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Updated about 7 years ago on . Most recent reply

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Brandon Wesley
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Rental Property: Multi-member LLC vs Tenants-in-Common

Brandon Wesley
Posted

Hi,


I'm new to the forum; it's a pleasure to be part of the group. I'm considering purchasing a rental property with a family member and would like to hear your thoughts on forming a multi-member LLC holding the property vs two single-member LLCs holding the title as tenants in common (TIC). Details:

  • Cash purchase and cash rehab of house - no loans
  • Lot contains a house and garage. Plan is to subdivide lot, sell a portion of the raw land, and rehab the existing house for a rental that we will hold long term before sale. 
  • I live in MD, partner to be is an NC resident.

Questions:

  • My accountant suggested a multi-member LLC, but wouldn't holding the title as 2 single-member LLCs eliminate Maryland tax filing fees as well as the NC partner being hit with both MD and NC tax on out of state LLC partner's earnings?
  • Would either of these options simplify an eventual 1031-exchange?
  • Ideally, I'd like the option for us to disproportionately distribute expenses and associated deprecation or tax deductions. For example, I fund payment for roof replacement and therefore can deduct the depreciation from my taxes as opposed to splitting it 50% with partner. Is this easier to achieve under the multi-member LLC or TIC single-member LLCs structure?
  • Any other recommendations?

Thank you in advance for your feedback.

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