LLC Formation and requirements

LLC Formation and requirements

Member since 2025 · 14 posts · 7 votes

I recently closed on a property in NC (OBX). I'm a resident of NJ. My purchase was done via an LLC I formed to make the purchase in NC (NC LLC). Does anyone know if there's any requirement that I form an LLC in my "home" state?

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  • Attorney · Spanish Fork, UT · Member since 2025 · 77 posts · 98 votes
    1y

    Hi Stan,

    This is a great question and the answer really depends on what you're doing and how the LLC is taxed because where the LLC is formed and filed will largely depend on where the LLC is considered to be doing business. The good news is that you're off to a great start having a NC LLC for a NC property because owning a rental/investment in NC will generally be considered doing business in NC and thus would require the LLC to be filed there. Assuming you haven't made a corporate election for this LLC (e.g. elected to be treated as an S-corp or C-corp) then you would generally not need a NJ LLC or to file the NC LLC into NJ, especially if this is simply a rental property.

    Note: This information is for educational and informational purposes only and does not constitute legal, tax, or financial advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

    • Member since 2025 · 14 posts · 7 votes
      1y

      @Ryan Coon thanks Ryan, this is all logical. I sent a note to my accountant too and he confirmed no need to form anything in Jersey. 

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