Where should I create my LLC?

[Natalie Lindsey]

I am not sure where I should create our LLC.

We are a military family and we are waiting to find out where we will be moving to this summer. Hopefully we will know sometime in Jan. or Feb. We have several SFH properties already, but we would really like to invest in multifamily near where we will be living so we can be close to the properties. We are basically waiting to find out where we will be heading before choosing our next market.

Meanwhile, we have found a multifamily property in WV we are interested in. We are considering putting in an offer on it but feel like we should probably go ahead and create an LLC ahead of time. WV is actually considered our home of residency since that is where we lived at the time when we became a military family. We also own a rental property there already.

Whenever I start looking into information about LLC's I see some people mentioning places like Wyoming, Delaware, and Nebraska. I understand that there are some benefits to certain states. On the other hand, I understand that there can be additional fees for opening up an LLC in one state while having property in another state. So I'm just wondering where we should open up our LLC. Although we are interested in a property in WV and it is our home of residency, if we don't end up buying the property I mentioned above, then we will more than likely buy in the state we move to or one nearby it. Not WV. Since we don't know yet what state that may be, where would it make the most sense to set up an LLC? If we set it up in WV but then don't end up investing there, will it cost us a lot more long term by having to pay extra fees for whatever state we do end up investing in?

[Aaron W.]

@Natalie Lindsey I'm not an attorney, but from an investor perspective, you can invest in real estate (as you have already done) without the need for an LLC. Whether investing using your personal name or an LLC, the income will pass through to your personal tax returns. You can purchase the multifamily property without an LLC. If you end up purchasing a property, you can always set up the LLC after going under contract by amending the contract after forming the LLC or quit claim deed the property to your LLC after closing.

In my opinion, I would not lose sleep over the creation of the LLC at this time.