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All Forum Posts by: Art Ritter

Art Ritter has started 0 posts and replied 70 times.

... as i posted on another thread very similar to this:

Dear All --

Here are two ways to answer this 'prohibited name-words' question specifically for every state - and avoid getting everyone's opinion and/or experience with some state other than the one in which you are interested:

Google the state law on LLC or corporation, or whatever legal entity you are considering. Only pick the responses that have the .gov extension on their URL. Then, READ THE LAW that governs the state in which you are forming and naming your business entity.

If you need to talk to the real expert for your state of interest, call the secretary of state's office in that state and have the receptionist transfer you to the person who handles formations and names for type of entity and ask them the question.

Happy googling/dialing

Post: So whats in a Name ? holdings, properities ETC (then) LLC

Art RitterPosted
  • Las Vegas, NV
  • Posts 73
  • Votes 28

Dear All --

Here are two ways to answer this 'prohibited name-words' question specifically for every state - and avoid getting everyone's opinion and/or experience with some state other than the one in which you are interested:  

Google the state law on LLC or corporation, or whatever legal entity you are considering. Only pick the responses that have the .gov extension on their URL. Then, READ THE LAW that governs the state in which you are forming and naming your business entity.

If you need to talk to the real expert for your state, call the secretary of state's office in that state and have the receptionist transfer you to the person who handles formations and names for type of entity and ask them the question.

Happy googling/dialing

Hi, folks!

Welcome to Las Vegas!  Here are a few of the local meet-ups you might be interested in:

Sin City REIA

https://www.meetup.com/SinCityREIA/events/23668864...

New Meetup

March 2017 Henderson REI Meet Up

Henderson Real Estate Investors

Added by Phillip Dwyer

Tuesday, March 28, 2017
6:00 PM

Guiseppe's Italian Grille
2630 W Horizon Ridge Pkwy
Henderson, NV

price: USD20.00 per person

Real Estate Investors Association of Las Vegas
At each REIA-Las Vegas general meeting, we have a market update, exchange of real estate deals, and educational information. This includes Expert Panels, National Speakers, Professional Experts and Local Speakers.

Wednesday, March 22, 2017

The Beacon Center 4505 W Hacienda Ave Las Vegas, NV 89118 Register Below

Well, @Vu T.

Let's not let all be for naught!

Why not start investing in CA - in an area where you are able to handle the price-points, make a good return, and learn the business?

I am sure that you can find properties that will support your personal purposes and goals for REI in your home state - though maybe not really in or close to Fountain Valley.

I don't know the CA markets; but, I bet that there are other BP readers who do and can make some excellent suggestions.  

By starting now, you will be an expert once you do move or start investing out-of state - and if you cash-out when making the jump, you will have a great cash head-start wherever you go!

OK - BP writers:  Where should Vu start looking?  Southern California?  LA area? Imperial Valley?  Along the coast?  Show him the ... opportunities!

Cheers, Vu!  So you got some lemons.  Make lemonade!

... and last - Happy Monday @Vu T.

Hey, Vu -- I almost forgot:  

Business licenses are the purview of the governing jurisdiction (might be a county - might be a city - 'Reno' contains three such jurisdictions in its effective 'area' and it is nearly impossible to tell by looking whether you are in the City of Reno, the City of Sparks, or the urban area of Washoe County. The 'Las Vegas' area is much simpler - only EIGHT jurisdictions in the effective area - LOL!) - each has its own process, license fee schedule, and tax schedule - and each is different. The purpose of the property's use (a personal residence or a commercial rental) will make a difference, so be specific as to what you want to do with the property when you ask: "I want to buy an SFR and live in it" will get one set of answers. "I want to buy and rent out an SFR" will get another set. "I want to buy a duplex (or 4-plex) and live in one unit and rent out the others" will get yet another set of answers. Be specific.

So ask the question while you are running the numbers on a potential property - but, begin with the question to that jurisdiction about the zoning of the address to see if renting is even allowed at the address you are contemplating.

While you are at it - check out the possible (and the particulars of) any Home Owner's Association that may have control of the address with your Power Team member Realtor (HOAs are, in effect, additional governmental jurisdictions beyond the city or county - each with its own rules, procedures, and 'fee' schedules) - and ask all of those questions all over again of the HOA.

