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?
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!!!
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!!!
@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 ;)