Quote from @Tanya Maslach:
Hi all
Some context:
We have 1 LTR in Denver now, and reside there. We do NOT have a separate LLC for it. Taxes/Expense: flow through our personal taxes.
Questions:
a. We are about to buy properties in OH. Should we set up a simple LLC in Ohio? Or does it matter (can we create one in Colorado)?
b. What are cost and time effort for setting up an LLC for REI purposes? Curious to learn options for ease of set up and $ hard costs (Think about it like Tier 1, Tier 2, Tier 3, with Tier 1 being "just fine, it works" and Tier 3 being "Pro-Level with Pro Prices")
Thank you! HAPPY THANKSGIVING!
Tanya
Hi Tanya,
Great questions! Here’s some insight based on my experience:
Question A:
Since you live in California, it's important to know that California doesn't care where your property is located. As a resident, you'll still need to pay the $800 minimum annual franchise tax to the California Franchise Tax Board (FTB) for any LLC you own, even if it's set up in another state.
What I personally do is have a holding company (LLC) in California that owns my LLCs in other states where I invest. This setup ensures that I stay in compliance with California's FTB requirements. One of the biggest misunderstandings I see among real estate investors is thinking that setting up an LLC in another state allows them to avoid California's franchise tax. Unfortunately, that's not the case. If you live in California, the FTB still wants its $800 per LLC, no matter where your properties are.
Question B:
When it comes to setting up an LLC, here are three common approaches:
1. DIY Approach:
In most states, you can set up an LLC yourself for less than $100 in filing fees, depending on the state. However, you'll need to handle all the paperwork, figure out which forms to file, and stay on top of compliance requirements like annual reports. While this is the cheapest upfront option, mistakes can be costly. For example, failing to file a Business of Information (BOI) report correctly can result in penalties of $500 per day or even up to one year in jail if the filing is late.
2. LegalZoom or Similar Services:
LegalZoom can help create an LLC for about $600. They'll handle setting up your legal entity and obtaining your EIN (Employer Identification Number). However, they charge extra for things like the Statement of Information (SOI), which costs $75, and the BOI report, which costs $90. While this is a convenient option, the downside is that they don't offer any advice—legal, tax, or business-related. Their role is purely administrative, so if you file incorrectly or choose the wrong entity type, you're on your own.
3. Hiring a Lawyer or CPA (White-Glove Service):
This is the most comprehensive option, with costs ranging from $1,000 to $3,000. A lawyer or CPA will handle all the filings for you, including obtaining your EIN, filing the SOI and BOI, and ensuring compliance with the California FTB. They also provide guidance on entity selection, tax strategies, and long-term planning, which can save you money and trouble in the long run. While this is the most expensive option, it minimizes the risk of costly mistakes and ensures you’re getting tailored advice.
If you’re confident in handling the process, the DIY approach can save you money. But if you’re unsure about compliance or plan to scale your real estate portfolio, I’d recommend consulting a CPA or attorney to avoid costly mistakes.