Setting up LLC in the State of Minnesota

[Allen Lemay]

Hi Bigger Pockets - 

I'm hoping you can help me out. Recently, a business partner and I finalized our LLC in the state of Minnesota. We structured it in a way that the parent company is a holding company. We have the operating company (property management) we use as rent collection / payment of expenses for the business. Each property will be set up as an individual LLC under the holding company. My understanding is this is a pretty common structure.

In the state of MN there is a $135 filing fee for each LLC created. To keep continuity and ensure each LLC was filed correctly we thought it would be best for our attorneys to setup each LLC. They provided a quote of $2,800 to set up 10 additional LLCs (1500 labor & 1300 filing fees). We understand there is now way around the filing fees but curious how others have set up LLC's and the complexity of it and ensuring they were all part of your holding company.

Appreciate any and all guidance.   

[Scott Mac]

Hi Allen,

1)  Re. CPA. Realize if an LLC has more than one owner it will need it's own IRS 1065 each year, along with K1's to the owners. 1065 preparations tend to cost more than 1040's, and there is also the possibility of needing more ($$) tax guidance/questions from your CPA. Plus there may be setup cost for a set of books for each LLC.

2)  Re. Asset Protection Attorney.  There may be strategic legal reasons in your situation making more than one owner a valuable choice (or there may not be).

With what look like 11 properties, it might be best to discuss your situation with an Asset Protection Attorney who understand Minnesota Laws, regarding setting up a structure like this (vs winging it off of generic internet information).

Good Luck!