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Tax, SDIRAs & Cost Segregation

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Todd Magin
  • Rental Property Investor
  • Potomac, MD
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Out of State Series LLC, Legal And Tax Implications

Todd Magin
  • Rental Property Investor
  • Potomac, MD
Posted Jan 17 2017, 14:19

Apparently the formation of Series LLC's are only "allowed" in a few states. I live (and will invest in) Maryland, which does not allow the formation of Series LLCs. Is using a Series LLC as simple as forming it in another state such as Delaware where they are allowed?

Are there legal ramifications of skirting the MD law in such a manner?  Since the business resides in MD, does the MD law trump the Delaware law?

What are the tax implications?  Do I have to file returns in both MD and Delaware?  Annual fees to both MD and DE?

Would a RE attorney know both sides of this equation or would I need an accountant as well?

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