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Updated over 10 years ago on . Most recent reply
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Do you need a company name ?
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Don't fall into the newbie trap of thinking entities and business cards are important. You may want to do them, but the focus of your efforts must be on doing deals.
If three of you are involved you are forming a partnership. The MOST IMPORTANT thing for you to do as a group is come up with an operating agreement. If you don't spend hours working on this document that might be 10 pages or more, you've not thought about it enough. You should assume that at some point in the future the three of you will be in court fighting lawsuits each of you has filed against the others. Hopefully that never happens, but if you cannot take that mindset right now (while you are on speaking terms) and discuss, agree upon, and write down what you will do if that happens your partnership is doomed. Disagreements and problems will come up and the operating agreement is what you will refer to to resolve those problems. With three of you you probably want to discuss this with an attorney.
You will probably want to form two entities. One with be an LLC. Use this for the buy and hold properties. The other is either an s-corp or an LLC that elects to be taxed as an s-corp. Use this for the fix and flips. Actually creating the entities is done by the NJ secretary of state. Many states have this process online. You do not need to pay for an attorney to do this, if you can do it yourself. Spend your attorney money on the operating agreements.
Discuss tax issues with your accountant. If you don't have one, find one. The two entities will need to file tax returns and create K-1 statements that are given to each of the three of you that each of you will then use to prepare their own taxes.