Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. 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 over 11 years ago,

User Stats

93
Posts
12
Votes
Marcin G.
  • Chicago, IL
12
Votes |
93
Posts

asset protection strategy

Marcin G.
  • Chicago, IL
Posted

I live in IL, am single, have several rental properties, have landlord insurance and umbrella policy. I do all the work myself (repairs, upkeep, accounting, screening, approving of tenants etc). The following idea I have in mind, in my opinion is very simple, cost effective, preserves my tax status (hedging my W2 income with loss coming from my properties) and most importantly is done in good faith not trying to defraud anybody…just to protect myself against frivolous lawsuits or when my insurance policy or umbrella policy declines my claim
Here we go …

LLC – I have turned down that option. I do all the work myself and even if I create 1 LLC per property I still would not enjoy full protection as myself and my LLC would be named in the lawsuit. In IL I believe creditors can even foreclose on an LLC. I would have to create a 1 member LLC anyways. Not a strong protection, costly, up to 750 in the first year, 120 thereafter per 1 LLC. Keeping separate tabs, separate bank account, doing everything in the name of LLC. A lot o hassle

Trust - Pretty complicated, costly, not sure I could still declare profit/loss on my tax statement. I read about so called 541 trust …when a creator brags the trust was not penetrated so far in any case. The cost of setting up. $6K …probably something I would consider if I had $1M in real estates …

Friendly Lien – my parents (who reside outside of US) incurred considerable debt paying for my eduction, bringing me up etc (consideration)…I plan to create a contract with my parents that would state that I am obligated to repay the money. I plan to record the lien against each of my properties up to its market value (all of them are free and clear). As a result I will still own the properties, enjoy tax benefits, to the outside world it will look like I am indebted pretty heavily. Anybody who will hire an attorney to sue me will pretty soon hear from his attorney that there is not much they can get even if they win against me. This will make me less of a prey for all those chasing quick buck. Again, this strategy is not to be implemented to defraud anybody or declare bankruptcy the next day . I do not have any pending lawsuits a of now. I am purely interested in protection and preservation of my assets. Please let me know and thank you……

Loading replies...