Rental Property Investor · Jacksonville, NC · Member since 2011 · 55 posts · 18 votes
Hello Everyone! I am in the military and own a SFH (current residence) and a lot in North Carolina but also have a 4-unit, 2-unit, and SFH in Michigan (where I am originally from). I am assuming I need to find CPA for some guidance on if and how I need to form an LLC... but do I contact someone here or in Michigan, or does it even matter? I will only be in NC for less then a year before I move again. Any thoughts would be greatly appreciated.
Investor · Grand Rapids, MI · Member since 2012 · 224 posts · 40 votes
13y
I would contact someone in Michigan that understands the taxes for the state. If you want a close to home Grand rapids CPA I would go with Culver CPA group as they deal with a lot of rentals in the GR area. Also let me know if you'd like to sell any or buy more because I wholesale in this market. Let me know if I can help you at all if you need boots on the ground here.
Rental Property Investor · Jacksonville, NC · Member since 2011 · 55 posts · 18 votes
13y
Thanks for suggestions everyone!
Michael Lerch I am always milling thru the GRAR to see what is out there! Please feel free to contact me with any potential deals. And I did contact Mr. Culver and am working on setting up an appointment with him for when I visit GR at the end of this month.
Rehabber · Beecher, IL · Member since 2013 · 101 posts · 21 votes
13y
A CPA will be good for advising you on taxes and how to setup the taxation of your LLC, but a asset protection attorney would be best suited for creating the LLC. If you choose to create 1 LLC, you can do it in any state, but you have to pay the state you own houses in a foreign entity fee, which is usually the same price as starting an LLC in that state.
The benefit of just 1 LLC registered as a foreign entity in any state that you do business in is that it is much easier to manage, 1 bank account, 1 tax return, etc.
If you set up an LLC in each state you own property, it will realistically cost about the same and give more asset protection because litigation on 1 LLC won't affect the other. However, it is a little more time consuming to manage because you need individual accounts for each LLC.
You should hold as many properties in an individual LLC as you are comfortable with losing in a lawsuit.
Also, with an LLC, I prefer to do a manager-managed, with me as the manager. A manager is not the owner and therefor will not have litigation against him/her. However, a member will be open to litigation because they are the owner. Some states will disclose the members of a manager-managed, others will not. If you use a state that doesn't disclose the members of a manager-managed, I'd suggest that.
An LLC can be taxed in many different ways, as a simple sole proprietor, partnership, C-corp, or S-corp. A trusted CPA who knows real estate would be able to advise you on this.
The usual rule of thumb is for flipping, an S-corp.
For buy and hold, sole proprietor or partnership (if it is more than 1 member)
Real Estate Broker · Charlotte, NC · Member since 2014 · 129 posts · 12 votes
12y
I think I opened my LLCs under member-manager. Is there a way I can change that to manager-managed? and if so, then who would be the owner of the LLC afterward?