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?
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.
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.
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.
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!