Reviews and Discussions

676 topics, 6754 posts — Last Post 02/09/12, 12:26PM

Rss10 Ask About A Real Estate Company

309 topics, 4632 posts — Last Post 02/09/12, 01:11PM

Real Estate Investing

Real Estate Strategies

Rss10 Wholesaling

2406 topics, 18090 posts — Last Post 02/10/12, 04:05AM

Rss10 Rehabbing and House Flipping

1478 topics, 12679 posts — Last Post 02/09/12, 11:27AM

Rss10 Real Estate Development

190 topics, 1024 posts — Last Post 02/10/12, 05:42AM

Rss10 Pre-Construction & New Home Construction

85 topics, 530 posts — Last Post 01/10/12, 07:04PM

Rss10 Innovative Strategies

327 topics, 2299 posts — Last Post 02/10/12, 05:12AM

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

435 topics, 2411 posts — Last Post 02/10/12, 02:29AM

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

341 topics, 2086 posts — Last Post 02/07/12, 07:38PM

Rss10 1031 Exchanges

58 topics, 316 posts — Last Post 12/17/11, 05:10PM

Foreclosure Investing

Rss10 General Foreclosure & Pre-Foreclosure Forums

1096 topics, 6534 posts — Last Post 02/10/12, 04:03AM

Rss10 HUD, VA, and Tax Sales

196 topics, 1218 posts — Last Post 01/14/12, 08:00PM

Rss10 REOs

921 topics, 7645 posts — Last Post 02/10/12, 04:13AM

Rss10 Short Sales

1220 topics, 10050 posts — Last Post 02/09/12, 06:26PM

Landlord & Tenant Forums

Rss10 Rental Property Questions & Landlording Issues

2940 topics, 26272 posts — Last Post 02/10/12, 07:20AM

Rss10 Land & Farm Investing

116 topics, 728 posts — Last Post 01/29/12, 06:46PM

Rss10 Mobile Homes & Mobile Home Park Investing

391 topics, 2864 posts — Last Post 02/10/12, 02:32AM

Real Estate Dealmaking

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

3647 topics, 13399 posts — Last Post 02/07/12, 11:51PM

Rss10 Promote Your Real Estate Buyer's List

152 topics, 669 posts — Last Post 01/23/12, 12:35PM

Rss10 Property Wanted

626 topics, 3019 posts — Last Post 01/19/12, 02:47PM

Rss10 Seeking Financing, Money, or Loans

1218 topics, 7344 posts — Last Post 02/03/12, 11:21PM

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

273 topics, 1990 posts — Last Post 02/10/12, 02:30AM

Rss10 Bulk REO Discussion and REO Dealmaking

845 topics, 5917 posts — Last Post 02/02/12, 04:20PM

Investor Basics

Rss10 Starting Out

4060 topics, 29629 posts — Last Post 02/10/12, 05:57AM

Rss10 Investor Psychology

289 topics, 4281 posts — Last Post 01/26/12, 07:52PM

Rss10 General Real Estate Investing

3057 topics, 20771 posts — Last Post 02/09/12, 06:04PM

Rss10 Real Estate Investor Marketing

867 topics, 7045 posts — Last Post 02/08/12, 08:36AM

Commercial Real Estate

Rss10 Commercial Real Estate Investing Forum

716 topics, 3835 posts — Last Post 02/09/12, 08:03PM

Rss10 Multi-Family and Apartment Investing

141 topics, 1347 posts — Last Post 02/07/12, 05:47AM

Rss10 Office Investing

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

Rss10 Industrial Property Investing

3 topics, 12 posts — Last Post 07/05/11, 10:41AM

Rss10 Retail Property Investing

5 topics, 40 posts — Last Post 11/11/11, 12:26PM

Rss10 CRE Financing and Lending

17 topics, 188 posts — Last Post 01/26/12, 05:55PM

Rss10 CRE Syndication and Fundraising

25 topics, 206 posts — Last Post 02/10/12, 07:05AM

Rss10 CRE Property Management & Leasing

2 topics, 11 posts — Last Post 12/11/11, 05:05PM

The Business of Real Estate

Real Estate Technology and the Internet

Rss10 Technology, Social Media, Real Estate & The Web

244 topics, 2014 posts — Last Post 02/10/12, 07:22AM

Rss10 Real Estate Blogs & Blogging

22 topics, 277 posts — Last Post 02/10/12, 06:40AM

Business Basics

Rss10 Goals, Business Plans & Entities

400 topics, 3910 posts — Last Post 02/10/12, 06:05AM

Real Estate Finance & Legal

Financial, Tax, and Legal

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

1208 topics, 8231 posts — Last Post 02/10/12, 07:34AM

