Should i Start an LLC for note investing in real estate flips?

Should i Start an LLC for note investing in real estate flips?

Rental Property Investor · Espanola, NM · Member since 2022 · 4 posts · 1 vote

I have just started Note Investing with a local house flipper/Investor and i plan to continue doing so. My question is should i create my own LLC for this, and how complicated does it make it to pay my self from the LLC especially if i want to take out all the cash i originally invested out of the LLC?

Or would it be easier to continue doing it without one.

Thanks in Advance

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  • Investor · Ashburn, VA · Member since 2020 · 140 posts · 145 votes
    3y

    I would create a LLC. I'm not an attorney and this certainly isn't legal advice, but if not for anything else, it is much "cleaner" to have a separate entity and bank account that you are doing business from.

    It isn't complicated to pay yourself at all. I'd look into whether it makes sense to treat it as a partnership or S-corp for tax purposes and you'll get clarity on this. By default, I believe all LLC's are initially classified as partnerships, but you can elect to be classified as an S-corp by sending in a form to the IRS.

    Also, if you have a separate bank account for the entity, this makes tracking income/expenses much easier too since it isn't blended with your personal account. I'd talk to a competent CPA and they can help you here with how to be treated for tax purposes. Hope this helps! 

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Joshua Brito

    If you are doing note investing (this is what we do), you will want an entity

    The entity type should be discussed with your attorney and cpa as with a LLC you cannot take a salary you take distributions but need profit to take it but with an s Corp for example you can take a salary

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  • Member since 2022 · 142 posts · 61 votes
    3y
    Quote from @Joshua Brito:

    I have just started Note Investing with a local house flipper/Investor and i plan to continue doing so. My question is should i create my own LLC for this, and how complicated does it make it to pay my self from the LLC especially if i want to take out all the cash i originally invested out of the LLC?

    Or would it be easier to continue doing it without one.

    Thanks in Advance

    You really need to ask a real estate attorney rather than us lay people on this forum. We are not familiar with the laws in your state and for something as serious as this I really think you should defer to the professionals. Sorry. 
  • Attorney · Member since 2022 · 83 posts · 79 votes
    3y

    I think an LLC would be a good idea. It minimizes your liability. For the payment of yourself, I would speak with a CPA but by default an LLC is taxed as a disregarded entity but a CPA may advise you to form an S-Corp.

  • I​nvestor & Agent · Tulsa, OK · Member since 2016 · 1k+ posts · 1k+ votes
    3y

    Yes.definitely get one. 

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