Advice on Trust/LLC Banking, etc!

Advice on Trust/LLC Banking, etc!

Member since 2020 · 18 posts · 8 votes

Hello!

My wife and I are jumping in head first into a new real estate plan and I'd love some advice on how to property structure our endeavor. We are going from a pretty normal living situation, to a MUCH more complicated one, and we'd LOVE your advice. We are additionally looking for a CPA, and we have already received some legal council.

We own a single family condo on the north shore of Massachusetts, and just purchased, with the help of my father, a 4 unit apartment building in the same city. Because of our mortgage conditions, we are going to be moving out of our condo, renting it out, and into one of the 4 units in the new building.

My father's conditions for assistance were a loan for down payment, along with funds for renovation work. He would like to see a 7% return on his investment, interest paid monthly, and his money back when we eventually sell or cash out refi (~10 years out).

Our current intentions are to live in the new building, rent out our primary, and short term rent the 3 units adjacent to our unit in the new building. I did manage hotels for ~7 years, and have some experience with Airbnb currently.

We are unable to place the new building into an LLC due to the mortgage conditions, so we are instead going to put it in a trust. We are also going to move our original condo into a trust. We also currently have an LLC set up for our short term rental operations which we have been already running out of our spare room in our home which will cease when we rent it out. In total we will have 1 LLC and two separate trusts.

All that said, I guess my questions are as follows:

-We need to set up an operating bank account for renovation work for our new property, should we set this up through the trust, through our existing LLC or just pay using our personal accounts? My father, my wife, and myself will all need to funnel money through this account to fund the project.

-We have been told about Umbrella insurance from friends. Should this be something we consider?

-Will my father be able to transfer money into the LLC/Trust account without it being seen as a gift?

-When the time comes to pay back my father, will we be able to distribute proceeds from the sale/refi as we see fit?

Thank you SO much, I know this is a bit of a wacko situation! So many things are changing for us. I want to use every resource possible!  I know advice varies on market, etc, but I appreciate anything and everything! =)

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Basit SiddiqiBusiness Member
Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
2y

Will my father be able to transfer money into the LLC/Trust account without it being seen as a gift?

You can structure it as a loan. However, I think it is better for him to transfer it to you directly and have the loan be between you and your father. Then you can deposit the money into the LLC.

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  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    2y

    Will my father be able to transfer money into the LLC/Trust account without it being seen as a gift?

    You can structure it as a loan. However, I think it is better for him to transfer it to you directly and have the loan be between you and your father. Then you can deposit the money into the LLC.

  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    2y

    Congrats on your purchase and expanding your portfolio!

    -We need to set up an operating bank account for renovation work for our new property, should we set this up through the trust, through our existing LLC or just pay using our personal accounts? My father, my wife, and myself will all need to funnel money through this account to fund the project.

    Operating account should be in LLC and you can transfer money and source it from there. Your living trust, if you've set one up, will notate that the LLC is part of the assets within that. 
    -We have been told about Umbrella insurance from friends. Should this be something we consider?
    Yes, its additional protection for short money ($500-1000/yr) depending on coverage
    -Will my father be able to transfer money into the LLC/Trust account without it being seen as a gift?
    I believe trust is OK but LLC is more dicey - refer to your FA (Financial Advisor/CPA) for this
    -When the time comes to pay back my father, will we be able to distribute proceeds from the sale/refi as we see fit?

    You should be able to pay it from LLC and document as 'expenses' for the LLC. This is common practice. 

    Happy to share a CPA contact if you need it, just DM me.

  • Bill HamptonBusiness Member
    Accredited Investment Fiduciary, AIF®, Financial Planner, Tax Strategist, Real Estate Investor · Atlanta, GA · Member since 2012 · 2k+ posts · 977 votes
    2y

    @Phillip Dixon

    I recommend finding an accountant who specializes in real estate taxation. You may want to consider working with your accountant remotely to expand your options.

    I would also recommend looking for a accountant willing to work with you throughout the year. You want an accountant who can help you strategize and who is responsive when you want to know the consequences of the financial decisions you are making throughout the year.

    Good luck.

    Hampton Tax and Financial Services LLC4.7106 Reviews
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