I am not an attorney and I don't play one on television. As someone who prepares around 150 tax returns a year, I know a little about the taxation of business entities. A single member LLC "CAN" be a disregarded entity for tax purposes. You can add Schedule C or Schedule E to your personal form 1040 return to handle taxable income. However, you CAN choose to have it taxed as a C Corp on form 1120 or an S-Corp on Form 1120s as you see fit.
There is one exception to filing a two member LLC as a disregarded entity. It has to do with the LLC Operating Agreement you use. I bought mine from attorney and speaker Lee Phillips. We sell Lee's package at a discount to our members at Illinois REIA. Taxation can be all about the operating agreement.
Short of a proper operating agreement a two member LLC must choose to file as a Partnership on Form 1065, C Corp 1120or S-Corp 1120s.
Changing title when the property is mortgaged is another issue. Under the 1984 Garn-Saint Germain Act You can legally transfer the title of your personal residence into a trust for "ESTATE PLANING PURPOSES", but NOT for liability protection. Your mortgage company must comply with the law. However, your mortgage company can bill you for their attorney's fees to research the matter.
It is my non legal opinion that your LLC should manage the property but own nothing but a check book. It can rent from the beneficial owner (you, a trust or another entity) and then sublet the property to the occupant. In this way you do not have to be a real estate property manager under the laws of your state. No Real Estate Agent license would be required. You can also jump through the hoops and hurdles to be a property management company in your state.
When obtaining an EIN be very careful about which entity you choose, and the start date selected. If you choose a Partnership, C Corp or S Corp your first tax return could be due on March 15th, 2025. The late filing penalties are around $200 per Month per Member/Partner if you miss the filing date. This is the case EVEN if you have not actually done any business.
Always seek the advice of an attorney who specializes in the area of law you need help with. If you do not have an attorney go to WWW.Skidis.Biz and look for the appropriate LegalShield plan. Need more info on LegalShield call me at the number below.