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15 July 2014 | 13 replies
You could buy properties subject to existing conventional loans and acquire properties in your LLC.From an asset protection standpoint, were you to get sued and a judgment obtained by plaintiff, a smart asset recovery company will know how to pierce the corporate veil of a single member LLC.
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19 November 2014 | 3 replies
If she is co-mingling business and personal liabilities, then a lawyer will likely pierce the corporate veil and render her business entity worthless.
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1 August 2023 | 24 replies
There is no piercing and no sueing going on.
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21 July 2016 | 46 replies
I find most fraudsters are lazy so if they have to spend a ton of time to talk to you to extract money then they will move on if you pierce their initial pitch.
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7 September 2016 | 0 replies
First step for us will be to find a MFR to house hack in Pierce County.
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14 September 2016 | 3 replies
However, that technique raises several red flags in my mind:If the LLC exists solely to hold the primary residence, and has no real business purpose, I'm concerned that the IRS would rule that it's a "sham", and any tax deductions would be disallowed.Most likely due to violating the Economic Substance and Substance Over Form doctrines.If the LLC has some additional (real) business purpose (e.g. additional rental properties, or a commercial venture...such as selling office supplies), then the personal residence is in jeopardy in the case of a lawsuit brought against the LLC resulting from any investment or business property held within the LLC (e.g. slip and fall at a rental property).Even in that case, I'm assuming the residence would still be classified as personal property (even if held within the "business" LLC), so that any expenses paid (maintenance, repairs, etc) would not be deductible.Not to mention that mixing personal and business assets within the LLC creates additional risk for "piercing the veil" (alter ego) for any potential judgments.If they decided to proceed and ignore the above issues associated with using an LLC, there are additional issues:It's more difficult to get financing for personal property held in an LLC, and any financing would be at a higher interest rate.It's more difficult to get hazard insurance.They would need to pay the LLC (themselves) fair market rent, as tenants of the residence.They (as LLC members) would need to pay income & FICA taxes on the income (rent) received from themselves as tenants (resulting in double taxation of that money).They might lose their capital gains exclusion:If they keep it as a Single Member LLC (since they're husband & wife in a community property state), they could probably keep the capital gains exclusion, since the IRS typically considers that a "disregarded entity" (as long as the LLC has not elected to be treated as a corporation for tax purposes).
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16 March 2018 | 3 replies
The only recourse in GA for personal creditors in regards to an LLC, is a charging order against debtors share of distributions from LLC.If one of us were to get sued personally, do you think our LLC "corporate veil" would be pierced and creditors could attach lien to house and property?
27 March 2018 | 15 replies
Don't pierce the corporate Veil: This can occur if the entity either is poorly capitalized.Inadequate Initial funding of the entityor fails to maintain a separate identity from its owners ( using the business bank account for business purchases, maintaining separate books)Conversion of entities Assets for Personal Benefit:Another factor that poses a risk of piercing the corporate veil is the draining of entities assets (such as payments of large salaries to shareholder-employees) that leaves the entity with inadequate resources to pay its debts.Do not commingle personal and LLC assets.Maintain a separate LLC bank account.Execute an operating agreement.Follow the provisions of an operating agreement.Have LLC member meetings according to the operating agreement.Title property in the name of the LLC.Maintain insurance on LLC property in the LLC's name.Sign all LLC documents in the LLC's name, not the members' names.These steps will also provide a better defense against other creditors attempting to show you pierced the corporate veil.So, put the money in the LLC's Book as capital contributions from your partner, and use the moeny for the transaction.Also, although I do not know the extent of the business you have conducted so far or will in future, you should consider electing S-corp.
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24 April 2018 | 12 replies
However, just putting them in LLC does not do any good unless you are very careful about not piercing the corporate vile.
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23 June 2021 | 30 replies
As I said, your corporate veil is already pierced by having a personal mortgage on the property, you just didn't realize it."