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  • Will You Add? - Should You Use an LLC for Your Real Estate Investing? Probably-and Here's Why

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    aveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not
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    Accountants and attorneys love limited liability companies. But do limited liability companies—LLCs for short—really make sense for real estate investors. Probably they do for two almost unknown reasons.

    The Big Legal Benefit of an LLC: Limited Liability…

    The big legal benefit of an LLC is that limited liability companies provide all the same liability protection as a corporation—but with much less red tape. A regular corporation, for example, requires regular stockholders meetings, a board of directors, regular board meetings, and of course records of all these activities and bodies. But a limited liability company doesn’t.

    This legal liability protection provided by an LLC can be extremely valuable. One local attorney I often collaborate with, for example, tells his clients that an LLC protects real estate investors from the worst case scenario—which in his mind is a “slip and fall” accident on the investor’s property.

    With an LLC as the property owner, so says my attorney friend, the “worst case scenario” is liquidation of the LLC. That liquidation means the people who own the LLC wind up with nothing—which isn’t good. But all the owners lose is what they’ve invested in the LLC.

    In comparison, without an LLC, the real estate investor’s “worst case scenario” if there’s a “slip and fall” accident is that the owner or investor can lose almost everything they own. In other words, the business owners or investors could lose not only their investment in the real estate property but many other assets.

    Let me issue a caveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not
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    oration—but with much less red tape. A regular corporation, for example, requires regular stockholders meetings, a board of directors, regular board meetings, and of course records of all these activities and bodies. But a limited liability company doesn’t.

    This legal liability protection provided by an LLC can be extremely valuable. One local attorney I often collaborate with, for example, tells his clients that an LLC protects real estate investors from the worst case scenario—which in his mind is a “slip and fall” accident on the investor’s property.

    With an LLC as the property owner, so says my attorney friend, the “worst case scenario” is liquidation of the LLC. That liquidation means the people who own the LLC wind up with nothing—which isn’t good. But all the owners lose is what they’ve invested in the LLC.

    In comparison, without an LLC, the real estate investor’s “worst case scenario” if there’s a “slip and fall” accident is that the owner or investor can lose almost everything they own. In other words, the business owners or investors could lose not only their investment in the real estate property but many other assets.

    Let me issue a caveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not
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    e, tells his clients that an LLC protects real estate investors from the worst case scenario—which in his mind is a “slip and fall” accident on the investor’s property.

    With an LLC as the property owner, so says my attorney friend, the “worst case scenario” is liquidation of the LLC. That liquidation means the people who own the LLC wind up with nothing—which isn’t good. But all the owners lose is what they’ve invested in the LLC.

    In comparison, without an LLC, the real estate investor’s “worst case scenario” if there’s a “slip and fall” accident is that the owner or investor can lose almost everything they own. In other words, the business owners or investors could lose not only their investment in the real estate property but many other assets.

    Let me issue a caveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not
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    lose is what they’ve invested in the LLC.

    In comparison, without an LLC, the real estate investor’s “worst case scenario” if there’s a “slip and fall” accident is that the owner or investor can lose almost everything they own. In other words, the business owners or investors could lose not only their investment in the real estate property but many other assets.

    Let me issue a caveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not
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    aveat here, however. You may not get as much legal liability protection from an LLC as you want or hope. Say, for example, that you’re repairing the roof on your apartment house and that, unfortunately, you happen to drop a hammer onto the tenant’s head during the roofing project. Your LLC probably won’t protect you from that sort of tort liability. In other words, the tenant can probably look not only to your LLC for payment of damages related to the dropped hammer but also to you personally.

    And here’s another example, which unfortunately makes things even murkier. What happens if someone working for you, one of your employees or subcontractors, drops a hammer on the tenant’s head? The LLC may offer you some protection in this case. But you may still be personally responsible. The tenant might reasonably argue that you should have done a better job managing the employee or subcontractor, for example.

    If you’re extremely concerned about the asset protection features of setting up and operating an LLC, get an attorney involved in your real estate investment planning. An attorney knowledgeable in LLC and real estate law can help you increase the liability protection that you gain from using an LLC for your investing. And this consultation doesn’t need to be particularly expensive. You may be able to buy an hour or two of time from a good local attorney and get all your LLC- and liability-related questions answers.

    The Big Tax Benefit: Enormous Tax Flexibility…

    A second benefit of LLCs relates to the income taxes that investors pay on profits and capital gains. A limited liability company can be almost whatever tax entity it wants to be for income tax purposes. A limited liability company that is owned by one person can be a sole proprietorship, a C corporation, or an S corporation. A limited liability company that is owned by two or more persons can be a partnership, a C corporation, or even an S corporation (if the LLC meets the

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