Holding company asset protection and S-Corp election

Holding company asset protection and S-Corp election

Investor · Charlotte, NC · Member since 2019 · 10 posts · 7 votes

Good day all! My partner and I have just started actively looking into real estate. We've created our LLC's (one face operating company and one holding company) to put ourselves out there. Our face company will operate out of NC and our holding company was created and filed in WY.

From a tax perspective I believe we structured everything correctly. But we are concerned that we may not be shielded or protected correctly from a legal standpoint.

My partner created the WY company first with the two of us as members. Then we created the NC LLC with the WY LLC as the member. I thought we should have been members of the NC LLC so now we are questioning whether we structured this correctly. Honestly we have been talking about this and researching for months. Have spoken to lawyers, accountants and no one will give a clear answer on how to do it. We finally took action. If our goal was personal liability protection with the current structure did we accomplish it? The cash will be at the WY LLC (NC will not own anything) but we are the members of the WY LLC. Doesn't that create liability there?

Also, in what case would it be wise to file as an S-Corp? It will only be us 2 under our company. Should the S-Corp election be made at the WY LLC level?

Thank you in advance!

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  • Cameron TopePro Member
    Property Manager · Katy, TX · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    It's great you took action but how many properties do you currently own? I see too many investors with the best business structure, nicest website and business cards but have never talked to a seller. I'm not saying you did wrong by forming the entity structure but make sure you're focusing on the things that are going to create revenue and value. 

    I would chat with @Ethan G. as he's the only attorney I trust. 

    Best of luck!

  • Investor · Charlotte, NC · Member since 2019 · 10 posts · 7 votes
    6y

    Hi Cameron, as mentioned we are just starting out. These companies are just to create a shield for personal liability, order business cards, put our company on mailings etc. These companies will not hold any properties. A new LLC will be created for each one or two properties we acquire (depending on the exposure). We attend so many meet ups and keep telling people we don't have a business card/business yet. Now it's time to execute...just want to make sure we didn't structure this incorrectly to backfire later or have to undo tax filings down the road.

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