Can FL LLC have property in WA

Question

Hello everyone! Question from A newbie…
We have an LLC in Florida. We purchased the rental property using the LLC in Florida. After three months, We also purchased any rental in Washington state. Can the Property in Washington state be under the Florida LLC? It was purchased under our name but my spouse & I self manage the property.

Thank you in advance everyone!

Luis Alvarez · Answer

@Catherine Javier you can, but it doesn't necessarily mean that it would be recommended.

For one, as @Wayne Brooks pointed out, you would have to register the FL LLC in WA as a "foreign entity" because it will be conducting business in WA (through owning the WA property).  This is something, that while is required, states vary in enforcing it...which by no means I would ever recommend folks not do it, just something for you and your husband to keep in mind.

Secondly, and perhaps more impactful, by having a business (rental property) in WA, you want to avail yourself to the laws and protections of that state.  In other words, you should have a WA LLC own a WA property.  This will avoid any conflicting laws and statutes between trying to use FL law (if you have the WA property in the FL LLC) rather than WA law.  In case of an action, a WA court can very well not acknowledge the LLC because of conflicts...this is not to say that it will happen, but we would take it from a much cleaner approach and having things stay within states as they should.

The bottom line, I would definitely not have the WA property (or any rental property for that matter) under my and my spouse's personal names.  So putting the WA property in the FL LLC is better than your current situation, but putting the WA property into a (properly formed and maintained) WA LLC is how I would approach it.

Hope that helps?

Wayne Brooks · Answer

Yes, but like other states, your FL LLC would have to be registered in WA to be able to do any business there….typically as a “foreign entity”.

Jason Marino · Answer

Hi Catherine,

I agree with the post above. It is possible to own a property in Washington with your Florida LLC. Despite this being a potential option, it is not recommended. Property ownership is generally considered doing business in the State, and this means that the LLC should be from the State or registered to do business in the State where it owns the property. If you decide to not do this, there is the risk of fines, and, worse than that, the LLC can be disregarded in a lawsuit due to it not being registered to do business in the State.

Can FL LLC have property in WA

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