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26 August 2024 | 8 replies
Let's break down the pros and cons of each approach:Forming an LLC in the State Where the Property is Located:Pros:Compliance with Local Laws: Establishing an LLC in the state where the property is situated ensures compliance with local regulations and laws specific to that jurisdiction.Legal Clarity: It provides clear legal jurisdiction and may simplify any legal proceedings related to the property in that state.Perception: Operating with a local LLC may give tenants and local authorities confidence in your commitment to the community.Cons:Additional Costs: Setting up and maintaining an LLC in another state means incurring additional registration fees, taxes, and possibly hiring local legal counsel.Administrative Burden: Managing multiple LLCs across different states adds complexity to your administrative workload, including extra paperwork and compliance requirements.Tax Implications: You may face tax obligations in both the state where the property is located and your home state, potentially leading to double taxation or complexities in tax filings.Managing Through Home State LLC:Pros:Simplified Management: Handling all properties under a single LLC streamlines administrative tasks, reducing paperwork and simplifying tax filings.Cost Savings: Avoiding the need to establish multiple LLCs in different states saves on registration fees, legal expenses, and ongoing maintenance costs.Consistency: Uniformity in management practices and legal structures may contribute to efficiency and ease of operation across your real estate portfolio.Cons:Legal Exposure: Operating out-of-state properties under a home state LLC may expose your personal assets to the laws and liabilities of the other state, potentially diminishing the liability protection the LLC offers.Compliance Challenges: You'll need to ensure your home state LLC meets the legal requirements for conducting business in other states, which could involve additional filings and fees.Perception and Credibility: Some tenants or local stakeholders may prefer dealing with a landlord who has a local presence, which could impact your reputation or relationships in the community.Ultimately, the decision depends on your specific circumstances, risk tolerance, and long-term goals.
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25 August 2024 | 2 replies
The zoning will define the permitted uses (this will tell you if you can have an RV/Boat storage there) and it will define the density (this will tell you how many tiny homes you can add).You'll want to make sure you don't conflict the existing duplex to a new use or mixed use where you might put the existing use out of compliance.
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25 August 2024 | 21 replies
Each day we were out of compliance we'd incur a fine of $250.00.
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27 August 2024 | 22 replies
We have not pulled the trigger yet with them, but I did find a close circle friend that has used them in the last few months and it went very very well.
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26 August 2024 | 25 replies
Overall, I’m loving the learning process and am getting close to a pull the trigger point.
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24 August 2024 | 11 replies
- the law does not appear to state in what manner the tenant has to make that demand.So, reading the applicable law in whole, element by element (as all laws should be read,) I take from this law that, unless the tenant makes a demand - even verbally (for which there may be no witness/evidence) - only then is the “14-day” clock even triggered.
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24 August 2024 | 11 replies
At the end of the day we decided to negotiate w/ the seller on the cost of the upgrade to get them into compliance.
26 August 2024 | 13 replies
I have been told by one very reputable RIA and a separate 1031 company that after I have been in the REIT for at least 1 year that I can pull up to my original basis out of the REIT without triggering any capital gains tax.
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26 August 2024 | 13 replies
The perfection of tax title into indefeasible ownership (“good” or “merchantable” title) is a very complex process requiring meticulous compliance with the law.
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26 August 2024 | 9 replies
These include (but are not limited to);a. a drop dead date for her to refinance and take you off the mortgage (5 years, whatever);b. trigger events for her to refinance regardless of date (birth of child, remarriage, failure to maintain the house physically, cease using house as primary residence, failure to pay insurance or property taxes, no "subject to" sales and etc., etc).and no doubt a host of other things.Then there's your remedy if she fails to keep her end of the bargain, including who gets appreciation, right to possess or maintain, etc.Your credit score is far down the list of concerns