Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 7 years ago on . Most recent reply

User Stats

128
Posts
32
Votes
Christopher Dunson
  • Investor
  • Las Vegas, NV
32
Votes |
128
Posts

Need to add co-signer to LLC as a member to make him eligible

Christopher Dunson
  • Investor
  • Las Vegas, NV
Posted

A year ago, I purchased two Four plex with the plan of improving and refinancing within a year time period. More or less the BRRRR strategy. Of course there have been all of the unexpected learning experiences from this venture, and as I foresaw, there is one final challenge.

Since I originally purchased the properties, my credit has gone from 710-595 due to pretty much going all out in the real estate industry and just doing as much as I can, as fast as I can, and until recently it was working out pretty well.

My hard money lender will refinance my properties with a 7.775 cash out interest only loan (unfortunately a 3 year lock in with a prepayment penalty something along the lines of 3,2,1, each year. Over all with my score at the moment I'm fairly happy with the interest rate. 

They brought up that if I had a co-signer that they could lower the interest to 7.375, so I decided to bring my father in on the loan, but because my credit didn't qualify alone for their program, the problem is they want him as a member on the LLC.

As of now, I am the only member, and with this change I am concerned for the following:

-How can this affect my taxes, and business?

-Does this truly have to be permanent, or can I just add him and then remove him after approved and eat the cost?

-Can being a member in the LLC negatively affect him?

-Am I able to put him as .01 percent owner or less with no pay outs or are there minimum requirements? He is not looking to get any income from this at the moment.

-Any important points that I'm missing would be greatly appreciated.

I hope I explained clearly.

Thank you all for your expertise. 

  • Christopher Dunson
  • Most Popular Reply

    User Stats

    3,858
    Posts
    3,159
    Votes
    Ashish Acharya
    #2 Tax, SDIRAs & Cost Segregation Contributor
    • CPA, CFP®, PFS
    • Florida
    3,159
    Votes |
    3,858
    Posts
    Ashish Acharya
    #2 Tax, SDIRAs & Cost Segregation Contributor
    • CPA, CFP®, PFS
    • Florida
    Replied

    -How can this affect my taxes, and business?

    Adding a member in the LLC has no tax implication for you. 

    -Does this truly have to be permanent, or can I just add him and then remove him after approved and eat the cost?

    The operating agreement has to draft and followed when he wants/ has to get out.  The appreciated asset might trigger tax when he gets out but also depends on how the operating agreement is drafted.  Need to talk to a lawyer and CPA on that or a Tax Lawyer. 

    -Can being a member in the LLC negatively affect him?

    No, and you have enough equity if this goes south. and If LLC is maintained as a seprarate entity, he has limited liability. But there are always risks of a market and wiping your equity. Make sure you separate the entity from personal finance so you get desired limited liability. 

    -Am I able to put him as .01 percent owner or less with no payouts or are there minimum requirements? He is not looking to get any income from this at the moment.

    You can virtually do anything without trying to scam IRS with properly drafted agreement even with 0% payout to him and very little contribution from him. You really need to talk to a lawyer on this. This is the one area you dont want to do your self if you have a complicated situation like yours. 

    business profile image
    Investor Friendly CPA®
    5.0 stars
    215 Reviews

    Loading replies...