Multiple LLC under Corporation

Multiple LLC under Corporation

Norwood, NJ · Member since 2013 · 47 posts · 5 votes

Hi, BPers. Wish all of you are gonna have a great weekend. I have been listening to the podcast for a quite some time.

Here is my Situation, I incorporated a holding corporation in the Great state of New Jersey, and will purchase properties which need rehab work, and LLC them (so the corporation would be the sole member, correct me if I am wrong).

Questions:

1Does the structure said above provide legal protection as usual (a real person with many LLCs)?

2 For rehab work contracts, would be appropriate to contract under the holding corporation or it has to be under the specific LLC?

3 If we hold the after-rehab properties for renting out, does the rent has to be rendered by renters to LLC bank account? or directly to corporation account (afraid that in the event of legal dispute, court would rule commingle with funds between the parent corporation and LLCs, and losing protection as piercing the veil kick in)

4 If we do flip few properties, does it justify to LLC the properties right after we purchase them, or we can wait and see (if we could not sell the house, and then LLC it as rental property)

5 lots of LLCs are named as their address, just wonder which happens first, setup LLC or purchase the house?

i if setup LLC first, does it contain risk that the deal might not go thru and

you end up with an address name LLC wouldn't not be used elsewhere?

ii if purchase the house using corporation account, then have to transfer

the title to the LLC with another attorney fee and excise tax, and title

insurance...you name it... Am I missing anything?

Is there any method/process that could save some bucks and being a lot smooth transition than the two situations I could imagine.

Many thanks to anyone stop by and give their 2cents!!!

0Reply
9 views

Most Popular Reply

Gary BaileyBusiness Member
Investor · Cincinnati, OH · Member since 2008 · 48 posts · 19 votes
13y

I'm not an attorney or a CPA, however, I am someone who at one point set up a ton of LLC's and ended up with 24 (no exaggeration!) bank accounts for my little "real estate empire". Guess what? I got sued when a buyer didn't close and I kept his down payment (I was completely in the right and the lawsuit was dropped)..but guess who he sued? Every singe one of my LLCs and me personally!!

I have learned that LLC's don't protect you from someone who wants to bring a lawsuit against you - even if you didn't do anything wrong.

Consider consulting a cpa and an attorney. However, remember the KISS method: KEEP IT SIMPLE.

Gary

See this reply in the discussion

5 Replies

Jump to latestLatest
  • Real Estate Investor · Member since 2012 · 189 posts · 32 votes
    13y

    these are all great questions that should definitely be followed up with a professional or two... have you taken the time to sit with a tax attorney and/or tax accountant/cpa?

    we wasted a lof of our time asking everyone but the ones in the know when we started out long ago... hopefully, you can get some substantial/authoritative answers on your questions and setup. it's definitely worth the money and time to do so!

    good luck!

  • Norwood, NJ · Member since 2013 · 47 posts · 5 votes
    13y

    Actually, I am CPA myself, but these questions are out my knowledge base, and trying to learn from someone here... I would consult a corporate attorney, if I have to.

  • Gary BaileyBusiness Member
    Investor · Cincinnati, OH · Member since 2008 · 48 posts · 19 votes
    13y

    I'm not an attorney or a CPA, however, I am someone who at one point set up a ton of LLC's and ended up with 24 (no exaggeration!) bank accounts for my little "real estate empire". Guess what? I got sued when a buyer didn't close and I kept his down payment (I was completely in the right and the lawsuit was dropped)..but guess who he sued? Every singe one of my LLCs and me personally!!

    I have learned that LLC's don't protect you from someone who wants to bring a lawsuit against you - even if you didn't do anything wrong.

    Consider consulting a cpa and an attorney. However, remember the KISS method: KEEP IT SIMPLE.

    Gary

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    13y

    @Daren Wang ,

    You asked in the right place. These are easy to answer questions.

    1 Does the structure said above provide legal protection as usual (a real person with many LLCs)?

    Double check with an attorney. I represent taxpayers before the IRS not before courts. From my understanding that sounds like a good strategy and is similar to how I operate my businesses.

    2 For rehab work contracts, would be appropriate to contract under the holding corporation or it has to be under the specific LLC?

    I would purchase in the name of a new LLC each time and change the name of the LLC, that maybe be cheaper. Otherwise you might incur transfer taxes.

    3 If we hold the after-rehab properties for renting out, does the rent has to be rendered by renters to LLC bank account? or directly to corporation account (afraid that in the event of legal dispute, court would rule commingle with funds between the parent corporation and LLCs, and losing protection as piercing the veil kick in)

    The Rent NEEDS to go the LLC bank account. Then you can transfer it to the owner. I would make sure to keep an adequate reserve in the LLC for operating costs.

    4 If we do flip few properties, does it justify to LLC the properties right after we purchase them, or we can wait and see (if we could not sell the house, and then LLC it as rental property)

    The only reason I say yes to LLC them is to keep them as a separate project and keep another layer. The downside is more cost/ paperwork.

    5 lots of LLCs are named as their address, just wonder which happens first, setup LLC or purchase the house? If I setup LLC first, does it contain risk that the deal might not go thru and you end up with an address name LLC wouldn't not be used elsewhere? ii if purchase the house using corporation account, then have to transfer the title to the LLC with another attorney fee and excise tax, and title insurance...you name it... Am I missing anything?

    Set up the LLC and change the name of the LLC after closing.

    Is there any method/process that could save some bucks and being a lot smooth transition than the two situations I could imagine.

    Also look up my thread on LLC taxation.

  • Norwood, NJ · Member since 2013 · 47 posts · 5 votes
    13y

    Steven, thanks for the message, it means a lot.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.