Lenny:
When I was RE investing with my now ex-wife we placed no more than 5 homes - valued at around $150K each into LLC and then we had a S-Corp that was the management firm which took payments and all the admin stuff. Now, is that the best way - need to ask your Real Estate(investor) lawyer and a Real Estate (investor) accountant.
The largest reason I placed each house into a LLC that on public record I owned nothing, but controlled it all. Now, yes with a little digging you can find out who owns an LLC, but 99% of the population doesn't know how to do that.
Even an LLC, C or S corp in the eyes of the courts is a separate entity from you and your wife, plus I love all the things you can write off against an entity that you can't against your W-2 wages. I am not a lawyer, broker, or giving any legal or accounting advice, only 20 + years experience and know how in the RE business.
- Given our plans and circumstances, does it makes sense to form an LLC for RE investments? YES
- Does it make sense to transfer our existing duplex into LLC (not sure if Wells Fargo, our lender, even allows it) - I am not familiar with how a duplex is coded for taxes - I am assuming non-homesteaded so transferring it into an LLC would not be a problem. Wells fargo won't care - they already have your names on the mortgage anyway.
- Should we consider buying our next duplex under LLC? - Seeing that a duplex is seen as residential the mortgage company may not let you buy it up front in an LLC unless your LLC has a credit history and a Duns number. (more info than you need now). Definitely buy it and then transfer it at the closing table into you LLC - just have your closing agent create a Quit claim or Deed from you personally to your LLC.
Later
Pat Gage