Rss10 Credit & Credit Repair

177 topics, 1444 posts — Last Post 01/25/12, 06:56AM

Rss10 Property Insurance

117 topics, 750 posts — Last Post 02/02/12, 10:55AM

Rss10 Bankruptcy

21 topics, 110 posts — Last Post 12/09/11, 10:01AM

Loans, Mortgages, Credit Lines

Rss10 Private & Conventional Lending Discussion

1241 topics, 7139 posts — Last Post 02/10/12, 06:47AM

Rss10 Creative Real Estate Financing

623 topics, 3989 posts — Last Post 01/30/12, 05:35PM

Real Estate Professionals

Real Estate Professionals

Rss10 Real Estate Agents

611 topics, 3290 posts — Last Post 02/09/12, 06:32PM

Rss10 Bankers, Lenders, and Mortgage Brokers

351 topics, 1252 posts — Last Post 02/03/12, 06:47AM

Rss10 Contractors

117 topics, 626 posts — Last Post 02/08/12, 10:17AM

Local Real Estate

International Real Estate

Local Real Estate

Rss10 Local Real Estate Networking

573 topics, 3013 posts — Last Post 02/07/12, 04:58PM

Rss10 Americans & International Real Estate

138 topics, 499 posts — Last Post 12/24/11, 07:44AM

Rss10 Foreigners Buying in the USA

54 topics, 281 posts — Last Post 01/18/12, 09:33PM

Rss10 Canadian Real Estate

25 topics, 117 posts — Last Post 02/06/12, 05:17PM

Marketplace

Real Estate Marketplace

Rss10 Mortgages & Lending

388 topics, 1730 posts — Last Post 01/23/12, 02:23PM

Rss10 Residential Property, Land, & Farms For Sale

756 topics, 1414 posts — Last Post 12/26/11, 01:22PM

Rss10 Real Estate Events & Happenings

113 topics, 453 posts — Last Post 01/11/12, 05:36PM

Rss10 Commercial Properties for Sale or Lease

223 topics, 667 posts — Last Post 01/17/12, 01:04PM

Rss10 Domains & Website Reviews

44 topics, 334 posts — Last Post 11/15/11, 09:55AM

Rss10 Classifieds - Promote your Website, Newsletter, or Product

582 topics, 2643 posts — Last Post 02/07/12, 05:34PM

Off-Topic

Off Topic

Rss10 Off-Topic

1769 topics, 18847 posts — Last Post 02/10/12, 07:25AM

Rss10 Housing News & Real Estate Market

647 topics, 6308 posts — Last Post 02/09/12, 08:59AM

BiggerPockets Resources

Forming LLC Online Subscribe to Forming LLC Online

9 posts by 5 users

Signup


Anyone have a recommondation for a good place to form a LLC online? I have been looking at mynewcompany.com They seem to be reasonably priced.


· Loveland, CO


I think before forming an LLC it's important to understand WHY you're forming one, what are the repercussions, tax wise, insurance wise and otherwise of it being done correctly/incorrectly and then seeking COMPETENT legal advice, which is familiar with OH tax and RE law.

REI had a recent post on here about people who confuse the " appearance" of being an investor, over-concern with business cards, business name, entities etc, with the actual doing of business.

all cash



I am forming a LLC because I am starting to do a lot of business and this will primarily be my business for rehabbing and wholesaling. My rentals will either be under separate LLCs or under some sort of liability insurance program.
I am also looking to start advertising and yes print business cards. I do not see anything but good to form a LLC now, its defintely not going to hurt anything.

Any recommondations for where to form my LLC?



Originally posted by "japutt"
I am forming a LLC because I am starting to do a lot of business and this will primarily be my business for rehabbing and wholesaling.

What risk are you trying to mitigate in your wholesaling and rehabbing business? Are you afraid someone will sue you because of a poor repair job and will be able to access the other properties you are rehabbing at the time? LLCs are a tool for asset protection and, at least in the case of rental holdings, a tax position tool (eg, if your state considers more than x rentals per entity as a different tax position). I think that's where all cash is coming from: what's the reason for the LLC?



