LLLP vs LLC for Rentals

LLLP vs LLC for Rentals

Mark S.Pro Member
Rental Property Investor · KY · Member since 2013 · 1k+ posts · 540 votes

I’m trying to get an understanding of why someone would use one over the other. I have a SMLLC for my turnkey single family rentals. I’ve always read/heard/etc that LLCs are generally the preferred structure for rentals. I am single, not hands on with my properties.

A buddy of mine, married, just bought his first rental. He is planning to self-manage. He and his wife started a LLLP. He did it online, doesn't have an operating agreement, didn't meet with an attorney, but insists it's the way to go. He is listed as the general partner and his wife as the limited partner. The reasoning was that he wanted his wife's assets protected. I am confused as to why they wouldn't have just formed a multi-member LLC and both have limited liability versus the LLLP structure that seems to mandate one person to be listed as the general partner (who now has personal liability) and in my opinion appears to defeat the whole purpose of creating the entity in the first place.

What am I missing?

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  • Specialist · Toronto, Ontario · Member since 2012 · 2k+ posts · 891 votes
    6y

    Not sure if LLLP exists anymore. I still have one that was created 7 years ago..

    LLC is more like a company LLLP/LP is a flow through to your personal name/income. So taxation is different. I would think the asset protection part is similar

    I am not an accountant or attorney   just stating what I know

  • Mark S.Pro Member
    OP
    Rental Property Investor · KY · Member since 2013 · 1k+ posts · 540 votes
    6y

    @Hai Loc

    Thanks for replying. Just don't understand why he wouldn't do LLC since the GP opens themself up to personal liability with this structure and that was what they were trying to avoid in the first place.

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