Quote from @Nathan Grabau:
Quote from @Alex L.:
Quote from @Nathan Grabau:
You could certainly sell your properties from you to your LLC and transfer through a special warranty deed. This is going to make it look like a sale. It is important that the sale takes place at full price. It is even possible that you could take out new debt(that you would likely have to personally guarantee) from a local bank against these properties. Only down side is the transfer is going to be more expensive.
That all being said, I do not know of anyone who would be savvy enough to know what the quit claim deed was for, but would not be savvy enough to figure out that you owned the LLC.
Thanks, Nathan. The thought process is that if someone were to look up said property on the auditor website, and see that the LLC "purchased" it from myself for a reasonable market price, then that someone would not make any direct connection between myself and the LLC. The LLC in question is anonymous, in that when looked up on the state registry it does not show ownership or management information -- only that the Registered Agent and individual authorized to form the LLC is an attorney's office. So, is someone were to look up the LLC, they wouldn't be able to tie me to it with a simple Google or business registry search.
On the other hand, if someone saw that the property was simply transferred to the LLC for $0 from myself, then it makes it pretty obvious that I'm the only behind the LLC because who on earth would practically give a property away to a company?
Now I just need to figure out tax implications.
Some states require registrations of out of state LLC's to operate in them. For example, even though Iowa law did not require it, my lender in Iowa required that I register my Colorado based LLC that holds property in Iowa, with the Iowa SOS. Just some food for thought that anonymity really does not exist, in anyway that is meaningful. Just some other examples:
If you self manage, reverse phone number search... historic property tax bills... an asset search... LLC skip tracing.
I would spend more time working through the "why do I need anonymity?" question before you spend a ton of money and get hit with cap gains tax and all these other things. Most likely, that why, leads to an answer of being concerned with someone who is sophisticated enough to find you even through the LLC.
Thankfully I don't have an out of state LLC. I only have an LLC in the state where I invest in -- Ohio. A lot of people seem to think that you can't have an anonymous LLC in Ohio, but the truth is that you can; the formation documents clearly state that a member, manager, or other authorized representative can sign to form the LLC. In my case, I had a law firm handle it, so my hands are clear of the LLC from a public standpoint. Not trying to over-explain the details to you... just saying in case someone else in OH is looking for answers regarding anonymous LLCs, because I spent a long time searching high and low with no definitive answers.
I definitely know that my personal info can always be tied back to the LLC one way or another. But my goal is just to make it harder to do so... adding a few extra layers of security, if you will. I use a Google Voice # for all business-related aspects that has no ties to me, never use my real name when dealing with tenants, and property tax payment details in my county either aren't public or they're not easily accessible unless you go physically go downtown. Obviously, if someone wants to find out who is behind the LLC, nothing is impossible, and besides, a subpoena can easily do that. But, again, I'm just trying to get a bit more privacy on the surface, and not necessarily trying to hide myself for the purpose of avoiding lawsuits or something like that. I've never had to evict a tenant thank goodness, but god forbid I did, the last thing I'd want is for them to easily find my name and address on the auditor website and show up on my doorstep (which I've heard horror stories about). In that same vein, I'm pretty confident a tenant won't spend the time and money paying a skip tracer or private investigator to locate the owner of the LLC when they couldn't even pay their rent.
However, if they have two braincells and know how to click the "Transfers" tab on the auditor page, where they can see I quit claimed the property to the LLC for $0, they'll figure out that I'm the owner.
I guess thinking about the "why do I need anonymity?" question, I've checked plenty of times on the auditor website to see who owned a property, saw that it was quit claimed to an LLC for $0, looked up the LLC, and confirmed the owner of the LLC was the previous owner of the property. So, knowing that I've done it before and have seen how easy it is to get that info just on the surface, makes me worried that someone with bad intentions might do the same thing. So, in short, the answer would be that I'm simply neurotic and paranoid. That's it and that's all. I have no bad intentions. Just anxiety about others who might, lol. Also, I do prefer to keep info about my assets from non-immediate relatives... I've a ton in the area, and good lord are they nosey.
Apologies for such a long response. I lack brevity. I think I'll consult an accountant that has in depth experience about real estate and LLCs and see what they have to see on the matter in terms of tax implications.