This may be a better way for you to hold title to r.e.

This may be a better way for you to hold title to r.e.

Investor · Kerrville, TX · Member since 2015 · 53 posts · 72 votes

One major problem with owning rental real estate is liability. People can sue you for any reason — or none at all. If you hold title to your real estate personally you could lose everything. That’s why most real estate investors create limited liability companies (LLCs) to hold title to each of their properties. At worst, they might lose one property in a lawsuit but likely not all of them.

However, it's not cheap to create and maintain an LLC. You can form one yourself, but you'd better know what you're doing. If you miss something and are sued, the other side may be able to have the LLC thrown out and attack your personal assets.

Then there's the considerable workload and expense of filing taxes for each LLC, a multi-step process. If the LLC has only one member it is considered a "disregarded entity" and the member files a Schedule C with a personal federal income tax return. If the LLC has two or more members, it must file Form 1065 and a Schedule K-1 for each member with the IRS. In turn, each member must file an individual Form 1040. The LLC might be required to file and pay other taxes as well such as unemployment tax, property tax and state taxes. (An LLC also has the option of filing as a C Corporation.)

Because of the hassle and cost to create and administer many LLCs, some investors put two or more properties into the same LLC. They know they are taking a risk by exposing more than one property to litigation, but they reluctantly decide it's worth it to avoid the headaches of having numerous LLCs.

I recently bought several rental properties from an investor. Instead of creating LLCs for each, I used a relatively new vehicle called a Series LLC, a.k.a. SLLC. It's so little-known, at least in my area (Deep In The Heart Of Texas), that the title company had never heard of it.

Read the rest at http://tinyurl.com/series-llc

0Reply
20 views

Most Popular Reply

Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y
Originally posted by @William "W.J" Mencarow:

 For example, California law does not permit an SLLC to be formed.

It is typical that an Entity formed in one State(eg NV) can/is Foreign Filed in another State(eg CA).  I believe the Interstate Commerce Act ensures some uniformity of legal recognition.

See this reply in the discussion

9 Replies

Jump to latestLatest
  • Investor · Montgomery, TX · Member since 2014 · 386 posts · 151 votes
    10y

    I have read about series LLC and hope to use it one day. i think the biggest problem for most people is finding financing in an llc. I plan to use up all 10 of my conventional loans. Then form a series llc for the next properties. I thought I read somewhere that in texas they haven't been proven yet due to the relative newness of them.

    Good for you.  Do you have these properties financed?  

  • Investor · Kerrville, TX · Member since 2015 · 53 posts · 72 votes
    10y

    Hi Mike. If you mean they haven't been tested in a Texas court, possibly not. I haven't done the research. My attorney recommended the series LLC to me as the best way to go. That's when I started looking into them, and the more I looked, the more I liked them.

    The properties in the series LLC do not have conventional financing (I don't use it), so I don't know anything about using a series LLC for properties with conventional financing. If that was a problem I would use the series LLC for properties I bought with purchase money mortgages, private lenders or partners. -- Bill

  • Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    I agree with you on the benefits of a series LLC. Unfortunately, Series LLCs are a relatively new beast and not available in most States. For those who live/invest in those States, it is definitely something worth looking into.

  • Investor · Kerrville, TX · Member since 2015 · 53 posts · 72 votes
    10y

    Bryan, it is true that not every state  allows you to create an SLLC within the state. However, you can create one in, for example, Delaware, and it is my understanding that it can register in any other state. For example, California law does not permit an SLLC to be formed. However, the California Franchise Board website (https://www.ftb.ca.gov/businesses/bus_structures/S...) states:

  • Montclair, NJ · Member since 2014 · 66 posts · 6 votes
    10y

      @William "W.J" Mencarow Very enlightening and stimulating post. Do you   expect to see sub series llc's used to take title to notes as well as property, and to see sub series llc's used as   joint venture vehicles for note investing and real estate investing ?

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y
    Originally posted by @William "W.J" Mencarow:

     For example, California law does not permit an SLLC to be formed.

    It is typical that an Entity formed in one State(eg NV) can/is Foreign Filed in another State(eg CA).  I believe the Interstate Commerce Act ensures some uniformity of legal recognition.

  • Investor · Kerrville, TX · Member since 2015 · 53 posts · 72 votes
    10y

    Robert, interesting questions. I'm in touch with lots of note investors in my work. Some buy notes in LLCs, but no one has ever mentioned using the series LLC. I'm not aware of any reason a series LLC could not buy notes. One advantage would be if a mortgagor successfully sued you, your other notes would theoretically not be threatened.

    Using a series LLC as a vehicle for jv real estate and/or note investing is an interesting idea. I'd have to think more about that, but my initial reaction is favorable.

  • Montclair, NJ · Member since 2014 · 66 posts · 6 votes
    10y

    William, just this past Monday Scott Carson interviewed Attorney Scott Smith on the series LLC. I understood Scott Smith to say that his firm is in fact creating series LLC's used for holding notes and which can also work as a vehicle for doing note JV partnerships. In addition I understood him to say that he recommends taking title to a note in a trust, then assigning the beneficial interest of the trust to a series LLC, the better to preserve anonymity. You can see the video here.

  • Note Investor · Austin, TX · Member since 2012 · 602 posts · 357 votes
    10y

    The issue with the Series LLC is that they are not recognized in all states. If you live in CA, you would want to use a Delaware Trust to avoid the numerous registrations fees. Scott Smith did an amazing job of explaining the uses of a Series LLC and is a huge asset!

Join the conversationCreate a free account to reply, vote on answers and follow this thread.