Deed in individual's name for financing but owned by LLC

Deed in individual's name for financing but owned by LLC

Investor · Boston, MA · Member since 2016 · 11 posts · 9 votes

My business partner and I purchased a property almost a year ago with cash under the name of our LLC. We recently did a cash-out refi using a conventional mortgage. This required us to quit claim it into one of our own personal names. Income and expenses associated with the property still flow through our LLC account and we consider the property to be jointly owned. As far as we're both concerned, it remains part of the LLC.


What will be the implications when we go to file our tax returns? Would it be kosher to pass everything through the LLC even though it is not technically owned by the LLC? I like to think that the IRS only really cares about your "honest to god" intentions in something like this (and that should be evident here). But maybe I'm being naive.

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Natalie KolodijBusiness Member
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Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
4y

I wouldn't report an asset under a partnership that legally has no ownersip of it. 

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  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    4y

    @Sam Rogers

    It will tricky on your part because of the following reasons

    1) The 1098 issued by the bank will be to one of you individually.
    If you file the partnership return, you will likely include on the form the mortgage interest paid.
    2) If the IRS ever questions the mortgage interest on the partnership return, they will ultimately want to see the mortgage statement and then ask for additional documents.

    Did you look to obtain a portfolio loan / commercial loan instead of conventional financing?

    Best of luck

  • Jonathan StyerBusiness Member
    Real Estate Broker · Columbus, OH · Member since 2018 · 330 posts · 396 votes
    4y

    Would definitely take this question to your accountant but I imagine the IRS will look at who owns it regardless of "intentions". You're basically using a government backed loan to make your terms better then want the advantages of using an LLC.

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  • Investor · Boston, MA · Member since 2016 · 11 posts · 9 votes
    4y

    Talked with my CPA and he believes that because the asset was never actually sold and it is still considered to be a business asset, we should be fine to file under the partnership return. Was just curious to see what others did in this scenario.

    At the time that we refinanced (Feb/March 2021) investment property terms were much more favorable on "conventional paper". Fannie/Freddy released new guidelines in March though that seek to limit the number of investment properties that are financed through them. Commercial paper is now much more appealing and we're now taking that route on our refis.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    4y
    Originally posted by @Sam Rogers:

    Talked with my CPA and he believes that because the asset was never actually sold and it is still considered to be a business asset, we should be fine to file under the partnership return. Was just curious to see what others did in this scenario.

    At the time that we refinanced (Feb/March 2021) investment property terms were much more favorable on "conventional paper". Fannie/Freddy released new guidelines in March though that seek to limit the number of investment properties that are financed through them. Commercial paper is now much more appealing and we're now taking that route on our refis.

    The title is no longer in the llc name, so the llc no longer owns the property....period. I surely hope you changed the property insurance to reflect the change.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    4y

    I wouldn't report an asset under a partnership that legally has no ownersip of it. 

  • Attorney · Slidell, LA · Member since 2016 · 322 posts · 179 votes
    4y

    Disclaimer: I am an attorney, but I am not your attorney. This is not legal advice, just friendly information.

    Just something else to consider. If the property is not owned by the LLC, the LLC does not provide any liability protection.

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