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Tax, SDIRAs & Cost Segregation

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Justin R.
  • Rental Property Investor
  • San Anselmo
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File with the Secretary of State as "Transacting Business"

Justin R.
  • Rental Property Investor
  • San Anselmo
Posted Apr 1 2020, 09:53

I recently purchased an apartment in GA with a LLC. My LLC is a California LLC. I was told by my closing attorney (GA) I need to file with the Georgia Secretary of State as a foreign LLC in order to do business in GA. Another attorney said it is not needed for real estate purposes (buy and hold rentals) as that is not consider "transacting business."

According the the GA SOS website Code Title 14 there are provisions to what "business" is. SOS Code 14-2-1502 subsection B,9 states.

(b) The following activities, among others, do not constitute transacting business within the meaning of subsection of this Code section:

(9) Owning, without more, real or personal property;

Does anyone have experience and a suggestion how to proceed? Thank you!!

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