Cheers - Art

Hi, Vu!

Welcome to Bigger Pockets - and to Real Estate Investing in Cali-vada!

You note that you are interested in Reno - but, Las Vegas is only 5 hours away from Fountain Valley by car - consider the 2 million pop. center versus the (admittedly growing) half-mill Reno Area (it is 'the Biggest LITTLE City in America' for a reason).

I am very encouraged that you are first discussing the legal form of your investing entity, as this is the foundation that must be solid for your business success. However, you should note that the path you are contemplating (a CA LLC + whatever it takes for it to do business in Nevada) may be needlessly expensive.

But, before you contact the Nevada Secretary of State, as Michael and Bill advise above, with the questions you may have now - please get for yourself the information you need to be able to ask the questions you will have after you study it - from a relevant knowledge base.  Then address Michael's and Bill's excellent points!

Now THE FOLLOWING NOT LEGAL ADVICE!  I am not a lawyer and I do not play one on TV.  This is management information, only.  Please seek competent legal counsel before acting on it or any other such suggestions you may read here or elsewhere.

Getting appropriate information you need is not really that hard.  Just go to its official source (the relevant law) and then, after you have made your business/management decision on the best direction for you, get appropriate counsel from competent legal professionals.  Do it in that order, though, or the lawyers will make you do their idea of what is right for you.  Be open to their suggestions on any change in direction and the reasons for these that they may have - but, stay in control!  Thoroughly understand what they are suggesting and why it really is best - for your business, your goals for your business, and your reasons for being in business.  After all, it is your business - not theirs.

So, start your pursuit of relevant knowledge by Googling:  NRS 86 (Nevada's LLC law), the California Revised Uniform Limited Liability Company Act, and the California Franchise Tax Board (navigating the sites you select to find the requirements of the law on how LLCs are treated, taxed, and charged fees for earnings and 'doing business' within and outside of the state of their formation and operation).  Thoroughly read the '.gov' sites on the first google-response pages you get with each of these search terms.  You will find that:

If you set up a CA LLC, you will have to pay all of the fees to set it up and file, get and pay for a registered agent in CA to receive all of your legal papers, warrants, summonses, etc. - i.e., be the 'legal you' in CA - and pay CA taxes (maybe both business and personal taxes - depending on how you elect to have your LLC considered - as a corp or a partnership) on earnings and CA franchise fees for the privilege of doing business in CA whether your LLC earns or does business inside CA or outside of CA.

As you are presently intending to invest in Nevada through an out-of-state entity (your CA LLC), you will have to also register your CA LLC with the NV SOS as a 'foreign' entity and you will have to get and pay for a Nevada registered agent to be the 'legal you' in Nevada. Please note that this foreign registration costs about as much as simply forming a Nevada entity. Also note that Nevada does not have any such Franchise Tax Board or fee for the privilege of doing business here as does CA. We do have business taxes, though - for which your business tax liability kicks in as soon as your entity begins making $4 MILLION a year.

You are already (rightly) contemplating an on-scene, property management company, as the distance from Fountain Valley to either Reno of Las Vegas is probably too great for you to effectively or efficiently perform the necessary day-to-day property management functions.  And, of course, with them, you will need a local Power Team of other professionals to advise and do the work they can do better than you can yourself in each of your business' management and operating locations - the one from which you run your business and the one(s) in which you have your property(ies).

But, consider this:  unless you have a really good reason to 'manage your investments' from home in Fountain Valley (i.e., 'do business in CA' -- conduct all of your investment mechanics, decisions, actions, etc.) - why not just do these things in Nevada, too - and not pay for your investment management entity set-up and annual maintenance - and your corporate power team twice? ... and not pay the CA FTB franchise fees?  

You have to travel to your investment focus area in Nevada (Reno or Las Vegas) for your LLC's REI business reasons anyway -- to learn the investing climate and market there (I would urge you to attend the local REI associations and/or clubs for your investment focus area(s)), to build your local power team, to learn the neighborhoods, examine potential 'next investment' properties, and conduct your due diligence on any property you intend to purchase.

