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  • Real Estate Investor
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Operating Agreement for Manager managed 1 memeber LLC

NA N.
  • Real Estate Investor
Posted

I was wondering, after looking at several templates on the internet that look too general, if someone here at BP would be kind enough to provide a template tailored for the flipping homes business.
Here is how I will be forming the LLC:

1) Manager managed. Manager won't be owner, just manager
2) 1 member owner of 100% of the LLC
3) Manager is registered agent and able to sign on behalf of LLC.
4) LLC will be taxed as S corp.
5) There will be an initial "contribution" from me to the LLC to make the first purchase from LLC account.

I know I should consult an attorney/tax but at this stage I just need to get this going so I can start making offers in my LLC's name.

I understand this might be necessary in order to open a business account. Correct.

Anyways.. I appreciate if anyone could help.

Thanks

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Brian Burke
  • Investor
  • Santa Rosa, CA
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Brian Burke
  • Investor
  • Santa Rosa, CA
Replied

As a member of an LLC, you cannot take a salary. You can take Guaranteed Payments, which you can argue is similar to salary, but you don't withhold payroll taxes. To take your profits you just write yourself a check as a withdrawal of equity. Don't have the title company wire sales proceeds directly to your personal account, run everything through the LLC's books.

Don't pay your personal expenses within your LLC. Take your equity draw and pay those from your personal accounts.

Maybe David's bank will apply for an EIN on his behalf, but my bank would give me a blank stare. That's OK though, you can apply for, and immediately receive, an EIN online at IRS.gov, it takes about ten minutes.

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