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Updated over 1 year ago on . Most recent reply

User Stats

21
Posts
14
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Michael Shepherd
  • Investor
  • United States
14
Votes |
21
Posts

LLC collecting rent - For an out of state investor

Michael Shepherd
  • Investor
  • United States
Posted

Hello, 

I'm an out of state investor who lives in CA and invests in MI. My current entity structure is that I have a WY LLC as my Mother company and a MI LLC as my real estate holding holding company in MI. However I have yet to transfer my properties over to the MI LLC because there was a few things I was unsure on.

Firstly, How should rent be collected in the entity structure? I'm under the interpretation that rent should be collected by my MI LLC, then paid to my WY LLC, and then deposited to my personal bank account. Is this correct?

Secondly, I currently have a bank account for both of my LLCs at the same bank in MI. Is this correct, or should I have a WY bank account for my WY LLC? I'm worried about getting double taxed.

Thirdly, The business who set up my LLCs are telling me I do not need a foreign entity for my WY LLC in MI because "The subsidiaries being in Michigan are considered disregarded entities. Because they are owned by a WY entity, the taxes flow to the WY entity first, disregarding taxes from the subs. WY does not have state income tax as it flows through to your personals." - Is this correct because I've heard other things?

Thanks for any and all feedback :D 

Most Popular Reply

User Stats

266
Posts
192
Votes
Katie Balatbat
  • CPA and Attorney
  • San Diego, attorney
192
Votes |
266
Posts
Katie Balatbat
  • CPA and Attorney
  • San Diego, attorney
Replied

@Michael Shepherd

Also be careful of California since you are a California resident.  You'll want to look into the very broad interpretation of what constitutes doing business by the CA FTB and see if it applies to you.  You may very well find that you now have to pay $800 for both LLCs to the state of California.  Remember that California does not recognize series LLCs.

*This post does not create an attorney-client or CPA-Client relationship.  The information contained in this post is not to be relied upon.  Readers are advised to seek professional advice.

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