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DanielleCPA
DanielleCPA , Certified Public Accountant (CPA)
Category: Finance
Satisfied Customers: 781
Experience:  CPA experienced in tax and financial planning
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My husband and I live in and just purchased a rental property

Customer Question

My husband and I live in and just purchased a rental property in Tx as an investment. If all goes well, we would like to purchase other properties in the years to come. I've been reading all about the different types of business formations but am unsure which to form. What would be our best option?
Submitted: 5 years ago.
Category: Finance
Expert:  DanielleCPA replied 5 years ago.

Hi and welcome to Just Answer! I'm happy to help answer your Finance questions. Feel free to interject at any time if you need clarification.

An LLC would be your best option for investment properties. An LLC will both shield you against liability and also provides favorable taxation.

 

An LLC taxed as a partnership will shield you against personal liability in the event of the lawsuit and all the income will flow through and be taxed on your personal return. In the event you need to withdrawal from the LLC, you will not be taxed again.

 

I would not advise setting up a C Corporation due to double taxation. Your profits from the rental properties will be taxed at the Corporate level and any money you take from the Corporation will also be taxed as dividends. An LLC offers the same liability protection that makes C Corps attractive but without the double taxation.

 

If you are going to be investing in multiple properties, you may want to set up separate LLCs for each property depending on how many properties you purchase. The reason being if you get sued for something at Property A and you also have Properties B and C in the LLC, the lawsuit could also go after B & C. If you had separate LLCs, it would provide you with an added layer of protection...e.g. for Property A, could only go after assets in LLC A and not LLCs B & C.

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