1st Deal Strategy: Place title in LLC, Trust, or Personal Name?

1st Deal Strategy: Place title in LLC, Trust, or Personal Name?

Investor · Baltimore, MD · Member since 2014 · 2 posts · 0 votes

Hello All, 

I recently inherited a small home that is held in trust. I am the sole beneficiary and the only trustee. I am almost finished renovating the property, and I would like to rent it out soon. My goal is to make this the first of what I hope will be many rental properties in a future portfolio. What is the best strategy with this property moving forward in terms of the title. How should I title the property moving forward given that I intend to pursuit more deals?

I like the protection that a trust provides, but if a make only small amounts of annual rental income the trust may be subject to capital gains taxes. In addition, I've heard banks won't allow me to use the home as collateral on future deals if the home is held it trust. 

What are the advantages to retitling the home in an LLC in terms of income tax, future borrowing capacity, and liability protections over retitling the home in my own name?

I should mention that I have never technically owned a home in my own name. Thus, I may qualify for first time home buyers opportunities. If I title the house in my own name, would I be leaving money on the table so to speak by letting go of these opportunities? My city goes, as far as offering first time homebuyers small closing cost grants and other programs. 

Thank you all for your help in advance. 

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  • Real Estate Agent/Investor · Peoria, AZ · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    @Charles Kammer

    Honestly, these are questions best suited for an attorney. There are attorneys everywhere that will give free consultations so it won't cost you a thing to get professional advice. Since I am not a lawyer or an accountant (you'll need to talk to to one of those as well) my advice should be taken with a few grains of salt.

    In my area, 1st time homebuyers are those who have not purchased a home at all or within in the last 3 years. Inheriting a home seems like it falls outside those parameters so you technically should still be considered a 1st time buyer since you did not purchase anything

    LLC is a pass-through entity so profits from it will be taxed as self-employment income. Having the property in an LLC will help against lawsuits, but nothing is bulletproof. One has to go good lengths to make sure their personal funds are not commingled with LLC funds, and all other efforts to show that the LLC is a stand-alone entity and not a front for your own name.

    I don't know much about trusts so you're going to want to find a good real estate attorney to help out. Best of luck.

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