How can I structure this deal for LLC

How can I structure this deal for LLC

Investor · Mandeville, LA · Member since 2013 · 15 posts · 2 votes

Ok, so I my in-laws decided they want to go 50-50 on a SFH rental we are looking at. The mother died, both kids live out of state and hopefully we can get it for a great price.

I ran the numbers, and looking into other possibilities of splitting the lot up to sell (one of few double lots in high value area) and all looks good based on mostly equity with some cash flow.

What I am trying to figure out is how we can set up this partnership, we have talked about an LLC and we are pretty sure the bank will not loan to me in an LLC (they are double checking, small local bank). The plan was for my wife and I to finance it and they split the down payment, closing, rehab, etc. Besides them "gifting" their part of the down payment how can we set this up where we can have a partnership 50-50 with no complications?

I have the power to get the loan, but I don't want to take the full taxable income if I plan on splitting all profits with them. They have the cash to buy it outright, then we could rehab and refinance maybe? I wasn't sure how this would affect them tax wise putting the money into an LLC to purchase, then after the rehab refinancing the house. Plus I know they only want to put in half after all said and done, but don't want the deal to slip away if they need to buy it with cash.

Any help is appreciated.

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  • Professional · Riverside, CA · Member since 2009 · 254 posts · 273 votes
    11y

    Seth,

    To fully be 50/50, you will need to get the bank to lend to the LLC, and have all parties as guarantors. This is the cleanest way to do it.

    Everything else you are talking about is only going to get yourselves into arguments, challenges and possibly even IRS issues.  I do not see another possibility of having it "50-50 with no complications".  Because you being on hook for a loan is not 50-50.   Your tax burden is not 50-50.  Them having no cost basis is not 50-50.  You get my drift.

  • Attorney · Fort Worth, TX · Member since 2015 · 372 posts · 176 votes
    11y

    Owning 50/50 and the word 'gift' usually don't mix. If your small bank won't lend to you in an LLC, find a better bank. (Although they should want to lend to you, especially if they get personal guaranties of everything). Commercial loans have less red tape than residential and higher interest rates so banks like them a lot. But, they are less 're-sellable' than residential. So find a bank looking to increase its commercial loan portfolio.

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