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Updated over 9 years ago on . Most recent reply

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55
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Peter Forrest
  • Washington, DC
13
Votes |
55
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This is a mess: Series LLC, Short-sale, Section 8 grrr

Peter Forrest
  • Washington, DC
Posted

I got a new Series LLC (Delaware), and I am closing on a short sale on Nov 6th, and the property will go into the LLC as its own series. I plan to put section tenants 8 in the house. The short-sale property is currently in my name. I want to put it under the LLC for asset protection. So, I have a couple of questions for those knowledgeable:

1) A series only exists in an operating agreement which is on my computer and that's it. I got mixed advice on whether each series needs an EIN or not. I prefer not so that I don't have to file individual series Federal taxes. Can I get an EIN, and not file Federal Taxes for the Series? I will still file the LLC taxes off course.

2) Are we required by law to use a specific format for the name of a series that is holding assets? For instance, do I need to call the series "Real Estate llc" Series"Address" OR can I just use the address as the name -  which is a proxy for whatever the heck I want?

3) Section 8 requires "Landlord" is the landlord (a) the owner of the property or (b) the property management company? The property management company is a series within the LLC

Many thanks!

Most Popular Reply

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10,251
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Steve Vaughan#1 Personal Finance Contributor
  • Rental Property Investor
  • East Wenatchee, WA
16,108
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10,251
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Steve Vaughan#1 Personal Finance Contributor
  • Rental Property Investor
  • East Wenatchee, WA
Replied

When I place sect8 tenants, I list my mgt co as the payeee with that EIN and the property owner is either myself with good insurance, if it's a house, or my LLC if it's an apt building 5 units+.

Hard to tell if you are short-selling the house to yourself?  It's currently in your name, but... 

I don't put little houses into entities.  Others hopefully can help you with that mess.  Good luck!

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