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Updated about 3 years ago,
LLC transfer of property
Good Morning BP. Would anyone have advise or experience on changing an LLC's formation state? I owned commercial property in Massachusetts under an LLC I formed years ago and in May of 2020 sold that property and did an 1031 exchange on an investment property (apartment complex) in Florida. In August 2021 me and my family moved and located to Florida full time. The Mass LLC , through the exchange owns the property(myself40%/wife40%/son20%) and we had registered with state of Florida as a Foreign LLC back when the property was bought. Now I thought it would be prudent to "convert" or change the LLC formation state to FL since I plan on staying here and the property is in Florida but I am being told by some lawyers that because the LLC is registered as a foreign entity I would have to create a new LLC with different name and transfer the real estate over. My concern is: would there be any Tax implications on the transfer of the property since I did a 1031 with the real estate to delay CG. I wouldn't want the IRS to see this as some kind of gain with the new FL LLC.. Hope I am making sense but if anyone that deals with such topics had any advise it would be greatly appreciated.. In my mind I was hoping there was a simple form or process just to declare change of formation state for LLC but maybe I am over thinking things.. I do plan on calling FL divisions of corporations but thought any advise I could get would educate me first. Thanks in advance
Dan