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Tax, SDIRAs & Cost Segregation

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Tim Hawkins
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New LLC and EIN vs TIN questions... literally no idea!!!

Tim Hawkins
Posted Jan 5 2024, 09:44

Hello, 

I'm not sure if I've bitten off more than I needed to, but the more answers I get the more questions arise... My situation is this: My wife and I own a single rental property (at this point). All of the associated loans and banking for the property are under our personnel names as of now. I readily admit I am under-educated on the minutia of LLC'ing and recently created an LLC with the state of MT at the end of December. My intent is to keep the financial/legal business side of the rental separate from our personnel. I alone am the registered agent for the LLC and my wife's name is not on any of the state LLC forms. My bank says I need to speak to my accountant, who then says I need to speak with legal for some of my questions. I have reached out to an attorney (no call back yet) for my real estate questions and estate planning moving forward.

But for the collective brain trust here, these are my questions:

1. With my name being the only one on the LLC paperwork but all the loan and banking being in both our names, should my wife be listed as a registered agent as well?

2. If so, regarding the IRS, would that then make the LLC more than a single member LLC, and would we still be able to be considered a disregarded entity?

3. Since there are no "employees" in the LLC, my understanding is that no EIN in needed, only a TIN, which would be my/our SS#'s. Is this correct?

4. I am looking at opening up a business account in the LLC's name, the bank says I need an EIN, but the IRS says I only need a TIN (my SS#) since there are no employees.

5. Lastly, if the loans are in our personal names but everything else is done/moved under the LLC name, do I need to look at refinancing the property under/into the LLC, or is it still beneficial to have the LLC with the loans under our personal names?

6. Have I unnecessarily over-complicated things for a single rental by LLC'ing?

I hope this all makes sense. Thank you to anyone willing to take the time and be brave enough to answer my rambling under-educated questions.

Tim

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