Cash Purchase, LLC insurance and exposure

2 Replies

Evening Ya'all, thanks for the input!

I'm purchasing and developing a piece of land with residence outside of Portland (in WA)

-Cash purchase

-Current LLC. in CA

-2018 capital gains offset needed

We're (Wife and I) purchasing a SFD, remodeling and living there if we enjoy the area; flipping it if we don't enjoy the climate.

Per the 2018 capital gains sold to purchase the property, we need write offs, being a cash purchase we don't have the mortgage interest write offs that would help, (granted we're saving that interest over the 30 cost of the loan which is fortunate so we can't complain). (and yet we do!) 

A LLC seems like the logical venue to achieve an offset to this year's taxes via MACRS along with adding to the basis with this year's improvements to the home, property taxes, etc. and luckily we already have one in good standing.

My current hurdle (and I'm imagining this to become more prevalent with the federal limit on property tax write offs) is that our exposure with the LLC. having a free and clear asset is large and homeowners insurance is denying us when I ask for a LLC. Endorsement.

My questions are: 

1: With a home in a single member LLC. may I insure the property under my name or does it need the LLC endorsement? (Assuming the event of a payout. IE: payout to XYZ LLC. I take that check to my bank and they cash it as I am the member?.....Conversely AAA says Joe Smith, who's that? The deed says XYZ LLC. "No check issued".)

2: Would it behoove me to achieve my write offs this year (the year I need them) and quitclaim the deed from my LLC. to myself, converting it into a primary residence down the road (adjusting my basis with the improvements and repairs) and only allowing potential litigation to attack my free and clear title for this short period of renovations vs. the life of our occupancy at the property?

Thanks for your time, excuse my ignorance on the matter or for not sleuthing the knowledge from another post. I know, I know, consult a CPA, lawyer, and/or there is no reliance, implied or consensual on any of your input.  I'm merely seeking your input and hopefully raising questions of underinsurance and exposure to litigation which may help you in examining your endeavors as well.  Wishing you all the best and bigger pockets for ALL!

@Sean Krumhauer the insurance policy should be in the name that is on the deed, Primarily for Liability purposes.  

In case of a claim payout, as the owner of the LLC, there should not be any issues.

As Jason said, the owner will be the insured but I believe you can have you and your wife named in the policy as well - additional insureds or interests.

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