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Buying & Selling Real Estate

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Pat Jackson
Pro Member
  • Rental Property Investor
  • Reno, NV
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283
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Active and passive income in one Series LLC?

Pat Jackson
Pro Member
  • Rental Property Investor
  • Reno, NV
Posted Apr 9 2018, 21:02

I've set up (well a lawyer) a series LLC to hold buy and holds. It wasn't cheap, but I believe it was money well spent. I understand the tax merits of holding buy and holds in their own child LLCs, with their own EIN. Taxes are a lot lower.

If one was to have passive (buy and holds) and active (flips and wholesaling) in the same child LLC with the same EIN, you could be taxed at a higher rate for all. No good.

My question is, what risks does one run from having one Series LLC, but keeping your active and passive income streams in separate child LLCs with different EINs?

My lawyer is advising against doing so, mainly for tax purposes.  I've reached out to my accountant for comment, however April 15 being 6 days away, I don't expect to hear from him super soon.

So thoughts?

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