Originally posted by "japutt"
I am forming a LLC because I am starting to do a lot of business and this will primarily be my business for rehabbing and wholesaling. My rentals will either be under separate LLCs or under some sort of liability insurance program.
I am also looking to start advertising and yes print business cards. I do not see anything but good to form a LLC now, its definitely not going to hurt anything.

Any recommendations for where to form my LLC?

For businesses that have short term income an LLC can be the weaker choice compared to a C corp. More so if you are going to have employees. You can do more with the employee benefits and pension aspects compared to what an LLC allows.

LLCs are better optimized for holding assets that appreciate.

Note also what some states allow for an LLC will vary. In one state the LLC is very close to a corporation in terms of employee benefits that are possible.

I do not recommend online systems for setting up the entities. All you will get is the forms being filled in. What you really should be buying is an advisor who is up on the current rules and regulations.

Depending on the state there can be a high annual charges to maintain the entity. If you set up the entity in NV or DE other states will force you to register as a foreign entity. The fee in CA for a foreign entity is the same as the fee for a CA LLC. No savings and they make you disclose some other details.

Subtle differences. Either become a bit of an expert (you can do it if you have the time) or let a paid professional do it for you.

John Corey



For one I want to be known as a company and not just an investor or wholesaler, but also for tax and income reasons use the LLC as a pass through. Another reason I want to start now is because it takes time to start establishing business credit and qualify for business loans.

Yes the LLC will give me some sort of protection as I am doing rehabs but plan on buying insurance as well in case something does go wrong that I am sued.

So at this point I think my reasons are to keep my business and personal separate, use the LLC as a pass through, liability protection, and also to be known as a company for professional reasons.



Originally posted by "japutt"
For one I want to be known as a company and not just an investor or wholesaler

You can do a DBA (doing business as) for a matter of dollars in OH, last time I checked.

Originally posted by "japutt"
but also for tax and income reasons use the LLC as a pass through

I don't believe you will get any additional tax benefits from having a single-person LLC.

Originally posted by "japutt"
Another reason I want to start now is because it takes time to start establishing business credit and qualify for business loans.

Yes, this is a good reason. However, even after 2 years, you may find it eaiser/cheaper to guarantee the loan anyway.

Originally posted by "japutt"
Yes the LLC will give me some sort of protection as I am doing rehabs but plan on buying insurance as well in case something does go wrong that I am sued.

Absolutely. My question was aimed at trying to figure out what additional protection you think the LLC would provide you in your situation.

I'm just saying I think you can accomplish everything you want with a DBA and many fewer dollars.



Originally posted by "japutt"
For one I want to be known as a company and not just an investor or wholesaler, but also for tax and income reasons use the LLC as a pass through.

If you wanted to really get it right you would use two different companies.

An LLC for the buy and hold property.

A corporation for the short term income activities (buy, fix sell; property management, flips and wholesale deals).

A corporation's tax rate is not that high compared to an individual when you are talking about normal short term income. In many cases the corporation rate is lower for a large amount of income. Better yet is the idea that the corporation can claim expenses that are not allowed on a pass through LLC. Medical, dental, vision care, auto, company contribution pension payments, etc. Hence by using an LLC for short term income (just about everything you have mentioned) you will be paying a higher tax rate and have a less efficient structure.

A tax attorney or really good CPA who is used to structuring a business can walk you through the details. An online system to fill out some forms will completely leave you in the dark so you will not know what you are missing out on.

You sound like you are thinking long term when it comes to building credit, professional identity as a business. Consider buying in good advice. A cost of doing business.

If you are doing a decent amount of business producing short term taxable income the right structure will save you more in taxes than you spend to get it organized.

John Corey


BiggerPockets Founder · Denver, Colorado


All advice you've read has been great! If you're comfortable going ahead with an LLC, then I'd think about using LegalZoom. I've used them for a few things and have been very happy. You can get more info at:
http://www.biggerpockets.com/legal-services.html

Small_bplogo20aJoshua Dorkin, BiggerPockets, Inc.
E-Mail: webmaster@biggerpockets.com
Telephone: 877-831-4704
Website: http://www.biggerpockets.com
Be sure to check out the BiggerPockets Blog at http://www.BiggerPockets.com/renewsblog/


Sign up