Skip to content
×
Pro Members Get Full Access
Succeed in real estate investing with proven toolkits that have helped thousands of aspiring and existing investors achieve financial freedom.
$0 TODAY
$32.50/month, billed annually after your 7-day trial.
Cancel anytime
Find the right properties and ace your analysis
Market Finder with key investor metrics for all US markets, plus a list of recommended markets.
Deal Finder with investor-focused filters and notifications for new properties
Unlimited access to 9+ rental analysis calculators and rent estimator tools
Off-market deal finding software from Invelo ($638 value)
Supercharge your network
Pro profile badge
Pro exclusive community forums and threads
Build your landlord command center
All-in-one property management software from RentRedi ($240 value)
Portfolio monitoring and accounting from Stessa
Lawyer-approved lease agreement packages for all 50-states ($4,950 value) *annual subscribers only
Shortcut the learning curve
Live Q&A sessions with experts
Webinar replay archive
50% off investing courses ($290 value)
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

14
Posts
2
Votes
Lisa Albright
2
Votes |
14
Posts

Transferring property from Owner to LLC after purchase

Lisa Albright
Posted Apr 1 2023, 04:58

I am a newbie here, thanks everyone for amazing information. 

We are buying our first STR, paying cash, our LLC is in the process of being formed but will take another 6 weeks our Attorney told us.

Is there any issues that we should be aware of in this transfer in terms of liability, hidden costs, title concerns. Thank you in advance for any help you can offer. 

User Stats

562
Posts
553
Votes
Dave E.
  • Rental Property Investor
  • Indianapolis, IN
553
Votes |
562
Posts
Dave E.
  • Rental Property Investor
  • Indianapolis, IN
Replied Apr 1 2023, 05:50

@Lisa Albright congratulations on your first investment property! There are probably tons of posts and articles on this subject if you search for "due on sale clause". Essentially transferring the title from your personal names to the LLC can be considered a sale by the mortgage company and they can call the whole balance of the loan due. It is rare that they would find out or care, but there is a simple solution. You can ask them for permission! That's the very basics. Do a little research on this topic and best of luck to you!

User Stats

14
Posts
2
Votes
Lisa Albright
2
Votes |
14
Posts
Lisa Albright
Replied Apr 1 2023, 06:09
Quote from @Dave E.:

@Lisa Albright congratulations on your first investment property! There are probably tons of posts and articles on this subject if you search for "due on sale clause". Essentially transferring the title from your personal names to the LLC can be considered a sale by the mortgage company and they can call the whole balance of the loan due. It is rare that they would find out or care, but there is a simple solution. You can ask them for permission! That's the very basics. Do a little research on this topic and best of luck to you!

Thanks Dave for the well congratulations and for the information. We will not have a mortgage on it so I'm hoping is should be an easy transfer but seems like there are always little nuances that pop up!!

I really appreciate your feedback and will continue my research. Have a great day!!

Demo
Practice finding and analyzing deals
Follow a few simple steps to view a practice deal.
Step 1 | Find a market
Tulsa, OK
$231,902 - Median Home Value
5.97% - YoY Rent Growth
$1,351 - Median Rental Income
0.58% - Rent/Price Ratio
4.56% - Appreciation
0.77% - Population Growth Rate
See Practice Deals

User Stats

16,194
Posts
13,648
Votes
Chris Seveney
Pro Member
#1 All Forums Contributor
  • Investor
  • Virginia
13,648
Votes |
16,194
Posts
Chris Seveney
Pro Member
#1 All Forums Contributor
  • Investor
  • Virginia
Replied Apr 1 2023, 09:01

@Lisa Albright

This is one of the most talked about (and over used) topics/strategies here on BP

User Stats

9,861
Posts
5,535
Votes
Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Investor
  • Austin, TX
5,535
Votes |
9,861
Posts
Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Investor
  • Austin, TX
Replied Apr 1 2023, 11:25

Ask your CPA two questions, 

1. If the transfer in deed will cause a taxable event.

2. Can you write off closing costs closed in your personal name to your LLC?

You will have to pay to switch the deed over. 

User Stats

14
Posts
2
Votes
Lisa Albright
2
Votes |
14
Posts
Lisa Albright
Replied Apr 2 2023, 03:37
Quote from @Eliott Elias:

Ask your CPA two questions, 

1. If the transfer in deed will cause a taxable event.

2. Can you write off closing costs closed in your personal name to your LLC?

You will have to pay to switch the deed over. 


 Great questions, thank you Elliot. Really appreciate your feedback!

User Stats

56
Posts
32
Votes
Randall Tannen
Pro Member
  • Accountant
  • New York
32
Votes |
56
Posts
Randall Tannen
Pro Member
  • Accountant
  • New York
Replied Apr 2 2023, 07:27

@Eliott Elias @Lisa Albright

Transferring ownership to an LLC, with no change in beneficial ownership is not subject to NY transfer tax. In terms of closing costs in your personal name vs LLC, there is no tax benefit of an LLC. You'll be able to deduct the same expenses for the STR regardless of an LLC or no LLC. The benefits of an LLC include asset protection, limited liability, increased opportunities for tax planning and so on.

User Stats

14
Posts
2
Votes
Lisa Albright
2
Votes |
14
Posts
Lisa Albright
Replied Apr 2 2023, 11:21

Thanks so very much Randall! I really appreciate it. Looks like you are in my neck of the woods, Glens Falls! 

Thank you so much for your feedback!