Business Trust or Asset Protection Trust for holding Rentals

Business Trust or Asset Protection Trust for holding Rentals

Member since 2019 · 120 posts · 26 votes

Hello everyone, has anyone used a business trust to hold rentals instead of an LLC because California charges a yearly FTB fee of $800 whether or not your LLC was formed in California? Or maybe a Tennessee Asset Protection Trust? I have talked to a couple of lenders and they have told me that if I transfer the property into an irrevocable trust, it would trigger a due on sale clause.

Have any of you encountered this and how did you avoid the due on sale clause? 

Also, how did you get a mortgage when buying a rental in a business trust or asset protection trust? 

Does transferring your real estate in an asset protection trust trigger property tax reassessment?

Is it harder/more expensive to get insurance in a business trust or asset protection trust? 

Thanks! 

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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
3y
Quote from @Diane Tycangco:

Hello everyone, has anyone used a business trust to hold rentals instead of an LLC because California charges a yearly FTB fee of $800 whether or not your LLC was formed in California? Or maybe a Tennessee Asset Protection Trust? I have talked to a couple of lenders and they have told me that if I transfer the property into an irrevocable trust, it would trigger a due on sale clause.

Have any of you encountered this and how did you avoid the due on sale clause? 

Also, how did you get a mortgage when buying a rental in a business trust or asset protection trust? 

Does transferring your real estate in an asset protection trust trigger property tax reassessment?

Is it harder/more expensive to get insurance in a business trust or asset protection trust? 

Thanks! 


 Just keep it in your name and get an insurance policy!!!

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y
    Quote from @Diane Tycangco:

    Hello everyone, has anyone used a business trust to hold rentals instead of an LLC because California charges a yearly FTB fee of $800 whether or not your LLC was formed in California? Or maybe a Tennessee Asset Protection Trust? I have talked to a couple of lenders and they have told me that if I transfer the property into an irrevocable trust, it would trigger a due on sale clause.

    Have any of you encountered this and how did you avoid the due on sale clause? 

    Also, how did you get a mortgage when buying a rental in a business trust or asset protection trust? 

    Does transferring your real estate in an asset protection trust trigger property tax reassessment?

    Is it harder/more expensive to get insurance in a business trust or asset protection trust? 

    Thanks! 


     Just keep it in your name and get an insurance policy!!!

    7e investments53 Reviews
  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    3y

    Following on @Chris Seveney's comment, unless you are an Emirate sheikh, why would you want to do this?    

  • Member since 2019 · 120 posts · 26 votes
    3y

    Supposedly for asset protection purposes. 

  • Investor · Odessa, FL · Member since 2021 · 52 posts · 29 votes
    3y

    @Diane Tycangco I'm not familiar with the two types of trusts you mention. We have our rental property in a land trust, and it has not been a problem getting insurance for the property. Our LLC is the beneficiary of the land trust, so we do also use the WY LLC to ultimately hold our property. The land trust is revocable, unlike the Asset Protection Trust mentioned. (I don't know that I would stuff property into a APT unless you're extremely confident about it ;)

  • Accountant · Franklin, TN · Member since 2023 · 204 posts · 91 votes
    3y

    Very good questions Diane - this podcast episode has very relevant content - Legal Insights

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