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All Forum Posts by: Raven Ye Mahar

Raven Ye Mahar has started 7 posts and replied 18 times.

Post: Transferring Cash between LLCS

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10
Quote from @Ryan Coon:

You are correct in your synopsis of the management company taking the management fee then redistributing back to the holding LLC. It should be noted that while a management company taking a fee in some circumstances may offer some advantages, here where the management company is disregarded, you may actually be adding to your tax liability. This is because the management activity would likely be classified as active income thereby adding self-employment/FICA taxes (~15.3%) to what would otherwise simply only be hit with ordinary income taxes. Thus, while the management company is disregarded, taking a management fee may not be ideal for taxation.

As for separate bank accounts in your cells, having separate bank accounts in each cell can help support the argument that these cells are separate and distinct from one another. This is important from an asset protection perspective (assuming that your state provides asset protection and separation between cells) because it can help limit your exposure to a single lawsuit by only allowing the creditor of one property to go after the assets of that cell. Now, if your bookkeeping is really good such you can easily identify the income/expenses of each cell then you may be able to get away with having a bank account in just the series LLC without having bank accounts for each cell.


 Understood! Would love to hear how you would approach this if you had this business structure set up? Would it make sense to use the Management to collect rent without charging a management fee and redistributing it to the series holding in the form of a owner's distribution and report the rental income on the series holding that owns the units? How would you approach this? 

Post: Transferring Cash between LLCS

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10
Quote from @Ryan Coon:

Hi Raven,

First, while you can collect rents in the management LLC, in particular if you have a management agreement between the management LLC and the property holding LLC, this income would not general belong to the management LLC. Just like when using a third-party property manager, the rents belong to the LLC that owns the properties being rented. This wheels the management LLC could deduct a management fee from the rents, the reminder of the rents would ultimately belong to and be reportable to the property holding LLC. Failure to make this distinction will likely nullify any real legal separation or distinction between the two entities and may even negate any asset protection benefits provided by the LLCs.

Second, as long as the management and holding LLCs are disregarded for tax purposes (e.g. by being single member LLCs with no corporate tax election) then the holding and management companies can simply transfer the funds to the parent company. This should be classified as a "member draw" or "member distribution". These transfers are non-taxable again as long as the LLCs are disregarded. 

It's also important to note that if all of the LLCs are disregarded then there are no taxes or tax returns for the LLCs. Income and taxes would simply flow down to the owners personal tax return. Again, this all rests on how each of these LLCs are taxed and my response assumes disregarded taxation on all LLCs.


Thanks Ryan, this was so helpful! They are disregarded entities, yes. 


So, this would mean that I have to record and report the rental income in the holding llcs that own them? If I were to take your example of the third party property manager, the management llc could "act" as a property manager where it collects the rental income directly, deduct a management fee from the rents and take that as income for the management llc, and the remainder of the rental income will be redistributed and reported back on the holding llc that owns the property?  

In this case, is it crucial to have separate bank accounts for the holding llcs - even for each series? The holding company is a series llc with multiple series created underneath, each holding a property.

Post: Looking for Tax Pro and Accounting

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Hi! 

I started out my real estate investment journey late last year and currently going to have about 3 properties under my belt. Looking for a tax professional / accountant that I could consult for my business structure needs and to help get things started and sorted to ensure I have proper accounting practices. Happy to discuss more and see if we could be a good fit! Would love to connect! 

I am based in NY but have properties in TX and TN currently.

Post: Transferring Cash between LLCS

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Like most people, I created a bunch of LLCs for investing in RRE. I had done a pyramid structure where the top (parent company) owns the two bottom subsidiaries (one for management, one for holding properties). My question is two folds: 

1) Can I collect and report all of the rental income from the properties into the Management LLC even though the Holding LLC is the one holding the properties? 

2) Once the rental income is consolidated in the Management LLC, how do you transfer those income funds upstream to the top parent company? Does this trigger another income tax? Assuming the income is already reported and taxed at the Management LLC level.

Would appreciate your thoughts and guidance if anyone has been on a similar scenario!

Post: To Finance or not to Finance

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Great takes! I have never heard of that benefit from a depreciation perspective so thank you. How about in terms of LTV? How do you decide how much LTV to take out (given you can afford to be flexible), also being mindful of such a high interest rate environment?

Post: To Finance or not to Finance

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Hi, 

I often hear about the power of leverage in Real Estate and the benefits it could bring. But, is this mainly because most people can only afford a certain amount for the down payment? What if an investor is able to afford to buy properties with all cash - should the investor still decide to use leverage regardless? I would assume you would cash flow much more if there is no debt. What are some reasons to use leverage even if you don't need it? If decided to use debt, how should an investor think about how much LTV to take out (only the amount needed / to maximize the lendable LTV, etc)? If any experience investors would like to share their thoughts, I would love to hear them. Thanks!

Post: Nashville STR Required Business Licenses and Taxes

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Hi, 

Just bought a unit via LLC in Nashville area, specifically in Berry Hill to operate as STR. Getting a bit overwhelmed with all the required County Level and City Level business licenses, STR permits and Tax accounts (Business Tax, Franchise & Excise Tax, Sales & Use Tax) to register with the state. Are the requirements different if it is a LTR instead of STR? Does Nashville tax STR under Hotel Occupancy Privilege Tax?

If anyone has gone through this experience, would really appreciate your help to determine exactly what licenses, permits and tax accounts are needed to be in compliance.

Thanks so much! 

Post: Realtors in Dallas Texas Area?

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Hi, 

I am looking to invest Single Fam or Multi Fam Resi, potentially in the Dallas market in the next 4-6 months. If there are any investor-friendly realtors from the area, would love to connect. Feel free to shoot me a message. Thanks! 

Post: LLC Formation State for Real Estate Investing Help

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10

Hi all, 

I am looking to form a LLC to invest my real estate properties under. I am based in NYC but I am looking to invest in properties elsewhere in other states. Should I be forming my LLC in my home state (NY), Delaware (LLC friendly) etc.? Would I need to register my LLC in all the states that I invest in? Any multiple state tax implications?

Lots of different information out there so if there are any legal experts here, would really appreciate your thoughts. Thank you!!

Post: New Investor Incoming!

Raven Ye Mahar
Posted
  • New to Real Estate
  • New York, NY
  • Posts 18
  • Votes 10
Quote from @Michael Dumler:

@Raven Ye Mahar, if investing in Atlanta, GA is ever on your radar, please feel free to reach out. Most of my out-of-state-clients implement rent-by-room to achieve high yield cashflow. 


Hi Michael, 

Thank you for reaching out. It has indeed been on my radar but I didn't know much about the Atlanta market nor did I know anyone there so this is great. I would be more than happy to connect and chat!