Quote from @Luke Eastman:
Hello I had a question, my father passed away a few years ago and left us two rental properties in Virginia. Both properties owned free and clear by our mother but my brother has the power of attorney. We are trying to get everything in order and are thinking about forming an LLC for them. We live out of state. I was wondering, should the LLC be registered in our home state or in the state where the properties are? Also, should it be a separate LLC for each house? And on a different note, each property has had the same tenants for 10+ years now but we haven't raised rents in maybe 7 years and they are way too low, is there a legal process you have to go through to raise rents or can we just tell the tenants that rent is increasing by a few percent? In case you couldn't tell, we are new at this and any help is much appreciated. Thanks!
Luke, I am not an attorney. Take the below with a grain of salt.
When deciding whether to form an LLC in the state where your real estate property is located or in the state where you reside, several factors need to be considered:
1. State Laws and Requirements
- Local Laws: Real estate is generally governed by the laws of the state where the property is located. Having an LLC in that state may simplify compliance with local regulations, tax filings, and property management.
- State-Specific LLC Requirements: Each state has different requirements for forming and maintaining an LLC. Forming the LLC in the state where the property is located might be more straightforward, avoiding the need to register as a foreign LLC in that state.
2. Tax Implications
- State Taxes: If you form an LLC in your home state, but the property is in another state, you might have to file tax returns and pay taxes in both states. Forming the LLC in the state where the property is located may help avoid double taxation or the need for additional filings.
- Franchise Taxes and Fees: Some states have franchise taxes or annual fees for LLCs. These costs can vary significantly by state, so it's important to compare the financial impact of forming the LLC in either state.
3. Liability Protection
- Asset Protection: The primary reason for holding real estate in an LLC is to protect your personal assets from liability. Forming the LLC in the state where the property is located may offer clearer legal protections under that state's laws.
- Corporate Veil: Courts tend to respect the corporate veil (the legal distinction between the LLC and its owners) more when the LLC is properly formed and operated in the state where the property is located, reducing the risk of personal liability.
4. Operating Convenience
- Administration: Managing the LLC might be easier if it's formed in the state where you reside, especially if you plan to handle administrative tasks yourself. However, you would still need to register it as a foreign LLC in the state where the property is located, leading to additional paperwork and costs.
5. Foreign LLC Registration
- Dual State Requirements: If you form the LLC in your home state, you'll likely need to register it as a foreign LLC in the state where the property is located. This involves additional registration fees, annual reports, and possibly hiring a registered agent in the state where the property is located.
6. Privacy Considerations
- Anonymity: Some states allow LLC owners to maintain greater privacy by not requiring public disclosure of the members. If privacy is a concern, consider the state's rules on anonymity and how they align with your goals.
7. Professional Advice
- Consult with a Professional (both an attorney and an accountant)! I highly recommended you consult with a real estate attorney or tax professional who understands both states' laws. They can provide specific advice based on your situation, goals, and the nature of the property.
Sorry this post is a lot longer than I intended.