For less than the annual CA franchise fee, you should be able to add the few other top-management actions your REI business needs to these trips - and/or make the few more trips a year (to Las Vegas - a quick, five-hour drive up I-15 with a stop in Baker for lunch at the Mad Greek - or short, cheap flight to Reno) to do everything else you have to do to manage the top-level, non-day-to-day things your business requires - from your phone and laptop on the desk you borrow in your NV resident agent's or your local property manager's, or power team-member realtor's office during business hours. Oh, and wouldn't these top-level, management actions trips (and the Mad Greek lunches - or 'Awful Awful' burgers at Jerry's Nugget in Reno - and other 'reasonable entertainment') also be business expenses?

i would recommend that you (with a competent CA tax attorney who is also licensed to practice and competent as a tax attorney in Nevada) explore simply forming a Nevada LLC and making all of your REI business decisions outside of CA (i.e., so you will not ever be 'doing business in CA' - regardless of where you live).  

A Nevada LLC will provide as much - if not more - liability protection as a CA LLC investing in NV would - and perhaps get friendlier treatment than a foreign entity and for far less overhead.  

If you continue to live in CA (with its rather high personal income taxes), either the CA or NV LLC can be regarded and taxed as corporations or as pass-through entities - with profit and/or loss coming to you as a 'member' of the LLC - which either is 'doing business in CA' (and subject to the CA FTB fees)  - or is NOT 'doing business in CA' (and thus, exempt from the fees of the CA FTB).  

I wish you the best of reliably informed and legally advised business acumen - and the business success it will bring, Vu!

Post: Registering Nevada LLC

Art RitterPosted
  • Las Vegas, NV
  • Posts 73
  • Votes 28

... and thank you for the vote, Alex!

Want to talk?  PM me!

Post: Building authorities in Clark County/Las Vegas

Art RitterPosted
  • Las Vegas, NV
  • Posts 73
  • Votes 28

Hi Michael!  Great post on a very timely, importation, and generally overlooked topic!

i have moved and modified my residence twice and worked as a land use consultant on several occasions in certain parts of the "Las Vegas and Henderson" area - and have enjoyed the adventure in many of its versions.  Let me explain:

The "Las Vegas and Henderson" you address is more an area than a unified burg. Like Southern California's "LA area," "Las Vegas and Henderson" actually contains 9 separate political jurisdictions (six cities, two counties, and the Feds' Bureau of Land Management) generally within or adjacent to the boundaries of the Las Vegas Valley - and all within this 30-mile REI area of investment consideration. Each of these jurisdictions has their separate and distinct building departments and jealously guard their distinct prerogatives over their particular slice of the pie.

Luckily, they all use the Uniform Building Code (in one version or another) reserving the right to amend this code to their perceived "local conditions."  And they have done so with vigor.

Sadly, although (as you would expect) they also each have their separate ordinance processes for application, code review, political review (with the neighbors), inspection, and final certification - these vary widely in degree of political and technical competence (maybe responsiveness to, shall we say, "alternative interpretive/action influence") - and capacity for response - in each of these stops along the journey.

Also - like SoCal - it is pretty hard to judge which one of these jurisdictions your real estate is actually in!

Minor repairs (not requiring permits/inspections) are pretty straight-forward.  But is gets very sticky beyond that (i.e., requiring permit/inspection - or change to property use, building size - or "look," zoning, etc.) 

So, if your REI plan includes anything that might require permitted modification or new construction, i would first determine which jurisdiction the property is in and then go to school on their permitting process. The more aggressive any contemplated change in scope or use of the property under consideration, the more you may need the help of a land use consultant to navigate and present your plans to the political review bodies - there may be several in a serial review. Use change requiring a zoning change will throw you into a political review process that will take several months.

I would begin my learning about any REI strategy / plan with a competent land use consultant - as to which jurisdictions to consider and which to reject - from a permitting process perspective. Once you have decided where to invest, go to the development / building department, make a friend there among the managers, and get a copy of the master zoning plan and development ordinance for the area you are considering, and review your options with your land use consultant. Your consultant will know what is easy to get permitted, inspected, and certified, what is hard, and what is impossible - area by area.

Good hunting -- this is hunting, BTW - don't go there without a guide!

Post: Property Management Specifically for Investors

Art RitterPosted
  • Las Vegas, NV
  • Posts 73
  • Votes 28

WOW!  Thanks - it looks like we have a bit of growing into it before we are big enough to use you - single unit problems don't exactly scale to big portfolio life, from what you have described.  Thanks - great explanation!