Transfer to LLC for Estate Planning/College Financial Aid

Transfer to LLC for Estate Planning/College Financial Aid

Wholesaler · Winston, OR · Member since 2014 · 5 posts · 0 votes

Hello,

I've read alot the dos/don'ts of transferring property to an LLC. Most reasons center around liability. I've been running a property management business for nearly 20 years. All monies flow through the business bank accounts BUT the properties have never themselves been an LLC. I don't make alot. I have no 401K plans or, for that matter, any other retirement plans. My rentals ARE my retirement plan. I work at them full time. However, as my children have grown older and we are faced with college expenses for possibly the next 12 years (six children), I've learned that according to financial aid regs, 5% of my personal assets AND (of course) a portion of our gross income... count towards our "family contribution." I have no problem contributing everything we can. However, based upon the value of the rentals and the fact that we would have to contribute 5% per year for the next 12 years or so...would force us to HAVE to sell properties to come up with the 5% of the assets we need to contribute AND it would also reduce my income becasue we would slowly lose the assets from which the income is derived...so a double whammy. The exception to this is if the rentals themselves are actually IN A BUSINESS NAME (the small business exclusion). So, since the reaons are different, is there any way to accomplish this? (We can't afford to pay them off in case of a due on sale.) Or, would it be allowed for "estate planning" purposes? Some are through Bank of America, one through Citifinancial, and others through Northstart Mortgage.

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  • Investor · Leominster, MA · Member since 2011 · 1k+ posts · 589 votes
    11y

    Its my understanding that the income property would have to be used as part of the business (the LLC) not just be there to shield it from your personal assets. The example I have seen is a business where you provide services such as cleaning, linen service, etc. maybe in a rooming house. That would be a business asset. Providing heat, hot water, management, etc. does not qualify. You would have to claim the assets. You would be best off talking to a financial advisor. The govt. is smarter than you and I (ok debateable). If it were that simple it likely wouldn't be a question.

  • Investor · Rosebud, AR · Member since 2014 · 133 posts · 49 votes
    11y

    I decided to keep and live in one of our rentals during a rehab to flip. The banks really had me jumping through hoops.  Buying something I owned in the llc. My business partner decided to keep one we had under contract for his family. we made a change before closing. I had to sign off and release my interest and the llc offer.  I would talk to my tax professional and real estate attorney. Usually consultations are free if you are a client.

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