Gatlinburg STR, Franchise and Excise Tax 6.5%

Gatlinburg STR, Franchise and Excise Tax 6.5%

Rental Property Investor · Miami FL · Member since 2020 · 9 posts · 0 votes

My lender is willing to close our Gatlinburg STR property in my personal name or in the name of my LLC. I would love to close in the name of my LLC to have less liability. But If I close in the name of the LLC then TN charges a 6.5% Franchise and Excise tax (6.25% on net income and 0.25% on book value of the property annually ) which would be a significant amount.

My wife will be running the Operations (Airbnb, VRBO, etc) through a separate LLC which will be paying me a monthly rent as passive income.

Please let me know your thoughts and any advice on how you have minimized the impact of franchise and excise tax on your properties? 

I know there are certain exemptions such as FONCE but has anyone had any luck in getting approved for any of these exemptions ?

All help appreciated 

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Real Estate Agent · Sevierville, TN · Member since 2015 · 1k+ posts · 1k+ votes
6y

My properties are under my personal name and I have not run into an issue with franchise and excise tax.  I would recommend consulting with your CPA/a CPA knowledgeable of Tennessee law and examining your options.  

I suspect a fat umbrella policy will have you coming ahead financially while still offering significant liability protection. :)

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  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    6y

    LLC is not necessary and you asked this question with too narrow of a scope. I would ask this same question on a bigger forum to a bigger audience.

    I'm not a lawyer and you shouldn't seek legal advice on an internet forum.... But in my opinion you do not need an LLC. You need insurance.

    As far as the headline... taxes and Tennessee are not a concern. This is a no income tax state. Great place to park you money. 

  • Real Estate Agent · Sevierville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    My properties are under my personal name and I have not run into an issue with franchise and excise tax.  I would recommend consulting with your CPA/a CPA knowledgeable of Tennessee law and examining your options.  

    I suspect a fat umbrella policy will have you coming ahead financially while still offering significant liability protection. :)

  • Member since 2020 · 15 posts · 6 votes
    6y

    I would close into the LLC if you have the option. That's what I do with my properties. I also think you (and me) should be exempt and don't have to pay this tax.

    There’s a lot of contradictory and misinformation out there on this subject but this is from the TN.GOV website 
    See:

    https://www.tn.gov/revenue/tax...

  • Rental Property Investor · Miami FL · Member since 2020 · 9 posts · 0 votes
    6y

    @Josh Madigan Hey josh I was leaning towards the FONCE exemption. That would give me some additional liability protection as well as minimize F&E taxes.

    And I actually wanted to see whether someone here who actually closed in the name of the LLC was able to get the FONCE exemption when holding the STR?

  • Rental Property Investor · Miami FL · Member since 2020 · 9 posts · 0 votes
    6y

    @Luke Carl I will also post it in a bigger discussion post, but I wanted to know whether STR properties who closed in the name of LLC were actually getting the FONCE exemption or were they paying the 6.5% franchise and excise tax. I know there is no income tax in TN however they have this 6.5%F&E tax if you are a LLC, or corporation doing business in the state. Also spoke to a few CPA's and got conflicting information that's why I'm trying to get information directly from the investors here. Let me know if u have a reliable CPA who deals with FONCE and I will contact them as well. Appreciate any help I can get.

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    You Could always Quit Claim deed them into your LLC after closing.

    Unless your plans are to do something shady you shouldn't need an LLC. A mortgage is a level of protection, insurance another. You could get an umbrella policy if your that worried to add more protection.

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