Form an LLC in the state where the rentals are? does it matter?

Form an LLC in the state where the rentals are? does it matter?

Investor · Portland, OR · Member since 2019 · 23 posts · 23 votes

Hey folks, trying to sort out whether I create an LLC in my home state or where my rentals are. That is what I've done in one state (Wisconsin) and now debating as I look in a new area (Arkansas), if I should form an additional LLC in that state. I live in Oregon.


I'm curious what other's experiences have been. What hassles have you had? good or bad?

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

You likely want to create the LLC in the state where you will be considered to be doing business(the state where the property is located in).

If you want to sue a tenant or third party, the court will only recognize the LLC if it is registered within the state.

You have the option of creating an LLC in your state of residency. However, you may be asked to also register it in the state you do business in which can double up on filing fees.

Best of luck!

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  • Rental Property Investor · Denver · Member since 2020 · 80 posts · 33 votes
    4y

    Hey Michael, 

    I'm incorporated in WY. I like the anonymity and they have some sick tax write offs. 

    Hope this helps! 

    & I invest in the midwest :) 

  • Investor · Portland, OR · Member since 2019 · 23 posts · 23 votes
    4y

    @Monique Pett Any additional details or articles worth me diving into? Sounds interesting!

  • Rental Property Investor · Denver · Member since 2020 · 80 posts · 33 votes
    4y
    Originally posted by @Michael Koch:

    @Monique Pett Any additional details or articles worth me diving into? Sounds interesting!

     hope this helps :) 

    https://www.museblockchain.com...

  • Cameron TopePro Member
    Property Manager · Katy, TX · Member since 2015 · 1k+ posts · 1k+ votes
    4y

    Hey Michael,

    I have a holding company in Wyoming but the LLCs that hold the properties are in the state where the property resides. 

    Note: I'm not an attorney but this is what my attorney advised. 

    Hope that helps!

  • Real Estate Broker · Fayetteville, AR · Member since 2017 · 375 posts · 240 votes
    4y

    I am not a cpa or attorney, but I don't think it matters if it is in state. I would just use the one you already have. 

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

    You likely want to create the LLC in the state where you will be considered to be doing business(the state where the property is located in).

    If you want to sue a tenant or third party, the court will only recognize the LLC if it is registered within the state.

    You have the option of creating an LLC in your state of residency. However, you may be asked to also register it in the state you do business in which can double up on filing fees.

    Best of luck!

  • Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    4y

    @Michael Koch you can create the LLC just about anywhere, but it must be registered in the state where your properties are so that you can legally do business in that state.

  • Member since 2020 · 69 posts · 49 votes
    4y

    It doesn't matter BUT MUST be either formed in the state where the property is or registered in the state wheee the property is or you don't really get the protections of having it in a LLC which was the whole point to begin with. Also keep in mind you cannot represent the LLC yourself in Court. The fee for an Arkansas LLC is $150 a year.

  • Investor · Portland, OR · Member since 2019 · 23 posts · 23 votes
    4y

    Thanks all! After talking with my attorney, the LLC can be formed wherever but must register in the state its doing business in OR just form the LLC there. So all aligns with what many of you are saying. The advice I didnt receive was which state is best, but sounds like Wyoming is popular!

  • Member since 2021 · 2 posts · 1 vote
    4y

    I recommend you read or get the audio book 

    How to use Limited Liability Companies by Garrett Sutton, he has some interesting LLC strategies and covers the NV and WY LLC strategy. Worth reading

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