Non-resident creating LLC

1 Reply

Should a non US resident with US investment properties register an LLC in the US or should it be registered in your own country?
How about if you have properties in a couple different states but most are in one state, should you register an LLC in the state where most of the properties are?

The answer is a little more complicated the the questions you pose. First off, you want to talk to an experienced real estate attorney that specializes in entities as well. I'm not sure what rate foreign entities are taxed at and what legal protections they would offer you in the US. I tend to think that since you are doing business in the US and are subject to US laws that you may want to go with US based entities.

I would also be very careful about putting too many eggs in one basket, so to speak. Depending on the value of the assets, you may want to have each one in its own separate LLC. This generally means that your other properties can't be attached in the event of a lawsuit as long as you follow regulations and laws. Putting everything into one or several exposes all the properties in that same entity. Furthermore, certain states offer more advantages as far as protections are concerned. You can set up an LLC in almost any state to do business in another state but you have to foreign file that entity in the state you are doing business in as well as pay that state's applicable taxes and fees.

Those are just the very basics. I would highly recommend talking to an attorney to help guide through the process. I would also recommend talking to a good real estate CPA who has foreign clients to help guide you with the tax issues you will encounter as well.

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